Requests for Access to Student Records

The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Sec.1232g, and the Texas Public Information Act, Texas Government Code Sec. 552.001 et seq., are respectively a federal and state law that provide for the review and disclosure of student educational records. In accordance with these laws the University has adopted the following policy. Individuals are informed of their rights under these laws through this policy which is included in The University Handbook of Operating Procedures and the University Catalog.

The University will not permit access to, or the release of, personally identifiable information contained in student education records without the written consent of the student to any party, except as follows:

to appropriate University officials who require access to education records to perform their legitimate education duties
to officials of other schools in which the student seeks or intends to enroll, upon request of these officials, and upon the condition that the student be notified and receive a copy of the record if desired;
to federal, state, or local officials or agencies authorized by law;
in connection with a student's application for, or receipt of, financial aid;
to accrediting organizations or organizations conducting educational studies, provided that these organizations do not release personally identifiable data and destroy such data when it is no longer needed for the purpose it was obtained;
to the parents of a dependent student as defined in Section 152 of the Internal Revenue Code of 1954, provided a reasonable effort is made to notify the student in advance;
in compliance with a judicial order or subpoena, provided a reasonable effort is made to notify the student in advance unless such subpoena specifically directs the institution not to disclose the existence of a subpoena;
in an emergency situation if the information is necessary to protect the health or safety of the student or other persons;
to an alleged victim of any crime of violence, the results of the alleged perpetrator's disciplinary proceeding may be released;
to a parent of a student regarding the student's violation of any Federal, State, or local law, or of any University rule or policy, governing the use or possession of alcohol or a controlled substance if the University determines that the student has committed a disciplinary violation with respect to that use or possession and the student is under the age of 21 at the time of the disclosure to the parent.

The University will release information in student education records to appropriate University officials as indicated in (15.111) above when such records are needed by administrators, faculty, or staff in furtherance of the educational or business purposes of the student or University.

A record of requests for disclosure and such disclosure of personally identifiable information from student education records shall be maintained by the Registrar for each student and will also be made available for inspection pursuant to this policy. If the Institution discovers that a third party who has received student records from the Institution has released or failed to destroy such records in violation of this policy, it will prohibit access to education records by that third party for five (5) years. Respective records no longer subject to audit nor presently under request for access may be purged according to regular schedules.

Directory Information
At its discretion, the University may release Directory Information which shall include:

name;
local and permanent postal addresses;
email address;
telephone number;
place of birth;
field of study; dates of attendance;
enrollment status;
student classification (example: freshman, first year law school student)
degrees awarded;
certificates and awards (including scholarships) received;
photographs;
participation in officially recognized activities and sports;
weight and height of members of athletic teams; and
most recent previous educational agency or institution attended.

Students may have any or all Directory Information withheld by notifying the Office of the Registrar in writing each semester during the first 12 days of class of a fall or spring semester, the first 4 class days of a summer semester, or the first three days of any quarter. Request for non-disclosure will be honored by the Institution for only the current enrollment period; therefore, a request to withhold Directory Information must be filed each semester or term in the Office of the Registrar.

Access to File
Upon written request, the University shall provide a student with access to their educational records.

The Senior Vice President for Student Affairs and Enrollment Management has been designated by the Institution to coordinate the inspection and review procedures for student education records, which include admissions files and academic files.

The Senior Vice President for Business Affairs has been designated by the Institution to coordinate the inspection and review procedures for student financial files.

Students wishing to review their education records must make written requests to the Senior Vice President for Student Affairs and Enrollment Management listing the item or items of interest. Students wishing to review their financial files must make written requests to the Senior Vice President for Business Affairs listing the item or items of interest. Education records covered by the Act will be made available within 45 days of the request.

A list of education records and those officials responsible for the records shall be maintained at the Office of the Registrar. This list includes:

Academic Records: Office of the Registrar (Admissions/Registrar): College, Division, Department, and Faculty Offices
Student Services Records: Student Activities Office: Director of Student Activities, Student Services: The Vice President for Student Affairs and Leadership
Financial Records: Business Office: Vice President for Business Affairs, Financial Aid Office: Director of Financial Aid
Educational records do not include, subject to specific limitations of FERPA regulations (34 CFR Part 99):
financial records of student's parents or guardian;
confidential letters of recommendation which were placed in the educational records of a student prior to January1, 1975, and confidential letters and confidential statements of recommendation placed in the student's educational file;
records after January 1, 1975, if the student has waived, in writing, their right to inspect and review these letters and statements and those letters and statements are related to the student's admission to the University;
application for employment, or receipt of an honor or honorary recognition;
records of instructional, administrative, and educational personnel which are kept in the sole possession of the maker and are not accessible or revealed to any other individual except a temporary substitute for the maker;
records of law enforcement units;
employment records related exclusively to an individual's employment capacity;
medical and psychological records;
thesis or research papers, which may be made available to interested members of the public;
records that only contain information about an individual after the individual is no longer a student at the Institution.

Challenge to Record
Students may challenge the accuracy of their educational records. Students who believe that their educational records contain information that is inaccurate or misleading or is otherwise in violation of their privacy may discuss their problems informally with the Registrar. If agreement is reached with respect to the student's request, the appropriate records will be amended. If not, the student will be notified within a reasonable period of time that the records will not be amended, and they will be informed by the Vice President for Student Affairs and Leadership of their right to a formal hearing.

Student requests for a formal hearing must be made in writing to the Vice President for Student Affairs and Leadership who, within a reasonable period of time after receiving such requests, will inform students of the date, place, and the time of the hearing. Students may present evidence relevant to the issues raised and may be assisted or represented at the hearings by one or more persons of their choice, including attorneys, at the student's expense. The hearing officer that will adjudicate such challenges will be appointed by the Vice President for Student Affairs and Leadership in non-academic matters and by the Provost and Vice President for Academic Affairs in academic matters. Decisions of the hearing officer will be final, will be based solely on the evidence presented at the hearing, will consist of the written statements summarizing the evidence and stating the reasons for the decisions, and will be delivered to all parties concerned. The education records will be corrected or amended in accordance with the decision of the hearing officer if the decision is in favor of the student. If the decision is unsatisfactory to the student, the student may place, with the educational records, statements commenting on the information in the records or statements setting forth any reasons for disagreeing with the decision of the hearing officer, or both. The statements will be placed in the education records, maintained as part of the student's records, and released whenever the records in question are disclosed. Students who believe that the adjudications of their challenges were unfair or not in keeping with the provisions of the Act may request in writing, assistance from the President.

Copies of Educational Records
Students may have copies of their educational records and this policy. These copies will be made at the student's expense at rates authorized in the Texas Public Information Act except official transcripts will be $7.00 charged at the current rate approved as a University fee. Official copies of academic records or transcripts will not be released for students who have a delinquent financial obligation or financial "hold" at the University.

FERPA Complaints
Complaints regarding alleged failures to comply with the provisions of the FERPA may be submitted in writing to the Family Policy Compliance Office, U. S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-5920. Notice: Students are advised that research papers authorized by undergraduate students may be made available to interested members of the public.