Operating Procedures - Part 6: Administrative Policies- Part 15

15. Requests for Access to Records

15.1 The Family Educational Rights and Privacy Act (FERPA).

The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Sec.1232g, and the Texas Open Records Act, Texas Government Code Sec. 552.001 et seq., are respectively a federal and state law that provide for the review and disclosure of student educational records. In accordance with these laws The University has adopted the following policy. Individuals are informed of their rights under these laws through this policy which is included in The University Handbook of Operating Procedures and Catalog. The Catalog will be made available for inspection through the Vice President for Student Services' office and the Handbook of Operating Procedures is available in The University Library and most administrative offices.

15.11 Release of Information

15.111 The University will not permit access to or the release of personally identifiable information contained in student education records without the written consent of the student to any party, except as follows:

15.1111 to appropriate University officials who require access to education records in order to perform their legitimate education duties;

15.1112 to officials of other schools in which the student seeks or intends to enroll, upon request of these officials, and upon the condition that the student be notified and receive a copy of the record if desired;

15.1113 to federal, state, or local officials or agencies authorized by law;

15.1114 in connection with a student's application for, or receipt of, financial aid;

15.1115 to accrediting organizations or organizations conducting educational studies, provided that these organizations do not release personally identifiable data and destroy such data when it is no longer needed for the purpose it was obtained;

15.1116 to the parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954, provided a reasonable effort is made to notify the student in advance;

15.1117 in compliance with a judicial order or subpoena, provided a reasonable effort is made to notify the student in advance unless such subpoena specifically directs the institution not to disclose the existence of a subpoena;

15.1118 in an emergency situation if the information is necessary to protect the health or safety of the students of other persons; or

15.1119 to an alleged victim of any crime of violence, the results of the alleged perpetrator's disciplinary proceeding may be released.

15.112 The University will release information in student education records to appropriate University officials as indicated in (1) above when such records are needed by administrators, faculty, or staff in furtherance of the educational or business purposes of the student or University.

15.113 A record of requests for disclosure and such disclosure of personally identifiable information from student education records shall be maintained by the Registrar for each student and will also be made available for inspection pursuant to this policy. If the institution discovers that a third party who has received student records from the institution has released or failed to destroy such records in violation of this policy, it will prohibit access to education records for five (5) years. Respective records no longer subject to audit nor presently under request for access may be purged according to regular schedules.

15.114 Directory Information

At its discretion, The University may release Directory Information which shall include:

15.1141 name, address, telephone number

15.1142 name and place of birth

15.1143 major field of study

15.1144 participation in officially recognized activities and sports

15.1145 dates of attendance

15.1146 most recent previous education institution attended

15.1147 classification

15.1148 degrees and awards

15.1149 date of graduation

15.11410 physical factors (height and weight) of athletes

15.11411 class schedules

Students may have any or all Directory Information withheld by notifying the Office of the Registrar in writing each semester during the first 12 days of class of a fall or spring semester, the first 4 class days of a summer semester, or the first three day of any quarter. Request for non-disclosure will be honored by the institution for only the current enrollment period; therefore, a request to withhold Director Information may be filed each semester or term in the Office of the Registrar.

15.115 Access to File

Upon written request, The University shall provide a student with access to his or her educational records. The Vice President for Student Services has been designated by the institution to coordinate the inspection and review procedures for student education records, which include admissions files and academic files. The Vice President for Business Affairs has been designated by the institution to coordinate the inspection and review procedures for student financial files. Students wishing to review their education records must make written requests to the Vice President for Student Services listing the item or items of interest. Students wishing to review their financial files must make written requests to Vice President for Business Affairs listing the item or items of interest. Education records covered by the Act will be made available within 45 days of the request.

A list of education records and those officials responsible for the records shall be maintained at the Registrar's Office. This list includes:

15.1151 Academic Records

15.11511 Registrar's Office(Admissions/Registrar): Registrar
15.11512 College, Division, Department and Faculty Offices

15.1152 Student Services Records

15.11521 Student Activities Office: Director of Student Activities
15.11522 Student Services: Vice President for Student Services

15.1153 Financial Records

15.11531 Business Office: Vice President for Business Affairs
15.11532 Financial Aid Office: Director of Financial Aid

Educational records do not include:

15.1154 financial records of student's parents or guardian;

15.1155 confidential letters of recommendation which were placed in the educational records of a student prior to January 1, 1975;

15.1156 records of instructional, administrative, and educational personnel which are kept in the sole possession of the maker and are not accessible or revealed to any other individual except a temporary substitute for the maker;

15.1157 records of law enforcement units;

15.1158 employment records related exclusively to an individual's employment capacity;

15.1159 medical and psychological records;

15.11510 thesis or research papers; or

15.11511 records that only contain information about an individual after the individual is no longer a student at the institution

15.116 Challenge to RecordStudents may challenge the accuracy of their educational records. Students who believe that their education records contain information that is inaccurate or misleading, or is otherwise in violation of their privacy may discuss their problems informally with the Registrar. If agreement is reached with respect to the student's request, the appropriate records will be amended. If not, the student will be notified within reasonable period of time that the records will not be amended, and they will be informed by the Vice President for Student Services of their right to a formal hearing.

Student requests for a formal hearing must be made in writing to the Vice President for Student Services who, within a reasonable period of time after receiving such requests, will inform students of the date, place and the time of the hearing. Students may present evidence relevant to the issues raised and may be assisted or represented at the hearings by one or more persons of their choice, including attorneys, at the student's expense. The hearing officer that will adjudicate such challenges will be appointed by the Vice President for Student Services in non-academic matters and by the Vice President for Academic Affairs in academic matters.

Decisions of the hearing officer will be final, will be based solely on the evidence presented at the hearing, will consist of the written statements summarizing the evidence and stating the reasons for the decisions, and will be delivered to all parties concerned.

The education records will be corrected or amended in accordance with the decision of the hearing officer, if the decision is in favor of the student. If the decision is unsatisfactory to the student, the student may place with the education records statements commenting on the information in the records or statements setting forth any reasons for disagreeing with the decision of the hearing officer, or both.
The statements will be placed in the education records, maintained as part of the student's records, and released whenever the records in question are disclosed.

Students who believe that the adjudications of their challenges were unfair or not in keeping with the provisions of the Act may request in writing, assistance from the President of the institution.

15.117 Copies

Students may have copies of their educational records and this policy. These copies will be made at the student's expense at rates authorized in the Texas Open Records Act except that official transcripts will be $5.00. Official copies of academic records or transcripts will not be released for students who have a delinquent financial obligation or financial "hold" at The University.

15.118 Complaints

Complaints regarding alleged failures to comply with the provisions of the FERPA may be submitted in writing to the Family Policy Compliance Office, U. S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-4605.

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