Access
to Student Records
| Effective Date: |
2.14.1966 |
Revision Date: |
6.15.2004 |
| Chapter Name: |
Student
Programs and Requirements |
Policy Number: |
8.2 |
| Policy Name: |
Access
to Student Records |
| A
PDF version of this policy is available
via this link. |
UNIVERSITY POLICY STATEMENT
It is the policy of Eastern Michigan University
to assure any person who is or has been in attendance
as a student at the University access to his/her
educational records and to protect such individual’s
rights to privacy by limiting the transferability
of records without his/her consent. It is the further
purpose of this policy to comply with the Family
Educational Rights and Privacy Act (FERPA) and other
federal and state regulations.
The following are matters of public record and
may be included in publications or disclosed upon
request without consent: the student’s name,
address, telephone listing; e-mail address; date
and place of birth; major field of study; participation
in officially recognized activities and sports;
weight and height of members of athletic teams;
dates of attendance; enrollment status; degrees
and awards received (including, but not limited
to, the Dean’s List); and the most recent
previous educational agency or institution attended
by the student. This is considered directory information.
Registration documents of student organizations
which contain the names and addresses of the officers
and the statement of purpose of the organization
are also considered public information. These documents
are available in the Office of Campus Life.
UNIVERSITY PRACTICE
The University shall annually notify enrolled students
of their rights under this Act and also give notice
of the categories of personally identifiable information,
which the institution has designated as public or
directory information.
The University shall make known the rights of eligible
students by publishing a statement of those rights
in appropriate University publications and websites.
I. All personally identifiable information not
designated as directory information is confidential
and shall be disclosed by the University only as
provided herein.
A. Disclosure of Public Information
1. Inquiries by telephone or in person for the
items of public record listed as directory information
may be honored.
2. Blanket requests or requests requiring data
in specific formats (mailing labels, etc.) may be
denied or a charge for the service may be levied.
3. EMU reserves the right to make public directory
information unless a student's written objection
(specifying the category of information not to be
made public without prior consent) is filed at the
Office of Records and Registration within 14 days
after each term begins.
B. Disclosure of Confidential Information to the
Student
Upon proper identification, a currently enrolled
student has the right to inspect and review official-records,
files, and data directly related to the student
as a student. This right extends to former students
and applicants for admission. Where such information
involves other students, the student shall be entitled
to inspect or be informed of that portion of the
information which pertains to himself or herself
only. Student access to records shall be pursuant
to procedures established for the granting of requests
later in this section.
For the purposes of this section, the term educational
records, files, and data shall include that material
on students pertaining to their status as students
held by any person, office or department which is
intended for University use, or to be available
to parties outside the University. However, there
are a number of records maintained in the University
that are not educational records.
Records that are maintained by a physician, psychiatrist,
counselor or other recognized professional or paraprofessional,
used only in connection with a student's treatment
and unavailable to anyone not providing treatment,
are not educational records. (Note: a personal record
inspection is permitted by a physician or appropriate
professional of the student's choice.) However,
if the records involve or affect the status of the
individual as a student in the University, the student
shall have access to them. If the records serve
a client-professional practitioner relationship,
the student shall have access only through the practitioner.
Release or disclosure of these records shall be
governed by state statute and codes of professional
ethics.
Records created and maintained by the University’s
Department of Public Safety for the purpose of law
enforcement are not educational records.
Confidential recommendations or statements of evaluation
obtained or prepared before January 1, 1975, and
confidential recommendations (placed in the educational
records after January 1, 1975) respecting admission
to the University, employment application or credentials,
or receipt of honors, provided the student has signed
a waiver of his/her right of access thereto, are
an exception also. However, waivers may not be required
as a condition of admission, receipt of financial
aid, or receipt of any other benefit from the University.
Any records on the financial status of parents
are confidential between the parents and University
and are, therefore, not available to students.
A personal record made by and in possession of
an EMU instructional/supervisory/administrative
staff member and accessible to no one else (except
a substitute) is not an educational record.
C. Disclosure of Confidential Information to Third
Parties
1. Disclosure to individuals and public or private
agencies.
