Reviewing Student Records The Family Educational Rights and Privacy Act of 1974 (FERPA), provides students with the right to inspect and review information contained in their education records and to challenge the contents of those records. Family EducationalRights & Privacy ActFERPAPoliciesConfidentiality ofStudent Records Overview The Family Educational Rights and Privacy Act of 1974 (FERPA) guarantees students certain rights: to inspect and review their education records; to amend their education record; to have some control over disclosure of information from their educational record. Student Rights Under FERPA The Act provides students with the right to inspect and review information contained in their education records, to challenge the contents of those records which students consider to be inaccurate, misleading, or otherwise in violation of their privacy or other rights, to have a hearing if the outcome of the challenge is unsatisfactory, and to submit explanatory statements for inclusion in their records if the decision of a hearing officer or panel is unacceptable. Directory Information Directory Information is information that may be disclosed to a third party without the student’s permission. Regis University has designated the following as Directory Information: Name, address, telephone number, e-mail address, dates of attendance, class level. Photographs Previous institution(s) attended, major/ minor field of study, awards, honors, degree(s) conferred. Past and present participation in officially recognized sports and activities, physical factors of athletes (height and weight), date and place of birth. The penalty for non-compliance could be the loss of federal financial aid funds. Instructions on granting parent/spouse rights to transcript and schedule information. Faculty, staff and students are encouraged to download Regis University's brochure, FERPA, for more information. Family Educational Rights and Privacy Act The Family Educational Rights and Privacy Act of 1974, as amended (the "Act"), is a federal law which requires that (a) a written institutional policy must be established and (b) a statement of adopted procedures covering the privacy rights of students must be made available. Regis University shall maintain the confidentiality of Education Records in accordance with the provisions of the Act and shall accord all the rights under the Act to eligible students who are or have been in attendance at the University. Persons Protected The rights of privacy provided herein are accorded to all students who are or have been in attendance at Regis University. The rights do not extend to persons who have never been admitted to Regis University. A student who has been in attendance at one component of the University does not acquire rights with respect to another component of the University to which the student has not been admitted. A "component" is an organizational unit which has separately administered admissions and matriculation policies and separately maintains and administers Education Records. Rights of Inspection The Act provides students with the right to inspect and review information contained in their Education Records, to challenge the contents of those Records which students consider to be inaccurate, misleading, or otherwise in violation of their privacy or other rights, to have a hearing if the outcome of the challenge is unsatisfactory, and to submit explanatory statements for inclusion in their Records if the decision of a hearing officer or panel is unacceptable. The Registrar at Regis University has been assigned the responsibility to coordinate the inspection and review procedures for Education Records. Education Records: Definition The term "Education Records" encompasses all recorded information, regardless of medium, which is directly related to a student and which is maintained by Regis University. Education Records include, but are not limited to, admissions, personal, academic, certain personnel, financial aid, cooperative education, and placement records, and may also include appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community. Education Records do not include the following: Records of instructional, supervisory, and administrative personnel, and ancillary educational personnel which are in the sole possession of the maker and are not accessible or revealed to any other individual except a substitute who may temporarily perform the duties of the maker. Records of a law enforcement unit of the University which are maintained separate from Education Records, are maintained solely for law enforcement purposes, and are not disclosed to individuals other than law enforcement officers of the same jurisdiction, provided that Education Records of the University may not be disclosed to the law enforcement unit. Records relating to individuals who are employed by the University which are made and maintained in the normal course of business, relate exclusively to individuals in their capacity as employees and are not available for another purpose. Note: Employment records of persons who are employed solely as a consequence of college attendance, e.g., teaching/graduate assistants, work study students, student interns, are Education Records. Records created and maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional, acting or assisting in a professional capacity, such as student health records, to be used solely in connection with the provision of treatment to the student and not disclosed to anyone other than for treatment purposes, provided that records may be disclosed to a physician or professional of the student's choice. Note: Treatment in this context does not include remedial education activities or other activities which are part of the program of instruction at the University. Records of an institution which contain only information relating to a person after that person is no longer a student at the institution; e.g., accomplishments of alumni. Request for Review Students who desire to review their Education Records must present a written request to Enrollment Services - Registrar, listing