STUDENTS’ RIGHTS AND RESPONSIBILITIES
Barry University exists for the transmission of knowledge, the pursuit of truth, the development of students, and the general well being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of this academic community, students are encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth. Procedures for achieving these purposes may vary from school to school, but the minimal standards of academic freedom of students outlined below are essential to this community of scholars.
Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility.
The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the Barry University academic community.
This document is to be interpreted in accordance with the stated nature, purpose, and objectives of the University. Barry University students are responsible for the contents of the University Catalog and Student Handbook.
The relationship between the student and the University is one of contract. The terms of the contract are stated in the institution's catalog (bulletin), Student Handbook and other publications. Under the terms of this contract, the students have certain rights. They also have certain academic responsibilities.
It is the responsibility of students to:
- Be aware of the educational objectives of the institution and to observe them.
- Comprehend the institution's criteria for evaluating student success in all academic programs.
- Measure up to the institution's standards for academic progress and continuance in programs for graduation. The institution is under no obligation to grant a degree or keep the student if the student fails to maintain satisfactory academic progress.
- Understand all the degree requirements for graduation that were published at the time the student began his /her program.
- Complete all the requirements to earn a degree.
- Learn all their rights.
- Statutory rights - laws passed by congress.
- Privacy rights - information in student records and protection from improper disclosures.
- Consumer rights - the right to get what is paid for and advertised by the institution.
- Civil or federal rights - rights secured under the federal constitution or federal civil rights law. (freedom of expression, assembly).
- To make their own academic decisions. Advising is an implied contract between the student and the institution. Advisors are the agents of the university and students may rely on the advisor's information. The advisor is there to inform; the students make the decision.
- Conduct their academic affairs in a forthright and honest manner. If students are suspected of classroom cheating, plagiarism, falsification of university records, or otherwise is representing their work, they will be subject to procedural due process.
- Take appropriate action when informed of grade deficiencies. The students should seek information from the professor, or withdraw from the course.
- Know their full due process guarantees and understand the appeals procedures.
I. Freedom of Access
Barry University is open to all students who are qualified according to its published admission standards. No student is barred on the basis of race, gender, religion, national or ethnic origin, age, or sexual orientation.
Except for published limitations, the facilities and services of the university are open to all of its enrolled students. Barry University will use its influence to secure for all students' equal access to public facilities in the local community.
II. Academic Freedom of Students
Barry University students have a right to quality instruction and/or educational experiences in each course of study, to overview of the course, and to the teaching strategies to be used by the instructor.
The following rights are guaranteed:
- Attendance: Students have the right to the presence of the instructor according to the course schedule published by the instructor at the beginning of each course. Students are responsible for taking full advantage of the opportunities and conditions provided in the classroom.
- Protection of Freedom of Expression: Barry University instructors should encourage free discussion, inquiry, and expression. Students are free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they are enrolled.
- Protection Against Improper Academic Evaluation: Student performance should be evaluated solely on an academic basis, not on the basis of student opinion and/or conduct unrelated to academic standards. Grading should be based upon stated academic requirements that shall be clearly specified by the instructor at the beginning of each course of study. Students have protection through orderly procedures as stated in the university Catalog, against prejudiced or capricious academic evaluation. At the same time, they are responsible for maintaining standards of academic performance established for each course in which they are enrolled.
- Protection Against Improper Disclosure: Information on student views, beliefs, and political association which instructors may acquire in the course of their work as teachers, advisors, and counselors in considered confidential. Protection against improper disclosure is a serious professional obligation. Judgments of ability and character may be provided under appropriate circumstances, normally with the knowledge of the student.
III. Learning Environment
All students are expected to support the university's commitment to provide an effective learning environment. Any behaviors and/or events determined to be detrimental to success in any Barry University related academic pursuit, at a location where the Barry University learning process takes place, are prohibited. This includes, but is not limited to, bringing unauthorized visitors, e.g., children, friends, or other family members to classrooms; and usage of cell phones, pagers, radios or radio headsets, especially in campus libraries, classroom, laboratories, computer labs, or any location where the Barry University learning process takes place.
IV. Student Records
To minimize the risk of improper disclosure, academic and non-academic records are maintained separately in a physically secure area, and access to each is regulated by explicit policies and procedures as outlined.
1974 FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT
Section 438 of the General Education Provisions Act, Title IV of Public Law 90-247, as amended, became effective November 19,1974, including amendments effective January 1, 1975. Under the Act, educational institutions are subject to loss of certain federal funding if they permit release of “personally identifiable records or files for personal information contained therein” except with the student's written consent or in certain other instances indicated in the Act or if they do not permit an attending student to inspect “any and all official records, files and data directly related to” that student.
