I was being considered for a position - not requiring an interview process. One person in the dept. wanted someone else to be appointed for the position. She accessed my undergraduate transcripts w/o permission or request from our dept chair and emailed my undergraduate grades (not so hot grades) and included disparaging comments to all the members of the department…never included/mentioned my relevant 2 master's degree or doctoral degree GPAs (3.90-3.98)…now there is a real search and I am being considered…she's on the search committee and won't step down… all committee members had received her email and are now biased…she is the dept bully and "that's just how she is" is the response I keep getting...
I believe the Family Educational Rights and Privacy ACT, FERPA, focuses on certain protections of school records of students, but is not meant to necessarily preclude the obligation to make such records available when being considered for, or in the context of, employment,. Whole it appears that you weren't asked permission, if this person who apparently has a say in the hiring decision had demanded access to your records, or that you provide the same, you likely would be in the same position as you are now. Notwithstanding the disparaging opinions, which she can make, it appears you would have difficulty legally proving recoverable damages. This is especially true since you have not yet technically lost the job as of yet. Try sending everyone on the hiring committee copies of your grade transcripts for your Masters and PhD. Good luck.
First, it sounds as though the persons to whom she allegedly disparaged you are quite familiar with this woman. You would have to show that she definitely accessed the transcripts, that she did so improperly. Good luck.
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