student records management

Records Management-Student Records

Purpose -- The purpose of this **regulation** is to set forth the guidelines governing the protection of the privacy of student records and to implement The Family Educational Rights and Privacy Act of 1974 (Buckley Amendment; Pub. L. 93-380, as amended). These regulations apply to all students who are or have attended Fort Hays State University.

Definitions

"Act" means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as Section 444 of the General Education Provisions Act.

"Attendance" at the University includes, but is not limited to:
The term means the period of time during which a student attends the University. Examples of dates of attendance include an academic year, a spring semester, a fall semester, a summer semester or a summer session.
The term does not include specific daily records of a student's attendance at the University.

"Directory Information/Public Information" includes a student's name, address, e-mail address, telephone listing, major field of study, participation in officially recognized activities and sports, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, student level, and full- or part-time status.

"Disclosure" means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

"Education Records"
a. The term means those records that are: (1) Directly related to a student; and
(2) Maintained by the University or by a party acting for the University.
b. The term does not include:
(1) Records that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;
(2) Records of a law enforcement unit of the University, but only if education records maintained by the University are not disclosed to the unit, and the law enforcement records are:
(a) Maintained separately from education records;
(b) Maintained solely for law enforcement purposes; and
(c) Disclosed only to law enforcement officials of the same jurisdiction;

(3) (i) Records relating to an individual who is employed by the University, that:
(a) Are made and maintained in the normal course of business;
(b) Relate exclusively to the individual in that individual's capacity as an employee; and
(c) Are not available for use for any other purpose.
(ii) Records relating to an individual in attendance at the University who is employed as a result of his or her status as a student are education records and not excepted under Section 180.020 B.5.b (3) of this definition.

(4) Records on a student who is attending the University, that are:
(a) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;
(b) Made, maintained, or used only in connection with treatment of the student; and
(c) Disclosed only to individuals providing the treatment. For the purpose of this definition, "treatment" does not include remedial educational activities or activities that are part of the program of instruction at the University; and
(5) Records that only contain information about an individual after he or she is no longer a student at the University.

"Parent" means a natural parent, an adoptive parent, or the legal guardian of the student.

"Party" means an individual, agency, institution, or organization.

"Personally identifiable information" includes:
The student's name;
The name of the student's parent or other family member;
The address of the student or student's family;
A personal identifier, such as the student's social security number or student number;
A list of personal characteristics that would make the student's identity easily traceable; or
Other information that would make the student's identity easily traceable.

"Record" means information or data recorded in any medium, including, but not limited to handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

"Student" means any person who is or has been in attendance at the University where the University maintains education records or personally identifiable information on such person. However, the term does not include a person who has not been in attendance at Fort Hays State University.

Notification of Access Rights by the University
1. The University shall annually notify students currently in attendance of their rights under the Act.
2. Notice must be included in each campus's information manual, or other publication, and must inform students that they have the right to:
a. Inspect and review the student's education records;
b. Seek amendment of the student's education records that the student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights;
c. Consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that the Act and Section 180.020 M authorize disclosure without consent; and
d. File with the Department of Education's Family Policy Compliance Office a complaint under Sections 99.63 and 99.64 of the Act concerning alleged failures by the University to comply with the requirements of the Act.
3. The notice must include all of the following:
a. The procedure for exercising the right to inspect and review education records;
b. The procedure for requesting amendment of records under Section 180.020 I; and
c. A specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest, as listed in Section 180.020 M.1.a.
4. The University may provide this notice by any means that are reasonably likely to inform the students of their rights. The University shall effectively notify students who are disabled.

Records of the University's Law Enforcement Unit

"Law enforcement unit" means any individual, office, department, division, or other component of the University, such as the Fort Hays State University Police Department or noncommissioned security guards, that is officially authorized or designed by the University to -

a. Enforce any local, state, or federal law, or refer to appropriate authorities a matter for enforcement of any local, state, or federal law against any individual or organization other than the University itself; or
b. Maintain the physical security and safety of the University.

A component of the University does not lose its status as a "law enforcement unit" if it also performs other, non-law enforcement functions for the University, including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student.

"Records of law enforcement unit" means those records, files, documents, and other materials that are
a. Created by a law enforcement unit;
b. Created for a law enforcement purpose; and
c. Maintained by the law enforcement unit.