The secretary of education has issued regulations in implementation of the Act which have been taken into account in formulating the following statement of university policy. Recommendations for the revision of the university guidelines may be sent to the Vice President for Student Affairs, Landon Student Union, 300.
The purpose of these policies and procedures is to assure students at Barry University access to any and all records maintained by the university which are defined as “education records” and to insure the privacy of students by restricting the disclosure of information from education records only to those persons authorized under the Act. Members of the university community, administration, faculty and staff have a moral obligation to respect the rights of students to good reputation and to privacy by holding in confidence information acquired in the course of their work.
III. Notification to Students
Students will be notified annually of their rights of access to all education records kept by Barry University, by publication of a summary of these policies and procedures in the course schedule and such other means as are appropriate. Copies of this policy will be made available to any student upon request at the office of the vice president for Student Affairs, Landon Student Union, 300.
Questions concerning the Family Educational Rights and Privacy Act should be referred to the office of the vice president for Student Services. Students also have the right to file complaints with the Department of Education.
- A student is defined as any individual who is attending or has attended Barry University as a student of record. Students on leave of absence are included, but not persons who have applied for admission but who have never attended the university.
- The student records maintained by the university are classified as follows:
- Official academic records are maintained in the Office of the Registrar. Included are admission applications and associated documentation, the registration forms for each semester in residence; the records of grades and credits received in courses at this institution or accepted here from other institutions; and other documents directly relating to the student's academic progress and status.
- The student records maintained in departmental offices are under the authority of the respective deans, and access to them by the student or others is not permitted without the dean's authorization.
- Disciplinary records are maintained under the authority of the vice president of student services. They include information about disposition of charges of infractions against university codes of conduct and discipline.
- Student financial aid and employment related records are maintained under the authority of the director of financial aid. They are confined to applications for financial aid and employment and supporting letters of reference; notices of action on such applications; and evaluations of employment performance.
- Medical, psychological, and counseling records are maintained under the authority of the vice president for Student Affairs.
- Employment records of students who are university employees but whose employment is in no way related to their academic status and is not a part of student financial aid are maintained by the director of Human Resources, but are not subject to the provisions of these guidelines.
- The student records maintained at the student's request by the Center for Counseling & Psychological Services are treated separately below.
- No record shall be kept of the political views of students or of student membership in any organization other than academic, honorary, professional, and social organizations directly related to campus life.
- Records maintained by student organizations are not considered institutional records, but such organizations are expected to protect students from unwarranted invasions of privacy and to permit them to have access to their records.
- Records maintained by individual faculty members or by other instructional, supervisory, or administrative personnel for their own use are not considered university records for the purposes of the act or of these guidelines, provided they are in the sole possession of the maker of the records and are not revealed to any other person except a substitute.
V. Access to Records
A student's access to his/her official academic record, disciplinary record, and financial aid record is guaranteed subject only to reasonable administrative decision as to time, place, and supervision (1979, III, A) with the following exceptions:
- Any and all documents written or solicited prior to January 1, 1975, on the presumption that they were intended to remain confidential and privileged;
- Any and all documents to which access has been waived by the student;
- Any and all medical, psychiatric, or counseling center records maintained for the exclusive use of professionals and paraprofessionals. Records of this character, however, may be personally reviewed by a physician or other appropriate professional of the student's choice;
- Any and all financial data and income tax forms submitted in confidence by the student's parents in connection with an application for, or receipt of, financial aid;
- Records of Barry University which contain information relating only to a person after the person is no longer a student at Barry University e.g., information gathered on the accomplishments of alumni.
Since documents written or solicited after January l, 1975 may be kept confidential only if the student has waived access thereto in writing, a form of waiver shall be provided for the voluntary use of applicants in their request for recommendations. Any recommendation submitted under condition of confidentiality but without written waiver of access by the applicant shall be returned to the sender.
The placement records maintained by the Center for Counseling and Psychological Services may be inspected by the subject of the file, with the exception of recommendations or evaluations which have been received with the student's written waiver of access.
Student inspection of records is granted only upon written request, presented in person with appropriate identification, and must be made in the presence of designated personnel of the office maintaining the records. All requests shall be granted as soon as practicable, but in no event later than forty-five days after the date of request. No documents or files may be altered or removed once a request has been filed.
A student may receive a copy of any and all records to which he/she has lawful access, upon payment of the announced fee except when a hold has been placed on his/her record pending the payment of debts owed the university or when he/she requests a copy of a transcript, the original of which is held elsewhere.
