Dear Regis Community,
In response to requests from members of our community and consistent with our community values of honoring the sacred dignity of all individuals and defending the marginalized, we present this protocol about responding to informational inquiries about our students. It is especially important that, in this time of uncertainty around federal immigration policies, such as DACA, we understand how to respond to such potential inquiries, should ICE, law enforcement, or other third parties come to campus seeking information about our students. Regis will continue to follow any changes in federal policies related to our DACA/undocumented students, and we will continue to stand in solidarity with our immigrant community.
All faculty and staff at Regis University are required to abide by the Family Educational Rights and Privacy Act (FERPA), which is a federal law that protects the privacy of current and former student education records. In the higher education setting, student education records include any written or recorded information about students, including personally identifiable information, contact information, grades, medical records, student life records, and advising records.
This means that faculty and staff are generally not permitted, by law, to share information with third parties outside of the Regis University community. This prohibition includes communications with members of law enforcement, ICE or FBI agents absent the approval of the office of legal counsel. This includes any requests for student information made by subpoena, warrant, or pursuant to a release executed by a student or credentialed law enforcement asking for information.
The main point of this protocol is that faculty and staff are not expected to and should not attempt to determine if they can legally release student education records or directory information. Rather, faculty and staff who receive an oral or written request for student information must first obtain the assistance of Campus Safety (x4122), Legal Counsel (x5448) and/or the Office of Academic Records and Registration.
Below are some answers to frequently asked questions about how to respond to questions about students:
What should I do if I am approached by members of law enforcement, ICE or FBI agents anywhere on or off campus asking about a student?
What if I receive a Subpoena or Order to Appear in Court related to a student?
- Greet the officer/agent in a polite and courteous fashion
- Refer the officer/agent to Campus Safety. Campus Safety can be contacted at 303-458-4122
- Contact Campus Safety and make them aware of the referral to the office
- Please do not identify the student or provide any information or details about the student since the Office of Academic Records and Registration is specifically responsible for these requests
What information may I share with a third party asking for a reference about a student?
- Send the subpoena or order to the Office of Legal Counsel, Mail Code A-20, Main Hall Room 131; email@example.com
- Contact the Office of Legal Counsel 303-964-5448 and make them aware of the referral to the office
- Please do not respond to the subpoena or otherwise appear in court without first communicating and coordinating with the Office of Legal Counsel
What information does FERPA permit me to share about students?
- With a release from the current or former student, you can share information about the student
- If asked for information about the student by a third party, ask the third party to provide you with a release signed by the student to discuss the student. Please keep the release and contact Academic Records and Registration at 303-458-4126 for guidance, especially if you don't feel comfortable with the release
- To ensure there is not an inadvertent breach of a student's request for directory information confidentiality, no one should volunteer a student's contact information or identify a student on campus to an unknown third party - only the Office of Academic Records and Registration should share this information
Again, faculty and staff are not expected to and should not attempt to determine if they can legally release student education records or directory information. Rather, faculty and staff who receive an oral or written request for student information must first obtain the assistance of campus safety, legal counsel, and/or the Office of Academic Records and Registration, as enumerated above.
- Under FERPA, student education records can only be shared with other Regis University officials, including instructors, whom have legitimate educational interest in that information
- FERPA prohibits any faculty or staff member from providing any information orally that he or she could not provide in writing
- Absent an emergency or a waiver from the student, Regis faculty members and staff generally may not provide or discuss any student information with anyone who does not work for Regis University - including parents or members of law enforcement
- As permitted by FERPA, Regis University may disclose to third parties directory information about students which includes, among other things, a student's name, address, email address, phone number, class level, and major/minor field(s) of study. Students may elect to make their directory information confidential by completing this form and submitting it to Academic Records and Registration. Any student concerned with their privacy should be encouraged to restrict their directory information
- To ensure there is not an inadvertent breach of a student's request for directory information confidentiality, no one should volunteer a student's contact information or identity - only the Office of Academic Records may share this information
Thank you for your dedication and assistance in keeping our students and their information safe.
Erika Hollis, J.D., Vice President & General Counsel
Judi Diaz Bonacquisti, Associate Vice President
Director, Academic Records & FERPA
Lance Jones, Director of Campus Safety
Nicki Gonzales, Ph.D.
Vice Provost, Diversity & Inclusion
Director, Registration & FERPA Officer