"Records of law enforcement unit" does not mean -
a. Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the University other than the law enforcement unit; or
b. Records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as disciplinary action or proceeding conducted by the University.

The University may contact its law enforcement unit, orally or in writing, for the purpose of asking that unit to investigate a possible violation of, or to enforce, any local, state, or federal law.

Education records, and personally identifiable information contained in education records, do not lose their status as education records and remain subject to the Act, as well as the disclosure provisions of Section 180.020 L, while in possession of the law enforcement unit.

Rights of Inspection and Review of Education Records
1. The University shall provide students access to their educational records except as provided **in Section 180.020 G.**
2. The University shall comply with a request within a reasonable period of time, but in no case more than 45 days after the request has been received.
3. The University shall respond to reasonable requests for explanations and interpretations of those records.
4. If circumstances effectively prevent the student from exercising the right to inspect and review the student's education records, the University shall --
a. Provide the student with a copy of the records requested; or
b. Make other arrangements for the student to inspect and review the requested records.
5. The University shall not destroy any education records if there is an outstanding request to inspect and review the records under this section.

Fees for Copies of Educational Records
1. Unless the imposition of a fee effectively prevents a student from exercising the right to inspect and review the student's education records, the University may impose a reasonable fee for reproduction costs. This fee will not exceed the actual cost of production.
2. The University shall not charge a fee to search for or to retrieve the education records of a student.

Limitation on Access
If the education records of a student contain information on more than one student, the student may inspect and review or be informed of only the specific information about that student.

The University will not permit a student to inspect and review education records that are:

a. Financial records, including any information those records contain, of his or her parents;
b. Confidential letters and confidential statements of recommendation placed in the education records of the student before January 1, 1975, as long as the statements are used only for the purposes for which they were specifically intended; and
c. Confidential letters and confidential statements of recommendation placed in the student's education records after January 1, 1975, if:
(1) The student has waived his or her right to inspect and review those letters and statements; and
(2) Those letters and statements are related to the student's:
a) Admission to the University;
b) Application for employment; or
c) Receipt of an honor or honorary recognition.

Waivers
A waiver under **in Section 180.020 G.** is valid only if:
a. The University does not require the waiver as a condition for admission to or receipt of a service or benefit from the University; and
b. The waiver is made in writing and signed by the student, regardless of age.
If a student has waived his or her rights under Section 180.020 G, the University shall:
a. Give the student, on request, the names of the individuals who provided the letters and statements of recommendation; and
b. Use the letters and statements of recommendation only for the purpose for which they were intended.
A waiver under Section 180.020 G may be revoked with respect to any actions occurring after the revocation. A revocation must be in writing.

Amendment of Education Records
If a student believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student's rights of privacy, he or she may ask the University to amend the record by contacting the University Registrar.
The University shall decide whether to amend the record as requested within a reasonable time after the request is received.

If the University decides not to amend the record as requested, the University Registrar shall inform the student of its decision and of his or her right to a hearing under Section 180.020 J.

Rights to a Hearing
The University shall give a student, on request, an opportunity for a hearing to challenge the content of the student's education records on the grounds that the information contained in the education records is in violation of the privacy rights of the student.

If, as a result of the hearing, the University decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall:
a. Amend the record accordingly; and
b. Inform the student of the amendment in writing.

If, as a result of the hearing, the University decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the University, or both.

If the University places a statement in the education records of a student, it shall:
a. Maintain the statement with the contested part of the record for as long as the record is maintained; and
b. Disclose the statement whenever it discloses the portion of the record to which the statement relates.

Conduct of a Hearing -- Upon the request of the University official charged with custody of the records of the student, the hearing required by Section 180.020 J shall be conducted.

The request for a hearing shall be submitted in writing to the campus Chancellor, who will appoint a hearing officer or a hearing committee to conduct the hearing.

The hearing shall be conducted and decided within a reasonable period of time following the request for the hearing. The University shall give the student notice of the date, time, and place, reasonably in advance of the hearing.

The hearing shall be conducted and the decision rendered by an appointed hearing official or officials who shall not have a direct interest in the outcome of the hearing.

The student shall be afforded a full and fair opportunity to present evidence relevant to the hearing, and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney.

The decision of the University shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.

The decision shall be rendered in writing within a reasonable period of time after the conclusion of the hearing.

Either party may appeal the decision of the hearing official or officials to the campus Chancellor.

