§ 38-355 — Limitations; protections.

(a) The Ombudsman shall not:

(1) Disclose personally identifiable information regarding a student without the specific written consent of the student or parent, as required by federal and local law;

(2) Repealed.

(3) Disclose the identity of any person who brings a complaint or provides information to the Ombudsman without the person’s consent, unless the Ombudsman determines that disclosure is unavoidable or necessary to further the ends of an investigation;

(4) Have the authority to take any personnel action, except with regard to the employees of the Office of Ombudsman;

(4A) Examine or investigate any matter that would be under the jurisdiction of the Office of the Inspector General or the Office of District of Columbia Auditor;

(5) Examine the Executive Office of the Mayor, the Council or its personnel, the District of Columbia courts or its personnel, other elected officials, private schools, or private organizations or businesses; or

(6) Provide legal advice or legal representation.

(b) The Ombudsman shall not:

(1) Be compelled to testify in a legal or administrative proceeding regarding a current or past Office of Ombudsman examination or investigation or to release information, including documents or records, gathered during the course of an examination or investigation;

(2) Be held personally liable for the good faith performance of his or her responsibilities under this chapter, except that no immunity shall extend to criminal acts, or other acts that violate District or federal law; or

(3) Be subject to retaliatory action for the good faith performance of his or her responsibilities under this chapter.

Legislative History

June 12, 2007, D.C. Law 17-9, § 606, 54 DCR 4102; Apr. 27, 2013, D.C. Law 19-284, § 3(d), 60 DCR 2312; Feb. 22, 2014, D.C. Law 20-76, § 102(d), 61 DCR 39