Confidential Records

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Nature of Confidential Records. All personally identifiable information related to particular students used to make decisions about students or for transmittal to others outside the University other than public records as defined above is considered confidential information. This information includes but is not necessarily limited to: academic evaluations; general counseling and advising records; disciplinary records; financial aid records; letters of recommendation; medical or health records; clinical counseling and psychiatric records; transcripts, test scores, and other academic records; and cooperative work records.

Disclosure of Confidential Information to the Student-Right of Review. A currently or previously enrolled student has the right to inspect and review official records, files, and data directly related to the student as a student. Access will be provided in the presence of a staff member. This right does not extend to applicants, those denied admission, or those admitted who do not enroll. Where such information involves other students, the student is entitled to inspect or to be informed of that portion of the information which pertains to himself or herself only. Requests under FERPA of 1974 have been accepted since January 1, 1975 and are responded to within 45 days. Only in rare situations will the response period ever approach this limit. Offices may require that requests for access be submitted in writing, and may ask for, but not require, the reason for the request.

Definition of Official Records. For purposes of this section, the terms "official records, files, and data" include materials on students pertaining to their status as students held by any unit or department of the University which is intended for University use or is to be available to parties outside the University. It does not include:

  1. letters of recommendation or statements of reference for students obtained or prepared before January 1, 1975, pursuant to implied or expressed promises of confidentiality or letters of recommendation or statements of reference to which students have waived the right of access;
  2. employment records of students as University employees;
  3. campus law enforcement records held in the Campus Security Office;
  4. clinical, medical counseling, or psychiatric records (these records or copies thereof may be reviewed by a physician or other appropriate professional of the student's choice);
  5. financial records of the parents of the student or any information contained therein;
  6. private records kept by individual faculty or administrators possibly used as memory aids unless intended for transmittal to others;
  7. institutional records of students which may be maintained by the University in a computer printout or similar format (so long as this computerized information is not intended to be distributed outside the University), as long as the original source of computer information is available in the office or department having jurisdiction for the records.
  8. records which contain only information relating to a person after that person was no longer a student at the University; for example, information collected by the University pertaining to accomplishments of its alumni.

Right to Explanation. A student is entitled, upon reasonable request, to an explanation of any information contained in official records directly related to the student. The student has the opportunity for a hearing to challenge the content of such records to ensure that they are not inaccurate or misleading, or otherwise in violation of privacy or other rights; to correct or delete any such inaccurate, misleading, or otherwise inappropriate data; or to insert into the records a written explanation.

The substantive judgment of a faculty member about a student's work (grades or other evaluations of work assigned) is not within the scope of such hearings. A student may challenge the factual and objective elements of the content of students' records but not the qualitative and subjective elements of grading.

Hearing Procedure. The procedure to be followed should a student object to items included in his or her personal records is:

  1. the student should discuss the objection with the individual responsible for the office where the student record is maintained;
  2. if not satisfied, the student should discuss the objection with the individual to whom that person reports;
  3. if not satisfied, the student should discuss the objection with the appropriate vice president or designee;
  4. if not satisfied, the student should file a written request for a formal hearing with the Vice President for Student Life, Dougherty Hall, Room 202. The hearing will be conducted in accordance with the requirements of the Family Educational Rights and Privacy Act.

Waiver of Access. Students may be invited but not required to waive their right of access to confidential letters of recommendation for admission, honors or awards or career planning and placement. Students will suffer no prejudice in admission, financial aid, or other University services by reason of not executing the waiver. If the waiver is signed, the applicant may request a list of all persons making confidential recommendations or statements.

Disclosure of Confidential Information to Third Parties. Third parties do not have access to personally identifiable records or information pertaining to students as students without the written consent of the student specifying the records to be released and to whom the records are to be released. Excepted from this restriction are:

  1. University officials who require access on an internal need-to-know basis for legitimate educational purposes, such as academic, disciplinary, health, or safety matters; University officials may include, without limitation, the President, Vice-Presidents, Deans, Directors, Department Chairs, faculty members, general counsel, judicial officers, counselors, resident advisors, coaches, and admission officers;
  2. students in their official capacity as file clerks working in University offices;
  3. disclosure of appropriate academic records to officials of other educational institutions to which the student seeks or intends to enroll (on condition that the student, upon request, is entitled to a copy of such records) if the student previously directed that the record be sent;
  4. records released pursuant to judicial order (on condition that an effort is made to notify the student of the subpoena);
  5. records released in connection with the student's application for, or receipt of, financial aid;
  6. appropriate federal and state officials or authorities consistent with federal regulations;
  7. organizations conducting studies for, or on behalf of, educational agencies or institutions;
  8. accrediting organizations in order to carry out their accrediting functions;
  9. parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954;
  10. in the case of emergency, the University may release personal information to protect the health and safety of students.