The Family Educational Rights and Privacy Act of 1974 (FERPA, also known as the “Buckley Amendment”), guarantees certain rights for students and eligible parents regarding access to, confidentiality of, and correction of the student’s education records. FERPA provides that a student may inspect his or her education records. If the student finds the records to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights, the student may request amendment to the record. FERPA also provides that a student’s personally identifiable information may not be released to someone else unless (1) the student has given a proper consent for disclosure or (2) provisions of FERPA or the corresponding federal regulations issued pursuant to FERPA permit the information to be released without the student’s consent.

Disclosure of Directory Information

The university may release the following directory information to the public without the student’s consent: name; class; college and major; dates of attendance; degree(s) earned; honors and awards received, including selection to the dean’s or chancellor’s list, honorary organization, or the GPA range for the selection; local address; local or contact telephone number; UNCW electronic mail address; most recent previous educational institution attended; date and place of birth; participation in officially recognized activities and sports; and the weight and height and date of birth of members of athletic teams.

Under FERPA, the student has the right to request that the disclosure of directory information be withheld. If a student wishes to have the student’s directory information withheld, they must complete a “Request to Prevent Disclosure of Directory Information” form in the Office of the Registrar. To be omitted from the University’s printed Telephone Directory, the student should decline to submit the “University Telephone Directory” form.

Disclosure of Personally Identifiable Information

The university may release personally identifiable information from student education records without the student’s consent to school officials who have a legitimate educational interest to access the records

“Education records” mean records that are maintained by UNCW in any media (e.g. paper, electronic, digital image, film, video, audio tape) which contain information directly related to a student and are personally identifiable to a student. Education records do not include

1. Personal records of university employees that are in the sole possession of the maker (i.e. notes of conversations), are used only as a personal memory aid, and are not accessible or revealed to any individual except a temporary substitute;
2. Records of the UNCW police department used for law enforcement purposes;
3. Student medical and counseling records maintained and used only in connection with provision of medical treatment or counseling of the student and are made available only to the individuals providing the treatment;
4. Employment records unrelated to the student’s status as a student (these records are covered under the N.C. Personnel Records Act); or
5. Records which contain information about a student after he or she is no longer in attendance at the university.

 

“School official” means:

1. An employee, agent or officer of the university or The University of North Carolina’s General Administration in an administrative, supervisory, academic or research, or support staff position and acting in his or her official capacity, including a student assisting another school official in performing his or her tasks;
2. A person serving on university committees, boards, and/or councils, including a student serving on a disciplinary or grievance committee;
3. Another educational institution that requests records for a particular student who seeks or intends to enroll; and
4. A person or company with whom the university has contracted (e.g. internship and clinical facilities, attorney, auditor, or collection agent) but limited to only the specific student information needed to fulfill the contract.

“Legitimate educational interest” means a school official who is performing an authorized task or an activity that he or she is undertaking in the name of the university for which access to an educational record is necessary or appropriate to fulfill his or her professional responsibilities for the university.

“Student” means an individual who is or has been in attendance at UNCW. It does not include persons who have been admitted but did not attend the university. For the purposes of this policy, “attendance” starts with orientation and includes in person or by distant education and the period during which an individual is working under a UNCW work-study program.

In addition, the university may disclose personally identifiable information from a student’s educational records without a student’s consent to either individuals or entities permitted such access under applicable federal law and regulations. Such exceptions include, but are not limited to, the following situations: to comply with a lawfully issued subpoena or court order; to protect the health and safety of the student or others in an emergency; in litigation or for implied waivers by the student.

Alcohol and Drug Violations and Violent Crimes

Unless there are extenuating circumstances, the university will not generally notify parents or legal guardians of students under the age of 21 of the first time alcohol violation. Parents and guardians will be notified if the student is determined by the university to be a danger to himself/herself, others, or to property

The university may notify parents and legal guardians of all second and subsequent alcohol violations. For purposes of determining what constitutes a second or subsequent violation, multiple related violations during a single incident will be treated as one offense. Offenses occurring prior to the date of this regulation will not be considered

The university may notify parents or legal guardians of students under the age of 21 of any drug violations.