Conditions Under Which Prior Consent is Required
The student shall provide a signed and dated written consent before the University discloses personally identifiable information from the student's education records, except as provided in Section 180.020 M.

The written consent must:
a. Specify the records that may be disclosed;
b. State the purpose of the disclosure; and
c. Identify the party or class of parties to whom the disclosure may be made.

If a student so requests, the University shall provide him or her with a copy of the records disclosed.

Conditions Under Which Prior Consent is Not Required
The University may disclose personally identifiable information from an education record of a student without the consent required by Section 180.020 L if the disclosure meets one or more of the following conditions:
a. The disclosure is to other University officials, including instructors, within the University who have been determined by the University to have legitimate educational interests.
b. The disclosure is to officials of other schools or school systems in which the student seeks or intends to register, upon condition that the student is notified of the transfer, receives a copy of the record if requested, and has an opportunity for a hearing to challenge the content of the record.
c. The disclosure is, subject to the requirements of Section 180.020 P, to authorized representatives of:
(1) The Comptroller General of the United States;
(2) The Attorney General of the United States;
(3) The Secretary; or
(4) State and local educational authorities.
d. The disclosure is in connection with financial aid - defined as a payment of funds provided to an individual (or a payment in kind of tangible or intangible property to the individual) that is conditioned on the individual's attendance at the University - for which the student has applied or which the student has received, if the information is necessary for such purposes as to:
(1) Determine eligibility for the aid;
(2) Determine the amount of the aid;
(3) Determine the conditions for the aid; or
(4) Enforce the terms and conditions of the aid.
e. The disclosure is to state and local officials or authorities to which such information is specifically required to be reported or disclosed pursuant to a state statute adopted prior to November 19, 1974.
f. The disclosure is to organization conducting studies for, or on behalf of, educational agencies or institutions to develop, validate, or administer predictive tests, administer student aid programs, or improve instruction. Such studies are to be conducted in such a manner as will not permit the personal identification of students or their parents by persons other than representatives of the organization, and this information will be destroyed when no longer needed for the purpose for which the study is conducted.
g. The disclosure is to accrediting organizations to carry out their accrediting functions.
h. The disclosure is to parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1986, as amended.
i. The disclosure is to comply with a lawfully issued subpoena.

(1) The University may disclose this information only if it makes a reasonable effort to notify the student of the order or subpoena in advance of compliance, so that the student may seek protective action, unless the disclosure is in compliance with --
(a) A Federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or
(b) Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.

(2) If the University initiates legal action against a parent or student, the University may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the University to process with the legal action as plaintiff.

(3) If a parent or eligible student initiates legal action against the University, the University may disclose to the court, without a court order or subpoena, the student's education records that are relevant for the University to defend itself.
j. The disclosure is in connection with a health or safety emergency, under the conditions described in Section 180.020 Q.
k. The disclosure is information the University has designated as "directory information," under the conditions described in Section 180.020 R.
l. The disclosure is to the student.
m. The disclosure, subject to the requirements in Section 180.020 S, is to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding conducted by the University with respect to that alleged crime or offense. The University may disclose the final results of the disciplinary proceeding, regardless of whether the University concluded a violation was committed.
n. (i) The disclosure, subject to the requirements in Section 180.020 S, is in connection with a
disciplinary proceeding at the University providing that the University determines that ---
(1) The student is an alleged perpetrator of a crime of violence or non-forcible sex offense; and
(2) With respect to the allegation made against him or her, the student has committed the violation of the University's rules or policies.

(ii) The University may not disclose the name of any other student, including a victim or witness, without the prior written consent of the other student.

(iii) This section applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998.
o. The disclosure is to a parent of a student under the age of twenty-one at the time of disclosure, and is limited to a determination that the student violated University regulations pertaining to the use or possession of alcohol or a controlled substance, as provided by and under the restrictions contained in Section180.025.

Record Keeping
The University shall maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student, for as long as the records are maintained.

For each request or disclosure the record must include:
1. The parties who have requested or received personally identifiable information from the education records; and
2. The legitimate interests the parties had in requesting or obtaining the information.