VI. Challenge Hearings
A. Amendment of Records
A student who believes that information contained in his or her records is inaccurate, misleading, or in violation of the privacy or other rights of the student, may request that the university official who maintains the records amend them. The university will decide whether to amend the education records of the student in accordance with the request within a reasonable period of time of receipt of the request. The official who maintains the records has a responsibility to consult with appropriate officials of the university for further determination or confirmation. If the university decides to refuse to amend the education records of the student in accordance with the request, it will so inform the student of the refusal, and advise the student of the right to a hearing.
B. Hearing Procedure
Should the request for a change be denied, the student may within thirty days appeal the decision to the Provost and ask for a hearing. The Provost shall designate a hearing committee which will include one administrator other than the one who has denied the request, two faculty members, and two students. The decision of the hearing committee shall be final, except that final appeal to the president of the university remains open.
The challenge to be considered in such hearings may extend only to the material in the respective university file, e.g., it may extend to the correct recording of a grade but not to the appropriateness of the grade.
Students, dissatisfied with the results of a hearing may place a statement in the education record in question commenting upon the information therein, and/or setting forth any reason for disagreement with the institutional decision not to correct or amend the record. Such a statement shall become a part of the information contained in the education record and will be disclosed with it.
VII. Center for Counseling and Psychological Services
- The placement file of a student maintained in the Center for Counseling and Psychological Services is assembled at the initiative of the student. The extent of disclosure to prospective employers, graduate schools, organizations awarding fellowships, and the like shall be made clear and agreed to by the student when he/she requests that the file be assembled.
The student may make a specific waiver of access to evaluations solicited and/or received under condition of confidentiality, but the waiver must be made by the student without pressure or coercion. Any evaluation received under such condition of confidentiality without the student's waiver of access or without the student's knowledge shall not be incorporated in the file but shall be returned to the sender.
VIII. Addition to Records
- No entry may be made on a student's official records and no document or entry may be placed in such records without written notice to the student by the responsible administrative officials mentioned above.
- Notification of grades, written communication to a student or school or departmental evaluation, and announcement of honors, however, constitute adequate notice. A document or entry supplied by or at the request of the student may be placed in the student's record without additional notice to him/her.
IX. Release of Information
- Below are the policy statements and guidelines used by Barry University with regard to release of information.
1. University officials who have a legitimate educational interest shall have access to academic records. Such officials include faculty, administration, clerical and professional employees and other persons who manage student record information insofar as they act in the student's educational interest and within the limitations of their need to know. Access is also granted to school officials for research purposes so long as anonymity is preserved.
2. At its discretion, Barry University may provide directory information in accordance with the provisions of the Act to include: student name, local and home addresses, postal box, telephone number, electronic mail address, photo, date and place of birth, major field of study, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, participation in officially recognized activities and sports, and weight and height of members of athletic teams.
The policy that such information will be made generally available will be communicated to students through the publication of these guidelines. An individual student may request that such directory information not be disclosed by notifying the registrar, in writing, when registering or no later than the first day of class of the semester or term. Requests for non-disclosure will be honored by the institution for only one academic year (July 1 - June 30); therefore, authorization to withhold directory information must be filed annually in the Office of the Registrar.
3. A transcript of a student's official academic record contains information about academic attainment and status exclusively. Only the registrar is authorized to issue transcripts or to certify in any way the official academic record of a student. An official transcript is issued only when requested in writing by the student.
Copies of transcripts may be issued, upon request, without such authorization only to parents of a student who is financially dependent upon them. Payment of a student's bill to the university by the parents will be taken as evidence of financial dependence unless the student informs the registrar in writing to the contrary. Copies may also be issued, with the written consent of the student as indicated on his/her registration form or application for financial aid, to persons or agencies financially responsible for a student's tuition, such as the ordinary of a diocese, the superior or a religious institute, a governmental agency, or a scholarship fund.
4. Information from disciplinary records, as defined above, shall not be made available to persons, on or off campus, except to superiors of vice president for Student Services within the university administration, and/or to be used in the university's judicial process without the expressed consent of the student involved.
The university will retain disciplinary records for one year after graduation. Records may also be maintained for an indefinite period of time if a student (1) is expelled for disciplinary reasons; (2) withdraws from the university prior to resolution of a pending disciplinary matter; or (3) has a Hold Flag activated on his/her university academic record or account. The university may disclose the final results of a disciplinary proceeding against a student found in violation of a university policy, rule, regulation or standard of conduct involving any crime of violence or a non-forcible sex offense. The university will only release the name of the student found in violation, the violation committed and any sanctions imposed on the student.
