1974 Family Educational Rights and Privacy Act
I. Introduction
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.
II. Purpose
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 of 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.
IV. Definitions
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Any person who participates in any course or program of the University, either full-time or part-time, in-person or online, and whether degree-seeking or non-degree seeking. Persons who withdraw after allegedly violating the Code of Conduct, persons who are not officially enrolled at the University for a particular term but who have a continuing relationship with the University, persons who have been notified of being accepted for admission, and persons who are living in the residence halls but are not enrolled at the University are also considered Students.
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The student records maintained by the University are classified as follows:
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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.
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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.
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Conduct records are maintained under the authority of the Dean of Students Office. They include information about disposition of charges of violations of University policies and the Student Code of Conduct.
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Student financial aid records are maintained under the authority of the director of Financial Aid. They are confined to applications for financial aid and supporting letters of reference; and, notices of action on such applications. Medical, psychological, and counseling records are maintained under the authority of the Director of Student Health Services, and the Director of Counseling and Psychological Services.
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Employment records of students who are University employees but whose employment is in no way related to their academic status and records of those students employed as a part of student financial aid are maintained by Human Resources, but are not subject to the provisions of these guidelines.
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The student records maintained at the student's request by the Center for Counseling and Psychological Services are treated separately below.
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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.
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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.
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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 of Records
A student's access to his/her official academic record, conduct 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:
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Any and all documents written or solicited prior to January 1, 1975, on the presumption that they were intended to remain confidential and privileged;
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Any and all documents to which access has been waived by the student;
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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;
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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;
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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
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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.
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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
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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
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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.
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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
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Below are the policy statements and guidelines used by Barry University with regard to release of information.
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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.
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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, 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.
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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.
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Information from conduct records, as defined above, shall not be made available to persons, on or off campus, except to superiors of the Vice President for Mission and Student Engagement within the University administration, and/or to be used in the University's student conduct process without the expressed consent of the student involved.
The University will retain conduct records for seven years after graduation. Records may also be maintained for an indefinite period of time if a student (1) is expelled for conduct reasons; (2) withdraws from the University prior to resolution of a pending conduct 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.
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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.
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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.