Confidential information may be disclosed to individuals
or agencies only with the prior written consent
of the student, unless the disclosure is pursuant
to Section C2, following. Written consent on the
part of the student must be provided prior to the
disclosure of the requested information and shall
(1) identify the individual, agency, or classes
of individuals or agencies to whom the information
is to be made available; and (2) specify the records
to be released.
2. Disclosure of confidential information without
prior consent of the student.
Information otherwise confidential and requiring
a student's consent may be released without such
consent pursuant to the conditions listed as follows:
a. The disclosure is to other school officials,
including teachers, within the agency or institution
whom the agency or institution has determined to
have legitimate educational interests.
A school official is a person employed by the University
in an administrative, supervisory, academic or research,
or support staff position (including law enforcement
unit personnel 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 Regents; or a student serving
on an official committee, such as a disciplinary
or grievance committee, or assisting another school
official in performing his or her tasks.
All confidential information shall be disclosed
only on a NEED TO KNOW BASIS. That is, an official
requesting information must have a legitimate educational
interest in the information (i.e., the official
needs to review the information in order to fulfill
his or her professional responsibility). Determining
whether the person making the request for the confidential
information is a school official and determining
whether the person has a legitimate educational
interest in the information shall be the responsibility
of the person in charge of that record or file.
University faculty and staff whose responsibilities
require the receipt or use of information shall
be responsible for its release and disclosure pursuant
to the provisions of this policy. Release or disclosure
shall always be by the office which has primary
responsibility for maintaining the information.
b. Disclosure pursuant to judicial order.
Confidential information shall be released if properly
subpoenaed pursuant to a judicial, legislative or
administrative proceeding. The student shall be
notified of the order in advance of compliance.
unless the Court or other issuing agency orders
the University not to disclose the existence or
contents of the subpoena or any information furnished
in response.
c. Disclosure pursuant to requests for
financial aid.
Appropriate student records may be disclosed without
the student's prior consent in connection with the
student's application for, or receipt of, financial
aid.
d. Disclosure to federal and state authorities.
Authorized federal and state officials shall have
access to student records as required by the audit
and evaluation of federally Supported education
programs and in connection with the enforcement
of federal legal requirements which relate to such
programs.
e. Disclosure to organizations conducting studies
for, or on behalf of, educational agencies or institutions
to: 1) develop, validate, or administer predictive
tests; 2) administer student aid programs; or 3)
improve instruction.
Requests for access to information for research
must be presented to and authorized by the president
of the University or his/her designee. Such requests
should include the elimination of personal identification
information. If the research requires release of
information by name, the president or his/her designee
will require assurance that the data will be treated
confidentially and either returned or destroyed
as soon as it has served its research purposes.
f. Disclosure to accrediting organizations.
g. Disclosure to parents of a dependent student,
as defined by the Internal Revenue Code, Section
152, 1954.
h. Conditions for disclosure in health and safety
emergencies.
The University may disclose personally identifiable
information from the education records of a student
to appropriate parties in connection with an emergency
if knowledge of the information is necessary to
protect the health or safety of the student or other
individuals.
i. Disclosure to an alleged victim of any crime
of violence (as that term is defined in Section
16 of Title 18 of the U.S. Code), the results of
any disciplinary proceeding conducted by the University
against the alleged perpetrator of such crime with
respect to such crime.
j. Disclosure to officials of other schools upon
request, in which a student seeks or intends to
enroll with.
k. Disclosure of certain information to parents
or guardians of students under the age of 21 found
responsible for violating any law, rule, or University
policy pertaining to drugs or alcohol.
l. Disclosure of information the educational agency
or institution has designated as “directory
information.”
3. Restriction on further release of related records.
The University shall include, with any personal
information on a student transferred to any party,
a written statement that such recipient cannot subsequently
release such data in personally identifiable form
without first obtaining the written consent of the
student.
4. Record of access.
Each office or officer of the University having
custody of educational records shall maintain a
record, kept with the educational records of each
student, which will indicate all individuals, agencies,
or organizations which have requested or obtained
access to a student's educational records maintained
by such office or officer. Also, it will indicate
specifically the legitimate interest that such person,
agency, or organization has in obtaining this information.