the item or items to be reviewed. Only those Education Records subject to inspection under this policy will be available for review. The items requested which are subject to review shall be made available for review no later than 45 calendar days following receipt of a written request. Students have the right to a copy of an Education Record which is subject to review when failure to provide a copy of the Record would effectively prevent the student from inspecting and reviewing the Education Record, as determined in the reasonable discretion of the University. A copy of an Education Record otherwise subject to review may be refused if a "hold" for non payment of financial obligations exists. Copies shall be made at the student's expense. The fee for making copies of an Education Record is $1.00 per page and must be paid at the time copies are requested. Limitations on Student Rights There are some limitations on the rights of students to inspect Education Records. Students shall have no right of inspection or review of: Financial information submitted by their parents. Confidential letters and/or recommendations placed in the student's file prior to January 1, 1975, if such documents were intended to be confidential and are used only for the purpose(s) for which they were specifically intended. Confidential letters and/or recommendations placed in the student's file subsequent to January 1, 1975, associated with admissions, employment, or job placement or the receipt of an honor or honorary recognition if the student has voluntarily waived his/her right to inspect the confidential letters and/or recommendations in writing. Education Records containing information about more than one student. In such a case the University will permit access only to that part of the Education Record pertaining to the inquiring student. Waiver of Student Rights A student may waive any or all of his/her rights under this Policy. The University does not require waivers and no institutional service or benefit shall be denied a student who fails to supply a waiver. All waivers must be in writing and signed by the student. A student may waive his/her rights to inspect and review either individual documents (e.g., a letter of recommendation) or classes of documents (e.g. an admissions file). The items or documents to which a student has waived his/her right of access shall be used only for the purpose for which they were collected. If used for other purposes, the waiver shall be void and the documents may be inspected by the student. A student may revoke a waiver in writing, but by revoking it, the student does not regain the right to inspect and review documents collected while the waiver was validly in force. Consent Provisions No person outside of the University shall have access to, nor shall the University disclose any personally identifiable information from a student's Education Records without the written consent of the student. The consent must specify the Education Records to be disclosed, the purpose of the disclosure, the party or class of parties to whom disclosure may be made, and must be signed and dated by the student. A copy of the Education Record disclosed or to be disclosed shall be provided to the student upon request. There are exceptions to this consent requirement. The University reserves the right, as permitted by law, to disclose Education Records or components thereof without written consent to: "School officials" who have a "legitimate educational interest." "School officials" shall mean any person who is a trustee, officer, agent or employee of the University. "Legitimate educational interest" shall mean any authorized interest, or activity undertaken in the name of the University for which access to an Education Record is necessary or appropriate to the proper performance of the undertaking. It shall include, without limitation, access by a student's instructor, department or division head, dean, the chief academic and student affairs administrator, the president, a trustee, the Registrar, the alumni administrator, legal counsel, the financial aid administrator, administrators charged with maintaining Education Records, the staff and subordinates of the foregoing, and others authorized by the President, to the extent the foregoing persons are acting within the course and scope of their employment or authority. Officials of other educational agencies or institutions in which a student seeks to enroll. Officials of other educational agencies or institutions in which the student is currently enrolled. Persons or organizations providing student financial aid in order to determine the amount, eligibility, conditions of award, and to enforce the terms of the award. Accrediting organizations carrying out their accrediting functions. Authorized representatives of the Comptroller General of the United States, the Secretary of the U.S. Department of Education, and state or local educational authorities, only if the information is necessary for audit and evaluation of federal, state or locally supported programs and only if such agencies or authorities have a policy for protecting information received from redisclosure and for destroying such information when it is no longer needed for such purposes (unless access is authorized by federal law or student consent). State or local officials to whom disclosure is required by state statute adopted prior to November 19, 1974. Organizations conducting studies for or on behalf of educational agencies or institutions to develop, validate, and administer predictive tests, to administer student aid programs, or to improve instruction, so long as there is no further external disclosure of personally identifiable information and the information is destroyed when no longer necessary for the projects. Parents of a "dependent student" where the student's status as a dependent as defined in Section 152 of the Internal Revenue Code of 1954, as amended, has been established to the satisfaction of the University. Persons in order to comply with a judicial order or a lawfully issued subpoena, provided a reasonable effort