SUBJECT: FERPA POLICY
APPLICABILITY: TOTAL UNIVERSITY
1. INTRODUCTION/PURPOSE
The University of North Texas
("University") is required to follow the Family Educational
Rights and Privacy Act of 1974 ("FERPA"), as amended. The
purpose of FERPA is to afford certain rights to students concerning their
educational records. In essence, FERPA grants students the right to
inspect and review their educational records, to seek to have their
records amended and to have limited control over the disclosure of
information contained in the records. The purpose of this policy is to
delineate the procedures established by the University for complying with
FERPA.
2. DEFINITIONS
For the purpose of this policy, the University of
North Texas uses the following definitions and terms:
Student – any person who attends or has attended
the University of North Texas for whom the University maintains an
educational record. For purposes of this policy, a person who has been
accepted for admission is considered a student, unless he/she does not
attend the university in the semester for which he/she is accepted.
Education records – any record (in
handwriting, print, tapes, film, or other medium) maintained by the
University of North Texas or an agent of the University which is directly
related to a student, except:
- A
personal record kept by a staff member if it is kept in the sole
possession of the maker of the records, used only as a memory aid, and
is not accessible or revealed to any other person except a temporary
substitute for the maker of the record.
- An
employment record of an individual whose employment is not contingent
on the fact that he or she is a student, provided the record is used
only in relation to the individual’s employment.
- Records
maintained by the University of North Texas Campus Police if the
record is maintained solely for law enforcement purposes, is revealed
only to law enforcement agencies of the same jurisdiction, and the
Campus Police does not have access to education records maintained by
the University.
- Records
maintained by the Health Clinic if the records are used only for
treatment of a student and made available only to those persons
providing the treatment.
- Alumni
records which contain information about a student after he or she is
no longer in attendance at the University and which do not relate to
the person as a student.
3. NOTIFICATION OF FERPA RIGHTS
Students will be notified of their FERPA rights by
publication in the Schedule of Classes or on the official University
internet web site.
4. PROCEDURE TO INSPECT EDUCATION RECORDS
Students may inspect and review their education
records upon request to the appropriate record custodian.
Students should submit to the record custodian or an
appropriate University staff person a written request which identifies as
precisely as possible the record or records he or she wishes to inspect.
The record custodian or an appropriate University
staff person will make the needed arrangements for access as promptly as
possible and notify the student of the time and place where the records
may be inspected. Access must be given no later than forty-five (45) days
from the date the request is received.
When a record contains information about more than
one student, the student may inspect and review only the records which
relate to him/her.
5. RIGHT OF THE UNIVERSITY TO REFUSE ACCESS
The University reserves the right to deny access to
inspect the following records:
- The
financial statement of the student’s parents;
- Letters
and statements of recommendation for which the student has waived his
or her right of access, or which were placed in file before January 1,
1975;
- Records
connected with an application to attend the University of North Texas
or a component unit of the University of North Texas if that
application was denied; and
- Those
records which are excluded from the FERPA definition of education
records.
6. REFUSAL TO PROVIDE COPIES
The University reserves the right to deny official
transcripts or copies of records not required to be made available by
FERPA or the Texas Public Information Act in any of the following
situations:
- The
student has an unpaid financial obligation to the University; or
- There
is an unresolved disciplinary action against a student.
7. FEES FOR COPIES OF RECORDS
The fee for copies of education records will be
determined in accordance with the University Public Information Policy.
8. DISCLOSURE OF EDUCATION RECORDS
The University may disclose information from a
student’s education records only with the written consent of the
student, except:
1.
To school officials who have a legitimate educational interest in
the records. A school
official is:
(a)
A person employed by the University in an administrative, supervisory,
academic or research, or support staff position.
(i) A person
appointed to the Board of Regents.
(ii) A person employed or retained by or
under contract to the University to perform a special task, including
but not limited to representing the University or its employees or
conducting an official audit.
(iii) A student serving on an official
committee such as a disciplinary or grievance committee, or assisting
another school official in performing his/her tasks.
(b) A school official has a legitimate
educational interest if the official is:
(i) Performing a
task that is specified in his or her position description or
responsibilities designated by a contract agreement or state law.
(ii) Performing a task related to a
student’s education.
(iii) Performing a task related to the
discipline of a student.
2.
To officials of another school, upon request, in which a student
seeks or intends to enroll.
3.
To certain officials of the U.S. Department of Education, the
Comptroller General, and state and local educational authorities, in
connection with an audit, authorized representatives of the U.S. Attorney
General for law enforcement purposes or certain state or federally
supported education programs.
4.
In connection with a student’s request for or receipt of
financial aid, as necessary to determine the eligibility, amount or
conditions of the financial aid, or to enforce the terms and conditions of
the aid.
5.
If required by state law requiring disclosure that was adopted
before November 19, 1974.
6.
To organizations conducting certain studies for on behalf of the
University.
7.
To accrediting organizations to carry out their functions.
8.
To parents of an eligible student who claim the student as a
dependent for income tax purposes.
9.
To comply with a judicial order or a lawfully issued subpoena.
10.
To appropriate parties in a health or safety emergency.
11.
To an alleged victim of any crime of violence, the results of any
institutional disciplinary proceeding against the alleged perpetrator of
that crime with respect to that crime.
12.
To release information designated as directory information by the
University; unless student has requested such directory information be
withheld.
13.
To a victim of an alleged perpetrator of a crime of violence or
nonforcible sex offense if the institution determines as a result of a
disciplinary hearing that the student committed a crime of violence in
violation of university rules or policy or state or federal law, as
authorized by state law
14.