5. Information from financial aid and employment records as defined above shall not be made available to anyone without the prior expressed written consent of the student involved except to confirm employment or to supply appropriate references to subsequent employers upon request of the student. Any and all financial data and income tax forms submitted in confidence by the student's parents shall not be released without their prior expressed written consent.
6. Medical, psychological, and counseling records, as defined in Section IV (E) are governed by the strictest canons of professional conduct and confidentiality. Information from these records shall not be made available to anyone other than the persons providing the medical, psychological, and counseling treatment except that they can be reviewed by a physician or other appropriate professionals of the student's choice.
Persons from outside the academic community shall not be permitted personal access to a student's records or greater information than provided herein or in the Act without the prior express written consent of the student or unless subpoena or other legal process is served on the university. Following such service, the university shall immediately notify the student affected. In addition, the university will comply with such process only upon the advice of counsel. To fully protect the confidentiality of student records, counsel for the university will be asked not merely to advise a prudent course, but to use every reasonable legal method to test the validity of and to resist such subpoena or other process. Personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the student. All persons desiring access to the records of a student shall be required to sign a written form which shall be kept permanently with the file of the student, but only for inspection by the student, indicating specifically the legitimate educational or other interest that said person has in seeking this information.
Information1. As noted above, the Office of Student Affairs will maintain general information concerning the federal law and the university policy as contained in these guidelines. It will make available a file containing the Act and the regulations of the secretary of education, and will refer students desirous of examining their records to the office of the appropriate administrative official.
At the present time the following are the administrative officials concerned:
Asst. Vice Provost Enrollment Services - Angela Scott
Director, Center for Counseling and Psychological Services - James Scott, Psy.D.
Registrar - Cynthia A. Chruszczyk
Provost - Linda Peterson, Ph.D.
Vice President, Student Affairs – Scott F. Smith, Ph.D.
For currently enrolled students, responsibility for academic records rests with the dean of the school in which the student is enrolled.
School of Adult and Continuing Education - Carol-Rae Green Sodano, Ph.D.
College of Arts and Sciences, - Karen Callaghan, Ph.D.,
School of Business-, Tomislav Mandakovic, Ph.D.
School of Education - Terry Piper, Ph.D.
School of Human Performance and Leisure Sciences, Interim – Darlene Kluka, Ph.D.
College of Health Sciences - Pegge L. Bell, Ph.D., R.N., A.P.N.
School of Graduate Medical Sciences – Jeffrey Jansen, D.P.M.
The fee for a transcript is $10.00; the fee for other records is 10 cents per page. These fees are subject to change.
In accordance with the Act, the following may have access to student records:
- Other school officials, including teachers within the educational institution or local educational agency who have been determined by such agency or institution to have legitimate educational interests;
- Officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the student's parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record;
- Subject to the conditions set forth in 99.37, authorized representatives of a) the comptroller general of the United States, b) the secretary, c) the commissioner, the director of the National Institute of Education, or the assistant secretary for education, or d) state educational authorities;
- In connection with a student's application of, or receipt of, financial aid;
- State and local officials or authorities to which such information is specifically required to be reported or disclosed pursuant to state statute adopted prior to November 19, 1974; nothing in this paragraph shall prevent a state from further limiting the number or type of state or local officials who will continue to have access thereunder;
- Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted;
- Accrediting organizations in order to carry out their accrediting functions;
- Parents of a dependent student, as defined in section 152 of the internal revenue code of 1954; or
- In compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution.
IV. Student Services
In order to assist and support the student's academic growth and personal development, Barry University provides the following services:
- Academic Advising and Counseling: An academic advisory system is provided for planning programs and schedules, reviewing progress, advice on graduate and professional schools, and assistance in obtaining admission to such schools when appropriate. This service also includes assisting students experiencing academic difficulty by providing guidance in assessing the nature of their problems and in developing skills necessary for success in their college programs.
- Personal Counseling: Personal counseling services are available to students having vocational, psychological, or spiritual problems. A referral service is also available for those requiring evaluation.
- Health Service: The university health service provides first aid services, health education and information.
- Financial Aid: The campus financial aid office provides information on, and procedures for, the acquisition of educational scholarships, loans, and other programs of student aid.
- Career Services: The campus career services assists students in locating employment opportunities, provides information on career opportunities, and maintains placement records for students who request this service. Students are responsible for securing the assistance provided by these services whenever a need appears or when a counselor or faculty member recommends them.
V. Student Participation in Institutional Government
As constituents of the Barry University academic community, students are free, individually and collectively, to express their views on issues of institutional policy and on matters of general interest to the student body.