The university may disclose the final results of disciplinary proceedings in which a student is found to have committed a violent crime or non-forcible sex offense. Disclosure is limited to the name of the violator, the type of violation, and the sanction. Disclosure to victims may be made regardless of whether the alleged violator was found responsible. Disclosure to third parties may be made only if the alleged violator is found responsible

Inspection and Review of Records

FERPA provides students with the right to inspect and review (within 45 days of request) information contained in their education records (as defined above), challenge the contents of their education records and to have a hearing if the outcome of the challenge is unsatisfactory (see below), and to submit explanatory statements for inclusion in their files if they feel the decisions of the hearing panels to be unacceptable

The registrar has been designated by the university to coordinate the inspection and review procedures for student education records. Such records are maintained at several locations on the campus. The locations are shown in Appendix A to this policy, together with the title of the official custodian to be contacted for access to the records. A written request may be required. Students wishing to review their education records must make written requests to the administrator shown there. If the student is uncertain as to the location of a particular record, a written request should be addressed to the registrar listing the item or items of interest

Students may have copies made of their records unless a financial “hold” has been placed on the record by an appropriate university official. Such copies will be made at no cost to the student unless the costs exceed $50.00.

Students may not inspect and review the following, as specified in FERPA: financial information submitted by their parents; confidential letters and recommendations associated with admissions, employment or job placement, or honors to which they have waived their rights of inspection and review; or education records containing information about more than one student, in which case the institution will permit access only to that part of the record which pertains to the inquiring student. The university is not required to permit students to inspect and review confidential letters and recommendations placed in their files prior to January 1, 1975 , providing those letters were collected under established policies of confidentiality and were used only for the purposes for which they were collected.

Amendment of Student Record

If a student believes that the information contained in his/her education records is inaccurate or misleading, or that it violates privacy or other rights, the student may request that the university amend the record. Such request shall be in writing addressed to the registrar, and shall specify the amendment sought

The registrar or his/her designee shall, within 30 days after receiving the student’s request, and after consulting with appropriate university officials, decide whether the record will be amended in accordance with the request, and inform the student. If the decision is to refuse to amend the record in accordance with the request, the registrar shall simultaneously advise the student that he/she may request a hearing to challenge the content of the education record to ensure that the information therein is not inaccurate, misleading or otherwise in violation of the privacy or the rights of the student.

If the registrar receives a request for a hearing, he/she shall request that the chancellor appoint a panel of three university faculty or staff members to conduct the hearing. Persons appointed shall be individuals who have no direct interest in the outcome of the hearing. The chancellor shall designate the chair of the panel and shall provide the panel such assistance as deemed appropriate

The chair of the hearing panel established as in Section IV.C. above shall notify the student and the registrar of the date, time and place of the hearing at least five days before the hearing.

The student shall be afforded a full and fair opportunity to present evidence relevant to the issue whether the information in the student’s education record is inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights. The student may be assisted by individuals of his/her choice at his/her own expense, including an advisor.

The registrar or persons appearing in his/her behalf shall be afforded a like opportunity.

The panel shall make its decision solely on the basis of the evidence presented at the hearing. The decision of the panel shall be in writing and shall include a summary of the evidence and the reasons for the decision.

If the opinion of the panel is that the information in the student’s record is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, the committee shall forward to the chancellor its written recommendation. The chancellor will forward to the student a decision in ten class days.

If the panel decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the student of the right to place in the education record a statement commenting on the records and setting forth the reasons for disagreeing with the agency or institution. Such statement shall thereafter be maintained as part of the education record and thereafter disclosed to any party to whom the contested record is disclosed.

If the student believes that the procedures determining the challenge were unfair or not in keeping with FERPA requirements, he/she may direct a written appeal to the chancellor.

Students who believe that the adjudications of their challenges were unfair, or not in keeping with FERPA may request in writing, assistance from the chancellor. Further, students who believe that their rights have been abridged, may file complaints with the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202, concerning the alleged failures of the university to comply with the law. For further information, students may consult the registrar, who has available copies of the statute and the Department of Education’s regulations