To a parent or legal guardian of a student, information regarding
any violation of university policy, or state, federal or local law,
governing the use or possession of alcohol or a controlled substance if
the student is under the age of 21 at the time of the disclosure and it is
determined that he/she committed a disciplinary infraction, as authorized
by state law.
15.
To a court in which the university is defending itself against
legal action initiated by a parent or eligible student.
9. RECORDS OF REQUESTS FOR DISCLOSURE
The University will maintain a record of all requests
for and/or disclosure of information from a student’s education records,
and will be maintained as long as the education record is maintained. The
record will indicate the name of the party making the request, any
additional party to whom it may be disclosed, and the legitimate interest
the party had in requesting or obtaining the information. The record may
be reviewed by the parents or eligible student.
It is not necessary to maintain a record of the
request for information if it was made to or the request was from: the
student; a school official as defined in this policy; a party with written
consent from the student; a party seeking directory information; or a
party with a law enforcement subpoena or court order which specifies that
the existence or contents of the subpoena or court order not be disclosed.
10. DIRECTORY INFORMATION
The University has designated the following items as
directory information: student name, address, university assigned e-mail
address, telephone number, date and place of birth, major field of study,
classification, participation in officially recognized activities and
sports, weight and height of members of athletic teams, dates of
attendance, enrollment status (e.g., undergraduate or graduate; full-time
or part-time), degrees and awards received, most recent previous school
attended and photograph. The University may disclose any of those items
without prior written consent, unless notified in writing to the contrary
by the twelfth class day in the fall or spring semesters, by the second
class day of the May mini mester, and by the fourth class day of
either summer term by signing a request form in the
Registrar’s Office. Individuals
who have been admitted to but have not yet attended the University will be
given the opportunity to restrict disclosure of directory information in
accordance with the timeframe set out in this policy. This provision does
not apply to individuals who are admitted to but do not attend the
University in the semester for which they are admitted.
11. CORRECTION OF EDUCATION RECORDS
Students have the right to ask to have records
corrected that they believe are inaccurate, misleading, or in violation of
their privacy rights. This procedure does not apply to routine grade
appeals. Grade appeal procedures are outlined in the student handbook. The
following procedures apply to the correction of education records other
than grade appeals:
- The
request to correct a record must be submitted to the Office of the
Vice Chancellor and General Counsel. The request must identify the
part of the record the student wants changed and specify why he/she
believes the information in the record is inaccurate, misleading or in
violation of his or her privacy or other rights.
- The
University may decide to grant or deny the request. If granted, the
appropriate records will be amended. If the request is denied, the
University will notify the student of the decision and advise him/her
of his/her right to a hearing to challenge the information believed to
be inaccurate, misleading or in violation of the student’s rights.
- Upon
request, the University will arrange for a hearing, and notify the
student, reasonably in advance, of the date, place, and time of the
hearing.
- The
hearing will be conducted by a hearing officer who is a disinterested
party; however, the hearing officer may be an official of the
institution. The student shall be afforded a full and fair opportunity
to present evidence relevant to the issues raised in the original
request to amend the education records. The student may be assisted or
represented by one or more individuals of his or her choice, including
an attorney.
- The
University will prepare a written decision based solely on the
evidence presented at the hearing. The decision will include a summary
of the evidence presented and the reasons for the decision.
- If
the University of North Texas decides that the challenged information
is not inaccurate, misleading or in violation of the student’s right
of privacy, it will notify the student that he/she has a right to
place in the record a statement commenting on the challenged
information and/or a statement setting forth reasons for disagreeing
with the decision.
- The
statement will be maintained as part of the student’s education
records as long as the challenged information is maintained. If the
University discloses the challenged information in the record, it must
also disclose the statement.
- If
the University decides that the information is inaccurate, misleading,
or in violation of the student’s right of privacy, it will amend the
record and notify the student, in writing, that the record has been
amended.
12. RIGHT TO FILE A COMPLAINT
Students have the right to file a complaint with the
U.S. Department of Education concerning alleged failures by the University
to comply with the requirements of FERPA within 180 days of the alleged
violation. The complaint may be filed with the office responsible for
administering FERPA and may be sent to:
Family Policy Compliance
Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
If an educational institution fails to comply with
the law, the Secretary of the Department of Education may:
1.
Withhold further payments under any applicable program to the
institution.
2.
Issue a complaint to compel compliance through a cease-and-desist
order, or
3.
Terminate eligibility to receive funding under any applicable
program.
TYPES, LOCATIONS, AND CUSTODIANS OF EDUCATION RECORDS
Type of
Records: Admission (after enrollment)
Location:
Registrar’s Office
Eagle
Student Services Center, Room 209
Custodian: Registrar
Type of Records: Health
Location: Student Health Center
Avenue C
and Chestnut
Custodian: Director, University Student Health and Wellness Center
Type of Records: Financial
Location: Bursar’s Office
Eagle
Student Services Center, Room 105
Custodian:
Bursar
Type of
Records: Disciplinary
Location: Center for Student Rights and Responsibilities
Union
Building, Room 324
Custodian: Assistant Vice President for Student Development
Type of Records:
Student Academic Records
Location: Eagle Student Service Center, Room 209
Custodian: Assistant Registrar
Type of Records: Employment Credentials
Location: Career Opportunities Center
Union
Building, Room 320
Custodian: Director of Career Opportunities Center
Type of Records: Progress
Location: Dean’s Office
At each
College or Department
Custodian: Dean
Type of Records: Miscellaneous
Location: The appropriate official will collect such records, direct the
student to their location, or otherwise make them available for
inspection
and review.
Custodian: The University staff person who maintains such occasional
systems
records.
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