51吃瓜网视频

Policy 8.1.1

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SUBJECT: THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

The Family Educational Rights and Privacy Act of 1974
(The Buckley Amendment) - Student Records (statute 20 U.S.C. 1232(g) regulation 34 CFR Part §99)

In compliance with the Family Educational Rights and Privacy Act of 1974, the following constitutes the university's policy which informs students of their rights under the act. It instructs the student in the procedures available to provide appropriate access to personal records, while protecting their confidentiality. Annual notification is made in the university catalog and student handbook of the right to control the release of information; right to inspect and review education records; right to amend education records; right to waive personal access to records; and the right to file a complaint with the U.S. Department of Education.

1. Certain definitions and principles contained in the law and proposed guidelines are specifically adopted in the policy under Subpart A §99.3 of FERPA:
   1. "Student" is defined as one who has attended or is attending 51吃瓜网视频 Baptist University and whose records are in the files of the university. Attendance includes all methods of course delivery including, but not limited to, face-to-face, on-line, interactive television or other electronic or telecommunication technologies.
   2. "Educational Records" are records which are directly related to a student and are maintained by the university or by a party acting on its behalf. Educational records do not include files retained by individuals which are not accessible to any other person except a substitute faculty/staff member. Also, campus health and law enforcement files used solely for that purpose are not educational records.
   3. "Directory information," the notice of which will be found in the university catalog or student handbook, includes name; address; electronic mail address; phone; date and place of birth; photograph; degree program major, minor, or specialization; dates of attendance; term dates, admission or enrollment status; campus; school; class standing (year); degrees and awards; activities; athletic information; and other similar information.
   4. "Record" means any information or date recorded in any medium, including but not limited to: handwriting, print, tapes, film, microfilm, microfiche, and electronic data storage.
2. Directory information shall be released freely unless the student files a written request that certain directory information not be released. Request forms (attachment A) are available at the Office of the University Registrar and must be completed in full and filed with the Office of the University Registrar within ten (10) days of the beginning of any academic term during which the student is enrolled. The request to restrict the release of directory information shall be in effect for the remainder of that academic term. Additional requests must be filed for subsequent terms.
3. All students have records in one or more of the following offices and maintained by the administrative officer listed in parentheses: Office of Admissions (director of admissions); Office of Alumni Relations (director of alumni relations); Business Office (chief financial officer); Office of BAS/BCM Records (director of BAS/BCM records); Offices of Deans and Faculty; Office of Financial Aid (director of financial aid); Office of Graduate Studies (director of graduate studies); University Health Services, (director of health services); Office of Institutional Research and Effectiveness (director of institutional effectiveness); Office of Communications, (director of communications); Office of Counseling and Placement, (director of counseling, career and disability services); Office of the University Registrar, (university registrar); 51吃瓜网视频 Police Department (chief of police),; Office of Sports Information, (sports information); Office of Student Financial Accounts, (coordinator of student financial accounts); Office of Student Services, (executive director of student services); Office of Student Housing, (executive director of student services).
4. The privacy of all records may be broken at a time of emergency defined in terms of the following considerations under Subpart D §99.36.
   1. The seriousness of the threat to health or safety
   2. The need for access to the record in meeting the emergency
   3. Whether the person requesting the records is in a position to deal with the emergency
   4. The extent to which time is of the essence in dealing with the emergency
5. Limitations exist on students' rights to inspect and review their education records. The institution is not required to permit students to inspect and review the following under Subpart B §99.12
   1. Financial information submitted by parents
   2. Confidential letters and recommendations placed in their files prior to January 1, 1975, provided these letters were collected under established policies of confidentiality and were used only for the purposes for which [they were] specifically collected.
   3. Confidential letters and statements of recommendation, placed in the records after January 1, 1975, to which the student waived his or her right to inspect and review and that are related to the student's admission, application for employment or job placement, or receipt of honors.
   4. Education records containing information about more than one student; however, in such cases the institution must permit access to that part of the record which pertains only to the acquiring student.
6. To ensure the validity and confidentiality of references prepared at the student's respective campus, certain documents may carry waivers (attachment B), signed by the student relinquishing the right of access to the document. Waivers cannot be required and can only be used for the specific purposes of application for admission, candidacy for honor or honorary recognition (including financial aid based at least in part on merit), and candidacy for employment. The student shall be told, upon request, the names of those supplying references. All items in the academic record not covered by waivers are open to the student. Material not covered by waivers may not be protected by keeping it out of the student's file.
7. Personally identifiable information may be disclosed without consent to school officials whom the university has determined has legitimate educational interests under Subpart D §99.31.
   1. A school official is a person employed by the university in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the university has contracted services, such as, but not limited to consultants, volunteers and other parties used for outsourcing of services or functions. School officials are given access only to the information that allows them to complete their tasks with legitimate educational interest.
   2. Academic documents inaccessible to students are to be used only for the purpose for which they were prepared.
8. The university has established the following procedures enabling the student to have access to his or her record and has provided for interpretation and challenge under Subpart D §99.21:
   1. The student may see his or her record by filling out a request form (attachment C) available at the office where the record is maintained.
   2. Access is to be granted promptly and no later than forty five days from the date of request.
   3. The student may obtain copies of certain documents upon request that are not limited by academic policy as found in transfer credit section of the academic catalog. The university reserves the right to charge up to $5.00 for copies for information. Not all documents may be released, (i.e., other schools transcripts, information which was waived, etc.).
   4. The student may request and receive interpretation of his or her record from the person (or designee) responsible for the maintenance of the record.
   5. If the student considers the record faulty and the university refuses to amend such records, he or she can request and receive a hearing of the case to the end that the record will be corrected if judged faulty or in violation of privacy.
      
