The Family Educational Rights and Privacy Act of 1974 (FERPA), also known as the Buckley Amendment, gives students the right to: (1) inspect and review their educational records; (2) consent to release educational records to a third party; (3) request amendment of information believed to be incorrect that is included in the educational records; and, (4) be notified of their rights under FERPA. It is the policy of Saint Augustine's University to comply with the terms and conditions of FERPA.
FERPA requires that the University have procedures for allowing students to inspect and review their educational records. At Saint Augustine's University students should forward a written request to inspect and review their educational records to the Registrar. The Registrar shall direct the written request to the appropriate records custodian and within a reasonable period of time, but in no case longer than 45 days, the appropriate records custodian will provide the student with an opportunity to inspect and review the requested records, so long as the requested records are covered by and are not exempted under FERPA. Under FERPA, the term "educational record" means any record (in handwriting, print, tapes, film, computer, or other medium) directly related to a student and maintained by the University.
Among the notable exceptions to information that may be related to a student and maintained by the University but which is not defined as an educational record under FERPA are: personal records kept by faculty members and/or University officials for their own use; records made by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional used in connection with the treatment of the student; the records compiled and maintained by campus security for the purpose of law enforcement; certain employment records; and certain alumni records. Students do not have the right to inspect and review: the financial statement of the student's parents; letters of recommendation for which the student waived his or her right of access; records maintained before January 1, 1975; records related to an application to the University where the applicant was denied admission; and/or any other information excluded from FERPA's definition of educational record. The University may charge a fee for copying and is under no obligation to certify every record requested by or copied for a student.
According to the regulations found in FERPA, the University will disclose personally identifiable information contained in the student's educational records only with the written consent of the student. Consistent with regulations found in FERPA, a student's educational record may be disclosed, even in the absence of the student's express written consent, to University officials with legitimate educational interests: parents of students who are "dependent" as defined by the Internal Revenue Code; to court or law enforcement officials in compliance with a judicial order or lawfully issued subpoena; to accrediting organizations; to appropriate parties in a health or safety emergency; to officials conducting studies for the University or for federal, state, and local educational authorities who audit or regulate educational programs; to officials of another institution in which a student seeks to enroll; and to University officials including faculty, administrators, staff, trustees, members of the University's judicial bodies, including students, who have a "legitimate educational interests" in the educational record.
A University official has a legitimate educational interest if such official needs to review an educational record in order to fulfill his or her professional responsibility. Specifically a legitimate educational interest exists where a University official is: performing a task specified in his or her position at the University; performing a task related to the student's education; performing a task related to the discipline of a student; performing a service or benefit relating to the student or the student's family; or the official is maintaining the safety and security of the campus. The University may also disclose the results of any disciplinary proceeding against an alleged perpetrator of a violent crime to the alleged victim of that crime.
Additionally, the University may disclose without a student's consent certain "directory information" such as student's name, photograph, parent's name, address, telephone number, date and place of birth, major field of study, dates of attendance, degrees and/or awards received, participation in officially recognized activities, height and weight of members of athletic teams, and most recent educational institution attended. A student who objects to the disclosure of "directory information" must provide annual written notice to the Registrar within three weeks of the first day of Fall semester classes not to disclose any or all of the categories of directory information related to that student.
With the exception of grades, an instructor's procedure or judgment in awarding grades, students have the right to request an amendment of educational records that they believe are inaccurate, misleading, or otherwise in violation of their privacy rights. Students at the University who wish to request an amendment of information in their educational record that they believe is inaccurate, misleading, or in violation of their privacy rights must submit a written request to the Registrar. The Registrar will direct the written request to the University official responsible for the record in question. After reviewing the request, the appropriate University official shall, within a reasonable period of time, communicate to the student in writing the decision about whether the University will amend the record.
If the decision of the University official is not to amend the record a student has the right to appeal by writing to the Chief Academic Officer (Provost) requesting a hearing on the matter. The Provost will notify the student in writing of the time, place, and date of the hearing. The hearing officer will be an official of the University appointed by the Provost. The student shall have a full and fair opportunity to present evidence related to the educational record in question. Within a reasonable period of time following the hearing, the student will be notified in writing of the Provost's decision. If the Provost finds as a result of evidence presented at the hearing, that the educational record contains inaccurate, misleading information or that the record as presently constituted violates the privacy rights of the student, the University will amend the record. On the other hand, if the Provost decides after a review of the evidence presented at the hearing that the information in the student's record is not inaccurate, misleading, or in violation of privacy rights, the student has a right to include in his or her record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the Provost's decision. The student's statement will be maintained as part of the educational record and shall be disclosed whenever the University discloses the contested portion of the record.
The preceding review of rights and procedures is meant to inform students of the rights accorded to them by the Family Educational Rights and Privacy Act. Pursuant to §99 of the Code of Federal Regulations (CFR), students are provided with annual notification of their FERPA rights in the University's master schedule of classes for registration published each semester. For a full understanding of the terms, conditions, rights, and exceptions found in FERPA, students are encouraged to read the entire act which is found in 20 United States Code Annotated (USCA) §1232g et. seq. or §99 of the CFR.
Students who believe that their rights under FERPA have been violated by the University may file a written complaint to:
Director, Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue S.W.,
Washington, D.C. 20202-4605.
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