ADVISORS' RESPONSIBILITIES AND STUDENTS' RIGHTS TO PRIVACY

The Family Education Rights and Privacy Act of 1974 (The Buckley Amendment) requires that educational institutions maintain the confidentiality of student education records and that students have access to them.  All records contained in a Student Advising File are considered to be confidential student education records.  This means that:

1.  The student has the right of access to his/her file contents (within 45 days from date of request) specifically including but limited to identifying data, records of completed academic work achievement test scores, attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background information, teacher and counselor ratings and observations, and verified reports of serious or recurrent behavior patterns.

The right of inspection and review does not extend to psychiatric, medical, or counseling records which are intended for personal, diagnostic, or treatment purposes only, or to items previously obtained with assurances that confidentiality would be maintained, or to faculty notes or evaluations of students that lead to the determination of a final grade.

2. The student may challenge accuracy and/or inclusion of any file contents, have a hearing if the challenged outcome is unsatisfactory, and submit explanatory statements for inclusion in the folder.

3. Education records or personally identifiable information from those records are kept confidential and will not be released to third parties without the student's written consent except for the following:

• To university personnel for legitimate purposes

• To agencies to which the student has applied to or from which they are receiving financial aid

• To persons in compliance with judicial order or subpoena

• To officials of other institutions in which the student seeks to enroll or is currently enrolled

• To accrediting agencies carrying out accreditation activities

• To federal, state, and local authorities involved in an audit, evaluation, or educational progress

• The records of students will be disclosed without written consent in a health or safety emergency, as provided by law.

• The University reserves the right to furnish parents or guardians of financially dependent students any information relating to the student's academic status. Proof of dependency is the parents' responsibility and must be furnished annually. Each year students have the right to sign an "Authorization of Grade Disclosure" form, available in the Office of Academic Records and Summer School, which then permits the university to release their mid-term and final grades to their parents.

• Records maintained by the University Police that were created by their office for the purpose of law enforcement may be released in accordance with University policy and state law without the prior consent of students.

• The Foley Amendment (1998 Reauthorization) permits the University to disclose the final results of any disciplinary proceeding conducted by the University against a student who is an alleged perpetrator of any crime of violence (see section 16 of title 18 of the U.S. Code), or a non-forceful sex offense, if the University determines as a result of disciplinary proceeding that the student committed a violation of the University's rules and policies with respect to such crime or offense.  "Final results" refer to the name of the student, the violation committed, and any sanction imposed on the student.  The names of victims and witnesses are not to be released without their written consent.

• The Warren Amendment (1998 Reauthorization) permits the University to disclose to a parent or legal guardian of a student, information regarding any violation of any federal, state, or local law, or any rule or policy of the institution, governing the use or possession of alcohol or committed a disciplinary violation with respect to such use or possession.

If released to third parties, outside the Institution, the student must be so notified prior to the release.

Academic advisors may wish to keep personal notes on advisees, separate from the student advising file and should not pass them on as part of the official student records, regardless of whether that information is contained in the student's education records.

Information not subject to the above confidentiality restriction:

Advisors are often asked for, and may share "directory information" with advisees' parents, potential employers, creditors, or others.

Institutional directory information contained in an educational record of a student which would not generally be considered harmful or an invasion of privacy if disclosed.  It includes: Students' names, home, local and e-mail addresses and telephone numbers, dates and placed of birth, major and minor fields of study, areas of certification, student activities including  athletics, weights and heights of athletic team members, dates of attendance, the number of credits for which a student is registered (full or part-time), degrees and awards received, all previous educational institutions attended, academic awards/scholarships, titles of masters thesis, etc...

Eligible students have a right to refuse to allow the Institution to print or release any or all of his or her above "directory information."