Rao retracts confidentiality agreements at VCU; CMU employees not in same circumstance under Ross

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Michael Rao has retracted confidentially agreements with office employees at Virginia Commonwealth University since becoming the school’s president in 2009.

Controversy arose in recent weeks for the former president of Central Michigan University when reports surfaced in Richmond, Va., of the “unusual” agreement, which banned VCU employees from talking about what they observe of Rao’s family and him.

“The confidentiality agreements have been the subject of recent scrutiny and criticism and, unfortunately, have been misinterpreted in terms of what I sought to be accomplished by these agreements,” Rao said in an e-mailed statement to VCU employees. “I sincerely regret any undue burden or ill will that these agreements may have caused. Therefore, I have decided to withdraw all such confidentiality agreements.”

VCU spokeswoman Pam Lepley declined comment on the matter further, saying “the letter will speak on its own.”

Rao’s e-mail stated the agreements were intended to protect the privacy of his family in his home.

While serving as CMU president, Rao required all office employees to sign a similar confidentiality agreement stating all names, places, dates or incidents that happened in his office were not to be shared with anyone or discussed outside the office.

“I understand that the information and all files, letters, projects, telephone calls and anything relating to the work performed in the President’s Office and in my capacity as an employee is highly confidential,” stated the agreement, which was obtained through a Freedom of Information Act request. “I understand that it may not be discussed with anyone outside this office who does not have a need to know, which includes any other CMU employee, as well as my family members, friends, etc.”

The CMU confidentiality agreement extended past any employee’s tenure at CMU, stating that the contract must not be broken past the term of employment. If an employee were to break the confidentiality agreement past employment, possible consequences included personal liability and potential lawsuits.

CMU General Counsel Manuel Rupe said current University President George Ross does not require employees, except a working housekeeper, to sign any confidentiality agreements. Instead, he said it is simply expected that employees will not disclose the university’s confidential information.

“In my experience, the expectation that employees who have access to confidential information will respect the confidential nature of such information is commonplace in higher education, regardless of whether or not a written agreement exists,” he said via e-mail.

Rupe was appointed as general counsel in June 2009 and did not work with Rao and was unsure as to whether or not past university presidents have mandated confidentiality agreements.

“This agreement was instated because the employee may have access while in the residence to confidential information regarding the university or the president’s family, such as bank statements, protected health information, and similar private information,” Rupe said.