      The student may request a hearing by obtaining a request form (attachment D) from the office affected. The request must designate the location of the record and a brief explanation of the reason for faulting the record. The student and the keeper of the record will select a person who does not have a direct interest in the outcome to conduct the hearing. The hearing shall be held within a reasonable period of time; notice of the date, place, and time must be given reasonably in advance. The student shall be afforded a full and fair opportunity to present relevant evidence and may be assisted or represented by any person of his or her choosing (including an attorney at his or her own expense). A written decision, based solely upon the evidence presented, shall be prepared and given to the student within a reasonable amount of time and shall include a summary of evidence and reasons for the decision. The judgment of the hearing officer shall be final, and the record shall be changed or retained as recommended. If the university decides the information is accurate, the student must be informed of the right to place in the education records, a statement commenting on the information in those records and/or noting any reasons for disagreeing with the decision. Any statement of this sort shall be maintained as long as the student's educational record (or contested portion) is maintained. Further, if the education records (or portion) are disclosed to any party, the explanation must also be disclosed to that party.
      
      Without going through the hearing process, a student may insert a letter of explanation into his or her records, provided that the institution and the student are clearly in agreement that an explanatory statement alone is the appropriate remedy Subpart C §99.20, §99.21, §99.22.
      
      The student may file an official complaint of noncompliance of the Family Educational Rights and Privacy Act to the Family Policy and Regulations Office, U.S. Department of Education.
9. Normally, records can be released to third parties (i.e., anyone not a member of the faculty and staff) only at the written request of the student.
   1. Without the consent of the student, releases to third parties may be given only as follows: Subpart D §99.31
      1. To parents of students who are dependents as defined by IRS standards
      2. To federal officers as prescribed by law
      3. As required by state law
      4. In connection with financial aid which the student has applied for or received. This information from the education records of the student may be disclosed only as may be necessary to help determine the eligibility of the student for financial aid, the amount of financial aid, and the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of financial aid.
      5. To research projects on behalf of educational agencies for test norms, improving instruction, etc. (provided that the agencies guarantee no personal identification of students)
      6. To accrediting agencies carrying out their functions.
      7. In response to a judicial order or lawfully issued subpoena (provided that the student is notified prior to compliance or provided that a reasonable attempt to notify the student has been made)
      8. To officials of another school in which a student seeks to enroll provided that a reasonable attempt to notify the student of the transfer or release of information has been made This notification shall be sent to the last known address of the student. Such notification is not required when the student initiates the release of information by written request.
      9. To the victim of an alleged crime of violence. This is limited to the results of the disciplinary proceeding brought against a student accused of the crime. This disclosure is limited to the alleged victim, who may not disclose the information to the public generally.
      10. Persons in an emergency, if the knowledge of information is necessary to protect the health and safety of the student or others.
      11. Representatives of the Immigration and Customs Enforcement in conjunction with the International Student Exchange Visitor Program.
      12. Parents of students under the age of 21 regarding violation of any law, at any level, or institutional policy or role governing the use of alcohol or a controlled substance. Disclosure does not supersede any state or federal law that prohibits the disclosure of this information.
      13. The public, regarding the final results of an institutional disciplinary proceeding, as long as the student has been determined to be an alleged perpetrator of a crime of violence or non-forcible sex offense.
      14. The public, regarding the final results of an institutional disciplinary proceeding, as long as the student has been determined to be an alleged perpetrator of a crime of violence or non-forcible sex offense.
   2. A student may secure from the office where the record is maintained, consent form (attachment E) authorizing the release of specified records to specific individuals.
   3. An access record of releases made to third parties (attachment F or attachment G) must be kept in the student's record. This record must include the identity of the party or parties who have requested and/or obtained information and a statement concerning the legitimate interest these parties had. This record is open only to the student and the person in charge of the record Subpart D §99.32.
   4. The third party must be informed that no further release of personally identifiable data is authorized without the written consent of the student
   5. Nothing in this policy requires the continued maintenance of any student record. However, if under the terms of this policy a student has requested access to the record, no destruction of the record shall be made before access has been granted to the student. Persons in charge of records should ensure that only pertinent items are retained in student files.

   This policy was reviewed by Guenther, Jordan, Price, PC, Attorneys at Law

   Contact for Interpretation: Vice President of Academic Affairs

   This policy statement supersedes all previous policy statements on this subject.

   
   
   Revisions:
   

   -   08/14/2017 - Title changes         
   

   -   08/09/2011 - Addition of Attachment G
   

   -   11/19/2009 - Update federal changes
   

   -   04/24/2007 - Attorney listing updated  
   

   -   04/11/2007 - Review, updated new federal policies; attachment E update
   

   -   07/28/2005 - Updated new versions of attachments
   

   -   07/15/2004 - Title changes
   

   -   06/01/2002 - Updated with federal policy and section numbers; changed to policy 8.1.1
   

   -   08/19/1997 - Review
   

   -   03/11/1993 - Inception of policy 8.2.1
   

    

   Printable Policy 8.1.1
   Attachment A
   Attachment B
   Attachment C
   Attachment D
   Attachment E
   Attachment F
   Attachment G

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