6.11 Student Records

  •  6.11 Student Records

    The Family Educational Rights and Privacy Act (FERPA), a federal law, provides specific rights to students regarding the privacy of their educational records.  For example, FERPA requires that Capital University, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your education records.  However, the university may disclose appropriate designated “directory information” without written consent, unless you have followed university procedures to indicate that you not want this information disclosed.  The primary purpose of directory information is to allow the university to include this type of information from your education records in certain publications.  Examples include:

     

    • Convocation Programs
    • Graduation Programs
    • Website Listing

     

    Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without prior written consent.  Outside organizations include, but are not limited to, companies that manufacture class rings or photograph our composite.  If you do not want Capital University to disclose directory information from your education records without your prior written consent, you must notify the Office of Records and Registration in writing, on the form provided by the Office.  The Law School has designated the following information as directory information:

     

    • Name
    • Dates of attendance
    • Photograph
    • Degrees awarded

     

    Consistent with the federal FERPA, as amended, Capital University recognizes certain rights of eligible students and parents of dependent student’s educational records, as provided in this policy.

  • 6.11.01 Definitions

    A. Educational Records means any record maintained by the University which is directly related to an enrolled student, except:

    1. a personal record made by a University employee or agent which was made as a personal memory aid and is in the sole possession of the person who made it;

    2. a record relating solely to an individual as an alumnus/a after the individual no longer attends or participates in an education activity for which the University awards a grade or credit;

    3. medical and counseling records used solely for treatment, provided such records may be reviewed by a physician or other appropriate professional of the student’s choice;

    4. financial records of parents;

    5. confidential letters and statements of recommendation for admission, employment or other recognition for which students have voluntarily waived their right of access.

    B. Eligible Students means an individual who is or was enrolled as a student of the Law School and regarding whom the University maintains educational records. Applicants who are not admitted as students are not eligible students.

    C. Parents means the natural and adoptive parents of a students who are dependents under the Internal Revenue Code. When the parents of a dependent student are separated or divorced, the University will accord the rights under this policy to each parent unless provided with a court order or legally binding document revoking such rights.

    D. Legitimate Educational Interests means the demonstrated need to know by those officials of the University who act in the student’s educational interest, including faculty, administrators, clerical and professional employees, and other persons who manage student record information.

    E. Directory Information means information so designated by the Law School which reasonably would not be considered harmful or an invasion of privacy if disclosed, including a student’s name, photograph, programs of study, dates of attendance, and degrees. 
  • 6.11.02 Rights Of Eligible Students And Parents


     

    Eligible students and parents have a right:

    1. to inspect and review the student’s educational records maintained by the University within 45 days of the day the university receives a request for access. Students should submit to the office of records and registration written requests that identify the record(s) they wish to inspect.  The university official will make arrangements for access and notify the student of time and place where the records may be inspected.  If the records are not maintained by the official to whom the request was submitted, that official will advise the student of the correct official to whom the request should be addressed.   

      The University is not required to furnish copies of such records unless they are unreasonably difficult to inspect personally, in which case the University reserves the right to charge a reasonable fee for such copies.

       
    2. to request in writing that the University amend educational records believed to be inaccurate or misleading.

      Students  may ask the university amend a record that they believe is inaccurate or misleading.  They should write the university official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.

      If the university decides not to amend the record as requested by the student, the student or parent may request a review by the provost or appropriate vice president after which, if University still refuses, the student or parent has a right to place a statement in the student’s record commenting on the contested information. The right to challenge grades does not apply under this policy unless the assigned grade was inaccurately recorded.

       
    3. to consent to certain disclosures of personally identifiable information contained in the student’s educational records, except to the extent that FERPA authorizes disclosure without consent of certain information, including directory information.

      One exception, which permits disclosure without consent, is disclosure to university officials with legitimate educational interests.  A University official is defined as a person employed by the university in an administrative, supervisory, academic, or support staff position (including law enforcement unit and health staff); a person or company with whom the university has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another University official in performing his or her tasks.

      A University Official has a legitimate education interest if the official needs to review an education record in order to fulfill his or her professional responsibility

      Upon request, the University also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.

    4. to file a complaint 

      The student has a right to file a complaint with the US Department of Education concering alleged failures by the university to comply with the requirements of FERPA.  The name and address of the Office that administers FERPA is:

      Family Policy Compliance Office
      US Department of Education
      400 Maryland Avenue, SW
      Washington, DC  20202-4605
     


     

     

     

     

  • 6.11.03 General Rules Of Non-Disclosure; Exceptions


    A.        Generally the University must have written permission from an eligible student or parent before releasing personally identifiable information from a student’s educational record. However, the University may disclose without prior consent:
    B.         A student may request that the University not release directory information by completing and signing the appropriate form provided by the Office of the Registrar, Capital University Law School.