is made to notify the student in advance of compliance. The Attorney General of the United States or his designee in response to an ex parte order, based on "specific and articulable facts" that the education records sought are relevant, in connection with the investigation or prosecution of terrorism crimes. Appropriate persons in a health or safety emergency if the information is necessary to protect the health or safety of the student or other individuals An alleged victim of any crime of violence (as that term is defined in section 16 of title 18, United States Code), but only the results of any disciplinary proceeding conducted by the University against the alleged perpetrator of such crime with respect to such crime. With respect to appropriate information concerning disciplinary action taken against a student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community, to teachers and school officials within the agency or institution who the agency or institution has determined have legitimate educational interests in the behavior of the student or to teachers and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student. To a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student's education records, if (A) the student is under the age of 21; and (B) the institution determines that the student has committed a disciplinary violation with respect to such use or possession. With respect to items 2 and 3, above, the student shall be entitled to receive a copy of any disclosed Education Record upon request. Institutional Record of Disclosure Regis University shall keep a written record of all Education Record disclosures and the student shall have the right to inspect such record. The record shall include the names of parties or agencies to whom disclosure is made, the legitimate reason for the disclosure, and the date of the disclosure. No record of disclosure shall be required for those disclosures made to a student for his/her own use, disclosures made with the written consent of a student, disclosures made to a University "official" with a "legitimate educational interest," disclosures of "Directory Information," or for disclosures to persons or parties identified in the section entitled "Consent Provisions," item 6, for purposes of auditing the University's record keeping practices. Records of disclosure prepared pursuant to this section or the following section shall be subject to review only by the student, the custodian and his/her/its staff, "school officials" as defined in the section titled "Consent Provisions," item 1, and federal, state or local government officials conducting audits of compliance by the University with the Act. Redisclosure of Student Record Any disclosure of Education Records authorized under this Policy (whether with or without student consent) shall be made on the conditions that the recipient shall not redisclose the Education Records without consent or authorization as required herein, and shall not permit or condone any unauthorized use. Authorization for redisclosure, without consent, for purposes and to persons and parties permitted by law, may be given to a person or party designated in the section titled "Consent Provisions," above, provided, such authorization must include a record of: The name of the person or party to whom redisclosures can be made. The legitimate interests which the additional person or party has for receiving the information and the purposes for which it may be used.Such redisclosures must be on the conditions set forth in the first paragraph of this section. Directory Information In its discretion, Regis University may disclose, publish, or provide Directory Information concerning a student without consent or a record of disclosure. Directory information shall include: a student’s name, address, e-mail address, telephone number, date and place of birth, class level, major/minor field of study, photographs, dates of attendance, degrees, honors and awards received, previous educational institution(s) attended by the student, past and present participation in officially recognized activities and sports, and weight and height of members of athletic teams. Students may withhold Directory Information by notifying Enrollment Services - Registrar in writing. All written requests for non-disclosure will be honored by the University for one (1) calendar year; therefore, authorization to withhold Directory Information must be filed annually. Challenge of Contents of Education Records Any student who believes that his/her Education Records contain information that is inaccurate or misleading or is otherwise in violation of his/her privacy or other rights may discuss his/her concerns informally with the University Registrar. If the student's request is deemed appropriate after review by the specified area/department, the Education Records shall be amended and the student shall be notified in writing of the amendment. If the decision is not in agreement, the student shall be notified within 30 calendar days that the Education Records will not be amended and the student shall be notified by the University Registrar of the student's right to a hearing. Student requests for a formal hearing must be made in writing within 15 calendar days after receipt of the notice from the University Registrar. Within 10 calendar days after receipt of the written request the Vice President for University Services shall notify the student of the date, time and place of the hearing which shall not be held sooner than 20 calendar days after issuance of said notice. The student shall be afforded a full and fair opportunity to present evidence relevant to the issue(s) raised. If the student desires, he/she may be assisted or represented at the hearing by one or more persons of his/her choice, including an attorney, at the student's expense. The hearing shall be conducted by a person (or persons) designated by the President who does not have a direct interest in the outcome of the hearing. The decision of the hearing officer or panel shall be final, shall be based solely on the evidence presented at the hearing, and