Chapter 6: Appendix
APPENDIX M. Family
Educational Rights and Privacy Act Policy
PART I. Introduction
SECTION 06M.101 FERPA
06M.101.A. The Family Educational Rights and Privacy Act of 1974, as
amended, commonly known as FERPA, provides students with a right of access to
their education records, permits students to challenge the accuracy of the records
and prohibits the non-consensual release of such information except in limited
circumstances (see Parts II and V below).
06M.101.B. This policy applies to all students in attendance at
Miami University. In accordance with the federal regulations implementing FERPA,
Miami defines in attendance for first time students as having accepted
the University's offer of admission and made the required deposit. Thereafter,
a student is deemed to be "in attendance" during all periods of enrollment,
during breaks between terms, during University holidays and vacations, and during
periods of suspension.
06M.101.C. The University informs students of their rights under FERPA
by annual publication of the University policy in the Student Handbook and
by publication of annual notification of rights in The Miami Student.
PART II. Directory Information
SECTION 06M.201 Definition
06M.201.A. Directory information may be released to anyone without the
student's consent. Miami University has designated the following as directory
information:
- name, campus address, home address, telephone listing and campus e-mail address;
- age and date of birth;
- name and address of parent(s) or guardian(s);
- major field(s) of study, including the college, division, department or program
in which the student is enrolled;
- classification as a freshman, sophomore, junior, senior or graduate student;
- dates of enrollment and current enrollment status;
- degrees (including date of graduation) and honors awarded, including Dean's
List, honorary organizations and grade point average of students selected;
- most recent educational institution attended;
- photographic, video, or electronic images taken and maintained by the University;
- participation in officially recognized activities and sports;
- weight and height of members of athletic teams.
06M.201.B. A student has the right to refuse to permit the designation
of any or all of the categories of directory information. Any student wishing
to exercise this right must inform the Registrar in writing on or before July
15 of the categories of personally identifiable information that are not to be
designated as directory information with respect to that student.
PART III. Access to Student Records
SECTION 06M.301 Access to Own Records
06M.301.A. A student who is currently attending or who has been enrolled
as a student at Miami University may have access to his or her education records
with certain exceptions that are listed below. An educational record is defined
as material that is directly related to the student maintained by the institution.
The material is covered by the policy as long as the institution uses it for making
decisions about the student or for transmitting information to others outside
of the institution. Education records kept by the University are defined in Appendix
K.
06M.301.B. A request to review such education records shall be
made in writing by the student to the office concerned. The institution or office
concerned shall respond to the request within a reasonable period of time, but
not to exceed 45 days after the day of the request. Upon written request, a student
will be provided with a copy of the education record at a reasonable cost.
SECTION 06M.302 Records Not Subject
to Inspection
The following records shall not be subject to inspection by students:
A. Private notes and materials such as grade books used by faculty and staff.
B. Financial records of the parents of the students or information from such
records. Information from the Parents' Confidential Statement may be released
to the student only on the condition that the proper authorization has been given
by the parent(s).
SECTION 06M.303
Non-Admitted Students
This policy does not extend to rejected applicants for admission.
PART IV. Waiver of Access
SECTION 06M.401
06M.401.A. Students may waive in writing their right of access to confidential
letters of recommendation respecting admission, employment, or the receipt of
an honor.
06M.401.B. On request, students will be notified of the names of all
persons making confidential recommendations; such recommendations must be used
solely for the purpose for which they were intended.
PART V. Disclosure of Information
SECTION 06M.501 Conditions for Disclosure
Personally identifiable information will not be released from an education record
without the prior written consent of the student, except under one or more of
the conditions listed below.
06M.501.A. The disclosure is to University officials with legitimate
educational interests. A University official has a legitimate educational interest
if the official needs to review an education record in order to fulfill his or
her professional responsibility. A University official is any of the following:
- A person employed by the University in an administrative, supervisory, academic,
research or support staff position (including law enforcement personnel and health
services staff).
- A person or company with whom the University has contracted (such as an attorney
or auditor or collection agent).
- A person serving on the Board of Trustees.
- A student serving on an official committee such as a disciplinary board or
grievance committee or assisting another University official in performing his
or her tasks.
06M.501.B. The disclosure is to officials of another school where the
student seeks or intends to enroll.
06M.501.C. The disclosure is to the Comptroller General, The Secretary
of Education, state educational authorities or authorized representatives of the
Attorney General for law enforcement purposes.
06M.501.D. The disclosure is in connection with financial aid for which
the student has applied or which the student has received to determine eligibility
for aid, the amount of aid, the conditions of aid or enforcement of the terms
and conditions of aid.
06M.501.E. The disclosure is to organizations conducting studies for
or on behalf of educational agencies or institutions.
06M.501.F. The disclosure is to accrediting organizations to carry out
accrediting functions.
06M.501.G. The disclosure is to parent(s) of a dependent student, as
defined by Section 152 of the Internal Revenue Code.