To give effect to this principle, students should have representation on those university committees which specifically address student life and/or student academic issues, e.g. Student Affairs Departmental Advisory Committees, judicial committee, honors committee, and school curriculum committees.
- VI. Off-Campus Freedom of Students
Exercise of Rights of Citizenship: Barry University students are both citizens and members of the academic community. As citizens, student enjoy the same freedom of speech, peaceful assembly, the rights of petition that other citizens enjoy, and, as members of the academic community, they are subject to the obligations which accrue to them by virtue of this membership. Faculty members and administrative officials shall insure that institutional powers are not employed to inhibit such intellectual and personal development of students as is often promoted by their exercise of rights of citizenship both on and off campus.
- Institutional Authority and Civil Penalties:
Activities of students may upon occasion result in violation of law. In such cases, institutional officials are prepared to apprise students of sources of legal counsel and may offer other assistance. Students who violate the law may incur penalties prescribed by civil authorities, but institutional authority shall never be used merely to duplicate the function of general laws. Only where the institution's interests as an academic community are distinctly and clearly involved shall the special authority of the institution be asserted. The student who incidentally violates institutional regulations in the course of his off-campus activity, shall be subject to no greater penalty than is normally imposed. Institutional action shall always be independent of community pressure.
VII. Student Affairs: Life and Welfare
- Student Government: The role of the Student Government Association is set forth in the constitution and by-laws of the Association, and the actions of student government within their jurisdiction may be reviewed only through orderly and prescribed procedures.
- Freedom of Association: Students bring to the campus a variety of interests. They are free to organize and join associations to promote their common interests.
- The membership, policies and actions of a student organization shall be determined by vote of only those students who hold bona fide membership in that Barry University organization.
- Affiliation with an extramural organization shall not, of itself, disqualify a student organization from institutional recognition provided the organization is not in conflict with the purpose of the university.
- Each student organization must have at least one campus advisor, who is an employee of the university, chosen by the students. The advisor may counsel in the exercise of responsibility but shall not have the authority to control the organization.
- Student organizations are required to submit a constitution and by-laws, criteria for membership, and a current list of officers to the director of student activities as a condition of institutional recognition. They are also required to submit a membership roster. Complete requirements for student organizations are listed in the Student Activities Manual.
- Campus organizations, including those affiliated with an extramural organization, shall be open to all students interested in the objectives of the organization and who meet the criteria for membership. No student may be denied membership because of race, sex, creed, or national origin.
- Freedom of Inquiry and Expression:
- Students and student organizations are free to examine and to discuss all questions of interest to them, and to express opinions publicly and privately. They are free to support causes by orderly means which do not disrupt the regular and essential operation of the institution. At the same time, it should be made clear to the academic and the larger community that in their public expressions or demonstrations, students or student organizations speak only for themselves and not for the university.
- With the approval of the Office of Student Services, student may invite and hear qualified and responsible speaker(s) of their choosing. Routine procedures required in relation to guest speakers on campus shall be designated only to insure orderly scheduling of facilities and adequate preparation for the event, and that the occasion is conducted in a manner appropriate to an academic community. The institutional control of campus facilities shall not be used as a device of censorship. Sponsorship of guest speakers does not imply advocacy or endorsement of the views expressed, either by the sponsoring group or the institution.
- Student Publications and Media
Student publications, the student press and student media are valuable aides in establishing and maintaining an atmosphere of free and responsible discussion and of intellectual exploration on the campus. They are media for bringing student concerns to the attention of the faculty and the administration and for the formulating student opinion on various issues on the campus and in the world at large.
Barry University, as publisher and manager bears the legal responsibility of the contents of the student publications and programs broadcast in student media. In the delegation of editorial responsibility to students, the university provides sufficient editorial freedom for the student publications and media to maintain their integrity of purpose as vehicles of free inquiry and free expression in the Barry University academic community.
The delegated editorial freedom of student editors and managers entails corollary responsibilities to be governed by the mission of the university and by the canons of responsible journalism and programming, such as the avoidance of libel, indecent, undocumented allegations, attacks on personal integrity and the techniques of harassment and innuendo.
As safeguards for the delegated editorial freedom of student publications, the following provisions are made:
- Editors and managers of student publications shall be protected from arbitrary suspension and removal because of student, faculty, administrative, or public disapproval of editorial policy or content. Only for proper and stated causes shall editors and managers by subject to removal, and then by orderly and prescribed procedures.
- All university published and financed student publications and medial shall explicitly state on the editorial page and on the air that the opinions therein expressed are not necessarily those of Barry University or of the student body.