Ohio Administrative Code
Title 3356 - Youngstown State University
Chapter 3356-8 - Student Code of Conduct; Support and Assitance to Veterans
Section 3356-8-04 - Privacy and release of student education records: The Family Educational Rights and Privacy Act (FERPA)
Universal Citation: OH Admin Code 3356-8-04
Current through all regulations passed and filed through September 16, 2024
(A) Policy statement. This policy governs the confidentiality of educational records and provides processes for students and parents to access their records.
(B) Purpose. The Family Educational Rights and Privacy Act ("FERPA") 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. A notice regarding the rights of students with respect to records maintained by the university and the university's procedures to comply with these requirements are available on the university's electronic catalog and on the registrar's webpage at http://cms.ysu.edu/administrative-offices/registrar/undergraduate-and-graduate-policies.
(C) Definitions.
(1) "Education records" are 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 Youngstown
state university police 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 created or received after a
student is no longer in attendance, i.e., alumni records.
(e) Grades or peer-graded papers before they
are collected and recorded by a professor.
(2) All records pertaining to students which
are maintained by university offices are official university records and, as
such, remain the property of the university. University employees are not
permitted to access, utilize, share or copy student educational records for
their personal use.
(3) Each
university unit has an obligation to keep a record of requests and disclosures
of student education records 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.
(D) Right to inspect and review. Students are granted the right to inspect and review all of their educational records except the following:
(1) Financial records of
parents.
(2) Confidential letters
and statements of recommendation placed in education records prior to January
1, 1975.
(3) 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.
(E) 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 recommendations will be made available. Employees or agents of the university may not require a student to waive their right of access for receipt of university benefits or services.
(F) Procedures for inspection and review.
(1)
Requests to review one's own records must be made separately, in writing, to
each office maintaining records. That office has forty-five days to respond to
requests to review and inspect. However, arrangements will be made as
expeditiously as possible.
(2)
Information contained in education records will be fully explained and
interpreted to students by university personnel assigned to and designated by
the appropriate office.
(3)
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).
(G) Right to request amendment of information in records.
(1) Students have a right to
challenge the content of their education records if they consider the
information contained therein to be inaccurate, misleading, or otherwise in
violation of their privacy rights.
(2) This process includes an opportunity for
amendment of the records or insertion of written explanations by the student
into such records.
(3) The right to
challenge grades does not apply under FERPA unless the grade assigned was
inaccurately recorded, under which condition the record will be
corrected.
(H) Procedures for hearing to challenge records.
(1) Students challenging information in their
records must submit in writing a request for a hearing to the office of the
university registrar listing the specific information in question and the
reasons for the challenge. If the responsible office denies the request for
amendment, the university will notify the student, in writing, and advise of a
right to a hearing.
(2) Hearings
will be conducted by a university official who does not have a direct interest
in the outcome of the hearing.
(3)
Students shall be afforded a full and fair opportunity to present evidence
relevant to the reasons for the challenge, as referenced in paragraph (G) of
this rule.
(4) 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.
(5) 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 ten 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.
(6) 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.
(I) Consent for release required. Consent must be obtained from students for the release of education records or information contained in 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.
(J) Release without consent.
(1) The university
reserves the right to verify the accuracy of any information contained in what
purports to be an official university document (e.g., a transcript or diploma)
or that is provided to a third party. In addition, degrees (any honors, majors,
minors and specializations) are considered public information since they are
conferred in a public ceremony.
(2)
The requirement for consent does not apply to the following:
(a) Requests from faculty and staff of
Youngstown 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. 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, maintaining safety and security of the campus, or
performing any function of the university.
(b) Requests by officials of another
institution where the student seeks to enroll or is already enrolled for
purposes related to enrollment or transfer.
(c) Requests in compliance with a lawful
subpoena or judicial order.
(d)
Requests in connection with a student's application for or receipt of financial
aid.
(e) Requests by state
authorities and agencies specifically exempted from the prior consent
requirements by FERPA 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 data is destroyed when no longer needed.
(f) Information submitted to accrediting
organizations.
(g) Requests by
parents of a dependent student when claimed by a parent on one's federal income
tax return.
(h) In the case of a
health or safety emergency, the university may release information from
education records to appropriate persons in connection with an emergency if the
knowledge of such information is necessary to protect the health or safety of a
student or other persons.
(i) To
authorized federal officials who have need to audit and evaluate
federally-supported programs.
(j)
The results of any disciplinary proceeding conducted by the university against
an alleged perpetrator of a crime of violence or non-forcible sex offense to
the alleged victim of that crime.
(k) Disclosure to a parent of an underage
student in violation of university policy governing the use or possession of
alcohol or drugs.
(l) Request for
directory information, as referenced in paragraph (K) of this rule.
(K) Directory information.
(1) Youngstown state university,
in accordance with FERPA, has designated the following information about
students as public (directory) information:
(a) Name.
(b) Address (local, home, and
email).
(c) Telephone (local and
home).
(d) Program of study
(including college of enrollment, major, and campus).
(e) Enrollment status (full-time, part-time,
withdrawn).
(f) Dates of attendance
and graduation.
(g) Degrees,
honors, and awards received.
(h)
Previous educational agencies or institutions attended.
(i) Participation in officially recognized
activities and sports.
(j) Weight
and height of members of intercollegiate athletic teams.
(2) Students have the right to have this
directory information withheld from the public if they so desire. Each student
who wants all directory information to be withheld shall so indicate by
completing a "Student Privacy Hold Form," which can be obtained from the office
of the university registrar. At least ten days should be allowed for processing
of these requests.
(3) Youngstown
state university receives many inquiries for directory information from a
variety of sources, including friends, parents, relatives, prospective
employers, other institutions of higher education, honor societies, licensing
agencies, government agencies, and the news media. Each student is advised to
carefully consider the consequences of a decision to withhold directory
information. The university, in all good faith, will not release directory
information requested to be withheld, and any requests from persons or
organizations outside the university will be refused unless the student
provides written consent for the release.
(4) The university publishes email student
directory information on its website.
(L) Complaints, concerns, or suggestions. Any student who has reason to believe that the university is not complying with FERPA or this policy should inform the office of the university registrar in writing. The university registrar shall promptly review all such allegations.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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