                 1.     relevant information to University employees having a legitimate educational interest;
                 2.      educational records of a student who is a dependent as defined in the Internal Revenue Code;
                 3.     relevant information to appropriate parties in connection with determining eligibility, amount, conditions or enforcement of financial aid to students;
                 4.     relevant information to accrediting organizations to carry out accrediting functions;
                 5.     relevant information as required to comply with a judicial order or lawfully issued subpoena;
                 6.     relevant information to persons with a need to know in health or safety emergencies;
                 7.     results of disciplinary proceedings to victims of the charged offense;
                 8.     directory information

  •  6.11.04 Custodians Of Educational Records

    Law Student records are maintained by the following University or Law School offices, which are subject to the terms of this policy, including record-keeping requirements. Each custodial office is restricted to providing only the information over which it has primary responsibility. Information properly provided may be accompanied by explanatory material whenever its meaning or interpretation is not readily apparent to potential users.

     

    Type of Record                         

    Location                              Custodian                                 
    Admission/Financial Law School Assistant Dean of Admission/Financial Aid
    Professional Development Law School Assistant Dean
    Center for Academic Achievement                 Learning Center                    Director
    Academic Law School Office of Records and Registration
    Disciplinary Law School Office of Records and Registration
    Financial Yochum Hall Director, Finance Office &
      Law School Assistant Dean of Admission/Financial Aid
    Health Health Clinic Director, Clinic
    Law School Law School Office of Records and Registration
    Non-Disclosure Requests Law School Office of Records and Registration/
        Yochum Hall Office of Communications
    Nursing Batelle Hall Dean


     

     

  •  6.11.05 Record Of Disclosures

    When personally identifiable information other than directory information is disclosed without the student’s prior consent, the appropriate records custodian will keep a record of the disclosure, including the name and legitimate interest of the parties requesting and obtaining the information.
  • 6.11.06 Policy Implementation

    The Dean or Dean’s delegate, in consultation with the provost and with university counsel, serves as the FERPA coordinator responsible for resolution of questions arising under this policy. Copies of this policy are available upon request to students and parents from the offices of the University Registrar, Assistant Dean of Student Administration, in the Manual of Policies and Procedures and in the Capital University Law School web page. Annual notice of this policy shall be provided to current students and parents, including a statement of how a copy of the policy may be obtained. Students having questions or concerns regarding this policy may contact the Law School Assistant Dean of Student Administration, Associate Dean or Office of Records and Registration. A complaint alleging a violation of FERPA may be filed with the U.S. Department of Education.

    REQUEST TO REVIEW EDUCATION RECORDS

    NOTICE: YOU ARE ATTEMPTING TO ACCESS INFORMATION THAT IS PROTECTED BY FEDERAL PRIVACY LAW. DISCLOSURE TO UNAUTHORIZED PARTIES VIOLATES THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA). YOU SHOULD NOT ATTEMPT TO PROCEED UNLESS YOU ARE SPECIFICALLY AUTHORIZED TO DO SO AND ARE INFORMED ABOUT FERPA. WHEN ACCESSING STUDENT RECORDS, YOU MUST ACCESS ONLY THAT INFORMATION NEEDED TO COMPLETE YOUR ASSIGNED OR AUTHORIZED TASK. YOU MAY COMMUNICATE THE INFORMATION ONLY TO OTHER PARTIES AUTHORIZED TO HAVE ACCESS IN ACCORDANCE WITH THE PROVISIONS OF FERPA. IF YOU HAVE ANY QUESTIONS ABOUT THOSE PROVISIONS, PLEASE CONTACT THE ASSOCIATE DEAN.

    FERPA affords students certain rights with respect to their educational records. These rights include the right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to university officials with legitimate educational interests. A university official is:

    • A person employed by the University in an administrative, supervisory, academic, or support staff position, including law enforcement unit and health staff.
    • A person or company with whom the University has contracted to perform a special task, such as an attorney, auditor, or collection agency.
    • A person serving on the Board of Trustees.
    • A person assisting another University official in performing his or her task.

    A university official has a legitimate educational interest if the official is:

    • Performing a task that is necessary to carry out the functions of his or her job.
    • Performing a task related to the discipline of a student.
    • Maintaining the safety and security of the campus.
    • Providing a service or benefit relating to the student such as health care, counseling or financial aid. (For example, if a law professor is counseling a student who has taken his or her exam and that law professor wants to access the student’s records to assist in that counseling, this is a legitimate educational interest. If however, a law professor wants to access a student’s records to assist in identifying a student for an employment opportunity, this is not a legitimate educational interest.) 

    Request to access student records