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The Family Educational Rights and Privacy Act of 1974, as amended, sets forth requirements designed to protect the privacy of student educational records. The law governs access to records maintained by educational institutions and the release of information from those records. This notice is published on the web in the Master Schedule of Classes text to explain the rights of students with respect to records maintained by the University. It also outlines the University's procedures to comply with the requirements of the Act. Copies of the Act, the Federal Regulations adopted pursuant to it, and this notice are available for persons to examine in the Office of the University Registrar, 320 Lincoln Tower, 1800 Cannon Drive, Columbus, OH 43210-1230. 1. Definition of Education Record The meaning of "education records" is, with certain exemptions as listed below, those records, files, documents, and other materials which contain information directly related to a student, and are maintained by any employee or agent of the University. The following categories of information are exempted and are not considered to be "education records:" a. Records made by University personnel which are in the sole possession of the maker and are not accessible or revealed to any other person. b. Records maintained by the Office of Public Safety for law enforcement purposes. c. Medical and counseling records used solely for treatment. (Medical records may be personally reviewed by a physician of the student's choice.) d. Records only related to a former student (alumni records). Records of that individual while a student continue to be considered education records. Note: All records pertaining to students which are maintained by University offices are official University records, and as such, remain the property of the University. Each University unit has an obligation to keep a record of requests and disclosures of student record information except when the request is from the student, a University official with a legitimate educational interest, someone requesting directory information, or related to a request with consent from the student. Students have the right to review this record of requests and disclosures of student record information. 2. Right to Inspect and Review Students are granted the right to inspect and review all of their education records, except the following: a. Financial records of parents. b. Confidential letters and statements of recommendations placed in education records prior to January 1, 1975. c. Confidential letters and statements of recommendations for admission, employment, or honorary recognition placed in education records after January 1, 1975, for which students have waived their right of access. 3. Waiver of Rights of Access Students may waive their right of access to confidential letters and statements of recommendation. Even if the student signs a waiver, upon request, the names of all persons making confidential recom-mendations will be made available. Employees or agents of the University may not require a student to waive his or her right of access for receipt of University benefits or services. 4. Procedures for Inspection and Review Requests to review records must be made separately, in writing, to each office maintaining records. That office has 45 days to respond to requests to review and inspect. However, arrangements will be made as expeditiously as possible. Information contained in education records will be fully explained and interpreted to students by University personnel assigned to, and designated by, the appropriate office. |
Students have the right to review only their own records. When a record contains information about more than one student, disclosure cannot include information regarding the other student(s). 5. Right to Challenge Information in Records Students have the right to challenge the content of their education records if they consider the information contained therein to be inaccurate, misleading, or inappropriate. This process includes an opportunity for amendment of the records or insertion of written explanations by the student into such records. Note: The right to challenge grades does not apply under the Act unless the grade assigned was inaccurately recorded, under which condition the record will be corrected. 6. Procedures for Hearings to Challenge Records Students challenging information in their records must submit, in writing, a request for a hearing to the appropriate office maintaining the record, listing the specific information in question and the reasons for the challenge. Hearings will be conducted by a University official who does not have a direct interest in the outcome of the hearing. Students shall be afforded a full and fair opportunity to present evidence relevant to the reasons for the challenge, as referenced in item 5. The hearing officer will render a decision, in writing, noting the reason and summarizing all evidence presented within a reasonable period of time after the challenge is filed. Should the hearing be in favor of the student, the record shall be amended accordingly. Should the request be denied, an appeal may be made, in writing, and submitted to the University Registrar within 10 days of the student's notification of the decision of the hearing officer. The appeal shall be heard by an Appeals Board of three disinterested senior University officials and a decision rendered, in writing, within a reasonable period of time. Should the appeal be in favor of the student, the record shall be amended accordingly. Should the request be denied, the student may choose to place a statement with the record commenting on the accuracy of the information in the record and/or setting forth any basis for inaccuracy. When disclosed to an authorized party, the record will always include the student's statement and notice of the Board's decision, as long as the student's record is maintained by the University. 7. Consent for Release Required Consent must be obtained from students for the release of information from education records, specifying what is to be released, the reasons for release, and to whom, with a copy of the record sent to the student if he or she desires. 8. Release Without Consent The requirement for consent does not apply to the following: a. Requests from faculty and staff of The Ohio State University who have a legitimate education interest on a "need to know" basis, including student employees or agents of the institution, if necessary to conduct official business, as authorized by the University Registrar. Legitimate educational interest includes performing a task related to the regular duties of the employee or agent, the student's education, the discipline of a student, a service or benefit for the student, or maintaining safety and security of the campus. b. Requests in compliance with a lawful subpoena or judicial order. c. Requests in connection with a student's application for or receipt of financial aid. d. Requests by State authorities and agencies specifically exempted from the prior consent requirements by the Act--organizations conducting studies on behalf of the University, if such studies do not permit the personal identification of students to any persons other than to representatives of such organizations and if the personal identification...Goto Page 2 |