shall be in writing, summarizing the evidence and stating the findings of fact and conclusions which support the decision. The written report shall be mailed to the student and any concerned party no later than thirty (30) calendar days after the date of the hearing. If the hearing officer or panel determines that the Education Records at issue are inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, the Education Records shall be amended in accordance with the decision and the student shall be so informed in writing. If the hearing officer or panel determines that the Education Records at issue are not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, the student may place in the Education Records a statement commenting on the information in the Education Records, or a statement setting forth any reasons for disagreeing with the decision of the hearing officer or panel. The statement shall be placed in the Education Records and shall be maintained as part of the Education Records so long as the Education Records are maintained and shall be disclosed whenever the Education Records in question are disclosed. Note: Rights of challenge cannot be used to question substantive educational judgments which are correctly recorded (e.g., course grades with which the student disagrees). Note: Rights of challenge cannot be used to question substantive educational judgements which are correctly recorded (e.g., course grades with which the student disagrees). A student who believes that the determination made concerning his/her challenge was unfair or not in keeping with the provisions of this Policy or the Act may request, in writing, assistance from the President of Regis University to aid him/her in filing a complaint with the Family Policy and Regulations Office, U.S. Department of Education, Washington, D.C. 20202. Destruction of Records Once a student has requested access to his/her Education Records, such Records shall not be destroyed until inspection and review have been provided or, if denied, until all complaint proceedings have been completed. Subject to the foregoing condition, the obligation to maintain student statements of clarification exists only so long as the underlying Education Records are maintained. Subject to other applicable laws, policies or regulations, the University reserves the right to dispose of Education Records when it deems appropriate. Student Records Regis University maintains an educational record for each student who is or has been enrolled at the University. In accordance with the Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, (hereafter the "Act") the following student rights are covered by the Act and afforded to all eligible students at Regis University: The right to inspect and review information contained in the student's educational records. The right to request amendment of the contents of the student's educational records if believed to be inaccurate, misleading or otherwise in violation of the student's privacy or other rights and the right to have a hearing concerning such amendment request. The right to prevent disclosure without consent, with certain exceptions, of personally identifiable information from the student's educational records. The right to secure a copy of the University's policy. The right to file complaints with the U.S. Department of Education, Family Policy Regulations Office concerning alleged failures by Regis University to comply with the provisions of the Act. Each of these rights, with any limitations or exceptions, is explained in the University's FERPA Policy Statement. The point of contact within the College/University for the exercise of all rights and the access to all information concerning student rights under the Act is the University Registrar. This specifically includes, but is not limited to, the procedure for amending a student’s educational records, the procedure for filing a complaint to determine accuracy of a students educational records, the procedure for filing a complaint with the U.S. Department of Education, and the policy for determining which individuals within the University are “school officials” and what constitutes a "legitimate educational interest.” Release of Directory Information The University may provide Directory Information in accordance with the provisions of the Act without the written consent of an eligible student, unless it is requested in writing that such information not be disclosed. The items listed are designated as Directory Information and may be released to any person for any purpose at the discretion of Regis University, unless a written request for nondisclosure is on file: Name, address, telephone number, e-mail address, dates of attendance, class. Photographs Previous institution(s) attended, major/minor field of study, awards, honors, degree(s) conferred. Past and present participation in officially recognized sports and activities, physical factors of athletes (height and weight), date and place of birth. Current eligible students may prohibit general disclosure of this Directory Information by notifying Enrollment Services in writing. Students can submit this request by completing the Restriction of Directory Information form. Situations involving restriction of Directory Information that are deemed as "extraordinary" by the student should be brought to the attention of the University Registrar. Regis University honors the request for one calendar year only. Therefore, the student must file the request on an annual basis. The student should carefully consider the consequences of any decision to withhold any category of Directory Information. Regardless of the effect upon a student, Regis University assumes no liability that may arise out of its compliance with a request that such information be withheld. It is assumed that the failure on the part of the student to request the withholding of Directory Information indicates the student's consent to disclosure. Any questions concerning the student's rights and responsibilities under the Family Educational Rights and Privacy Act should be referred to Enrollment Services.