If the University discloses personally identifiable information from an education record with the understanding authorized under Section 180.020 O.2, the record of the disclosure required under this section must include:
1. The names of the additional parties to which the receiving party may disclose the information on behalf of the University; and
2. The legitimate interests under Section 180.020 M which each of the additional parties has in requesting or obtaining the information.
The following parties may inspect the record relating to each student:
The student;
The school official or his or her assistants who are responsible for the custody of the records; and
Those parties authorized in Section 180.020 M.1.a and M.1.c for the purposes of auditing the record keeping procedures of the University.
The first paragraph of this section does not apply if the request was from, or the disclosure was to:
The student;
A University official under Section 180.020 M.1.a;
A party with written consent from the student;
A party seeking directory information; or

A party seeking or receiving the records as directed by a Federal grand jury or other law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.

The University may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the student. The officers, employees, and agents of a party that receives information may use the information, but only for the purposes for which the disclosure was made.

This does not prevent the University from disclosing personally identifiable information with the understanding that the party receiving the information may make further disclosures of the information on behalf of the University if:
The disclosures meet the requirements of Section 180.020 M; and
The University has complied with the requirements of Section 180.020 N.3.

Section 180.020 O.1 does not apply to disclosures made pursuant to court orders, lawfully issued subpoenas, litigation under Section 180.020 M.1.i, to disclosures of directory information under Section 180.020 M.1.k, to disclosures made to a parent or student under Section 180.020 M.1.j, to disclosures made in connection with a disciplinary proceeding under Section 180.020 M.1.n, or to disclosures made to parents under Section 180.025.

Except for disclosures under Section 180.020 M.1.k, l, m, and n, the University shall inform a party to whom disclosure is made of the requirements of this section.

If the University determines that a third party improperly rediscloses personally identifiable information from education records in violation of Section 180.020 O.1, the University may not allow that third party access to personally identifiable information from education records for at least five years.

Disclosure of Information for Federal or State Program Purposes
The officials listed in Section 180.020 M.1.c may have access to education records in connection with an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal legal requirements which relate to those programs.

This information must:
Be protected in a manner that does not permit personal identification of individuals by anyone except the officials referred to in part 1 of this section; and
Be destroyed when no longer needed for the purposes listed in part 1 of this section.

Part 2 of this section does not apply if:
The student has given written consent for the disclosure under Section 180.020 L; or
The collection of personally identifiable information is specifically authorized by Federal law.

Release of Information for Health or Safety Emergencies -- The University may release information from an education record to appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of a student or other persons. The factors which will be taken into account in determining whether the records may be released under this section include the following:
The seriousness of the threat to the health or safety of the student or other persons;
The need for such records to meet the emergency;
Whether the persons to whom such records are released are in a position to deal with the emergency; and
The extent to which time is of the essence in dealing with the emergency.

Conditions for Disclosure of Directory Information
The University may disclose directory information if it has given public notice to students in attendance at the University of:
The types of personally identifiable information that the University has designated as directory information;
A student's right to refuse to let the University designate any or all of those types of information about the student as directory information; and
The period of time within which a student has to notify the University in writing that he or she does not want any or all of those types of information about the student designated as directory information.

The University may disclose directory information about former students without meeting the conditions of this section.

Definitions Applying to the Nonconsensual Disclosure of Records in Connection with Disciplinary Proceedings Concerning Crimes of Violence or Non-Forcible Sex Offenses -- As used in this part:
"Alleged perpetrator of a crime of violence" is a student who is alleged to have committed acts that would, if proven, constitute any of the following offenses or attempts to commit the following offenses that are defined in Title 18, "Crimes and Criminal Procedure," of the United States Code:
Arson;
Assault offenses;
Burglary;
Criminal homicide - manslaughter by negligence;
Criminal homicide - murder and non-negligent manslaughter;
Destruction/damage/vandalism of property;
Kidnapping/abduction;
Robbery; or
Forcible sex offenses.

"Alleged perpetrator of non-forcible sex offense" means a student who is alleged to have committed acts that, if proven, would constitute statutory rape or incest. These offenses are defined in Title 18, "Crimes and Criminal Procedure," of the United States Code.

"Final results" means a decision or determination, made by an honor court or council, committee, commission, or other entity authorized to resolve disciplinary matters within the University. The disclosure of final results must include only the name of the student, the violation committed, and any sanction imposed by the University against the student.

"Sanction imposed" means a description of the disciplinary action taken by the University, the date of its imposition, and its duration.

"Violation committed" means the University rules or code sections that were violated and any essential finding supporting the University's conclusion that the violation was committed.