Such record of access shall be available to the
student, to the aforesaid University officials,
to the University official and his/her assistants
who are responsible for the custody of such records,
and to the federal and state officials involved
in audit and evaluation under Section 99.37 of the
Act's regulations.
5. The University has a fee schedule for copies
of academic transcripts and charges may be made
for copies of other records requested.
II. Procedure to Challenge Content of Educational
Records at EMU
If a student believes his/her records contain inaccurate
or misleading information or otherwise are in violation
of his/her rights, the first step to resolve the
issue is through informal discussion between the
student and the official responsible for the maintenance
of the records. If within 10 class days, when the
University is in session, the matter is not satisfactorily
settled, the issue will be taken to the appropriate
vice president who will initiate the hearing procedure.
The eligible student shall be afforded a full and
fair opportunity to present evidence relevant to
a request (1) for correction or deletion of any
inaccurate, misleading, or other data in violation
of the student's rights, and (2) for insertion into
such records a written explanation regarding the
contents of such records. A decision shall be rendered
in writing within a reasonable period of time after
the conclusion of the hearing to the appropriate
vice president.
III. Annual Review And Disposition Of Records
A policy on Annual Review and Disposition of Records
shall be established to charge each individual unit
with the responsibility of annually reviewing the
records it holds. In all cases, the objectives of
the annual review will include consideration of
reduction of records kept in operational files,
provide for a continuing review and evaluation of
the type of records kept in the operational files,
and for disposal of routing records which are no
longer necessary to the operation.
If not otherwise prohibited by law, the University
recognizes that educational institutions are not
precluded from destroying inappropriate or useless
records which should not be maintained. However,
access shall be granted prior to destruction in
those incidents where the eligible student has requested
such access prior to destruction.
IV. Student Access To His/Her Educational Records
The registrar or his/her designee is the University
officer responsible for coordinating access procedures.
A list of University educational records and copies
of the Family Educational Rights and Privacy Act
of 1974, as amended, and the Act’s Regulations,
are available at the Office of Records and Registration.
A student seeking access to his/her personal educational
records should go to the Office of Records and Registration
and complete the application form required. The
student will then be informed by letter as to the
date and procedure to follow. In no case will this
process extend 45 days after the request has been
made.
A student shall be entitled to an explanation of
any information contained in official records, files,
and data directly related to the student and shall
have the opportunity for a hearing to challenge
the content of such records to ensure that they
are not inaccurate or misleading or otherwise in
violation of privacy or other rights of the student,
and to provide an opportunity for the correction
or deletion of any inaccurate, misleading or otherwise
inappropriate data.
The University reserves the right to deny transcripts
or copies of records not required to be made available
by the Act in any of the following circumstances:
A. The student has unpaid financial obligations
to the University.
B. There is unresolved disciplinary action against
the student.
The following is a list of the types of records
that Eastern Michigan University maintains, their
locations, and their custodians:
TYPES LOCATION CUSTODIAN
Admission Records Admissions Office,
Pierce Hall Director, Admissions
Cumulative Academic Records Records
and Registration, Pierce Hall Registrar
Health Records University Health Services,
Snow Health Center Director,
University Health Services
Financial Aid Records Financial Aid,
Pierce Hall Director, Financial Aid
Financial Records Student Business Services,
Pierce Hall Director,
Student Business Services
RESPONSIBILITY FOR IMPLEMENTATION
The president of the University has the overall
responsibility for implementing this policy in compliance
with the Family Educational and Privacy Rights Act
and its regulations. The president has the authority
to modify this policy where modification(s) is required
to bring the policy into compliance with future
amendments of the Act and/or its implementing regulations,
subject to notice to and ratification by the Board
of Regents. Vice Presidents, deans, and department
heads are responsible for relaying the policy to
faculty and staff for compliance.
SCOPE OF POLICY
The policy applies to all currently enrolled or
formerly enrolled students.
| Authority
for Creation or Revision: |
| Minutes of the Board of Regents: February 14, 1966, para. .363 M. March 20, 1974, para. .1321 M.
December 11, 1974, para. .1461 M. March 19, 1975, para. .1507 M. May 18, 1977, para. .1806 M.
November 16, 1990, para. .5590M. June 15, 2004, para. .6286M.
|
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