06M.501.H. The disclosure is to comply with a judicial order or a lawfully
issued subpoena. The University will make a reasonable effort to notify the student
of the order or subpoena in advance of compliance, unless the subpoena is a federal
grand jury subpoena or other subpoena issued for law enforcement purposes and
directs otherwise.
06M.501.I. The disclosure is in connection with a health or safety emergency
if necessary to protect the health or safety of the student or other individuals.
06M.501.J. The disclosure is to a parent or legal guardian of a student
under the age of 21 of information regarding any violation of any federal, state,
or local law or of any rule or policy of the University governing the use or possession
of alcohol or a controlled substance if the University has determined that the
student has committed a disciplinary violation with respect to such use or possession.
06M.501.K. The disclosure is of the final results of any disciplinary
proceeding conducted by the University against a student who is an alleged perpetrator
of any crime of violence (as that term is defined in section 16 of title 18, United
States Code) or a non-forcible sex offense, if the University determines as a
result of the disciplinary proceeding that the student committed a violation of
the institution's rules or policies with respect to such crime or offense. The
information shall include only the name of the student, the violation committed
and any sanctions imposed by the University on the student. The University may
include the name of any other student such as a victim or witness, only with the
written consent of that other student. The University will notify victims of sexual
assault of the outcome of any disciplinary proceeding against the alleged perpetrator.
SECTION 06M.502 Additional Rules
of Disclosure
06M.502.A. A record of any disclosures made will be maintained and the
student is entitled to inspect and review that record.
06M.502.B. Confidential information will be transferred to a third party
only 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.
06M.502.C. No person, agency, or organization other than those identified
in this Part V will have access to such records before indicating in writing the
legitimate educational or other interest of the person, agency, or organization.
Such record shall be kept with the student's file and shall be open to inspection
only by the student, the responsible administrator and his or her staff, and persons
specifically authorized by law. No notation is required for access by University
employees in the normal course of their duties.
PART
VI. University Policy and Procedure on a Student's Right to Inspect and Review
Personally Identifiable Records and the Right to Challenge the Content of Those
Records
SECTION 06M.601 Inspection and Review
of Records
Present and former students of Miami University have the right to inspect and
review their education records. The University will respond to any reasonable
request for explanation and interpretation of records.
06M.601.A. A student may request the opportunity to inspect and review
his or her records. Such a request must be made in writing.
601.A.1. The request should be made to the chief administrator or designee(s)
(e.g., the Registrar, Bursar, dean or chair of academic department) of the office
in which the records are on file.
601.A.2. A request must specify records to be inspected and reviewed, the purpose
of the disclosure and to whom the records are to be released.
06M.601.B. A request by a student to inspect and review his or her records
will be granted within a reasonable period of time, but such time is not to exceed
45 days after the request has been received by the department.
06M.601.C. Records will be inspected and reviewed by the student in the
presence of the chief administrator or designee(s).
601.C.1. Contested records may not be changed or deleted during the process
of inspection and review.
601.C.2. The student shall be advised of the student's right to challenge the
content of the records and be advised to review this policy.
601.C.3. Upon written request the student shall be provided with a copy of that
portion(s) of his or her education record at a reasonable cost to the student.
SECTION 06M.602 Challenging Contents
of Records
06M.602.A. Request to Amend. If the student believes the education records
of the student contain information that is inaccurate, misleading or in violation
of the student's rights of privacy or other rights, the student may ask the chief
administrator of the office in which the records are maintained to amend the record.
The chief administrator shall advise the student in writing within a reasonable
time of the chief administrator's decision. If the chief administrator decides
not to amend the record as requested, the chief administrator shall inform the
student of the student's right to a hearing and give the student a copy of this
policy.
06M.602.B. Hearing
602.B.1. Request
— The student may request in writing a hearing to challenge the content
of the student's education records on the grounds that the information contained
in the education records is inaccurate, misleading, or in violation of the privacy
or other rights of the student. The written request shall be delivered to the
Office of the Secretary of the University.
602.B.2. Hearing
— The hearing shall be held before the Secretary of the University or, at
the Secretary's discretion, a committee appointed by the Secretary, within a reasonable
time after receipt of the request. Notice of the time, date and place of the hearing
shall be given in writing to the student at least three (3) working days in advance
of the hearing. The student will be given a full opportunity to present evidence
that the information contained in the education records is inaccurate, misleading
or in violation of the privacy or other rights of the student. The student may,
at the student's own expense, be represented by one or more individuals of his
or her own choice including an attorney.
06M.602.C. Decision. The Secretary of the University's (or committee's)
decision will be made in writing within ten (10) business days after the hearing.
The decision will be based solely on the evidence presented at the hearing, and
will include a summary of the evidence and the reasons for the decision. If the
Secretary of the University (or committee) determines that the information in
the education record is not inaccurate, misleading or otherwise in violation of
the privacy or other rights of the student, the Secretary of the University shall
inform the student of the student's right to place a statement in the education
record commenting on the contested information or stating why he or she disagrees
with the decision.
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