Ohio Administrative Code
Title 3359 - University of Akron
Chapter 3359-11 - Polilcies on Hiring Policies and Benefits
Section 3359-11-08 - Policies and procedure for student records
Universal Citation: OH Admin Code 3359-11-08
Current through all regulations passed and filed through September 16, 2024
(A) Introduction.
(1)
The purpose of the policy outlined in this document is
to implement and comply with the provisions of the family educational rights
and privacy act ("FERPA"). The university of Akron is committed to this
policy.
(2)
In case any student believes that the university is
violating "FERPA", the student has a right to file a complaint with the U. S.
department of education. The address for a student to file a complaint is set
forth in the annual notification published by the university via electronic
mail.
(B) Definitions.
(1)
For purposes of this policy, the university uses the
following definitions of terms.
(a)
Student. An individual who is receiving or who has
received instruction in an on or off campus program, including an activity
which is evaluated toward a grade such as a work/study program, an academic
internship, a student teaching assignment, or a student exchange program. The
term does not apply to an individual prior or subsequent to that individual's
period of attendance at the university such as a candidate for admission, an
alumnus, or a post-graduate intern in another institution.
(b)
Education
records. Any record (in handwriting, print, tape, film or maintained on any
other medium) maintained by the university, an employee of the university, or
an agent of the university which is directly related to a student,
except:
(i)
A
personal record kept by a university staff person or agent which meets the
following test:
(a)
It was made as personal memory aid.
(b)
It is in the sole
possession of the person who made it.
(c)
The information
contained in it has never been revealed or made available to any other
person.
(ii)
An employment record used only in relation to an
individual's employment by the university. However, the records related to a
student's employment are education records when:
(a)
The position in
which the student is employed depends upon his or her status as a
student.
(b)
The student receives a grade or credit based upon his
or her performance as an employee.
(iii)
Records
connected with an individual's application for admission to the university
prior to his or her actual attendance as an enrolled student. This includes
records connected with an application for admission to one of the colleges
within the university prior to the individual's actual enrollment and
attendance in that college.
(iv)
Records which
relate to an individual as an alumnus after the individual no longer attends or
participates in an education activity for which the university awards a grade
or credit.
(v)
Records maintained by the university police department
used only for law enforcement purposes which shall only be disclosed as
required by law. No university official or employee, other than persons
involved with the university police department, shall have access to those law
enforcement records.
(vi)
Records maintained by the university health services
department used only for the provision of medical or psychiatric treatment. In
order to maintain these records separate from education records, the university
will enforce the following conditions: No person other than the physicians,
psychiatrists, psychologists or other recognized medical professionals
providing treatment will have access to information contained in the medical
system records. However, such records may be disclosed to other persons to meet
a health and safety emergency as described in the Family Educational Rights and
Privacy Act.
(2)
Personal
identifier. Any data or information that relates a record to an individual.
This includes the individual's name, the name of the individual's parents or
other family members, the individual's address, the individual's social
security number, any other number or symbol which identifies the individual, a
list of the individual's personal characteristics, or any other information
which would make the individual's identity known and can be used to label a
record as the individual's.
(C) Annual notification.
(1)
The university will publish via electronic mail
provided to each student, a notice to students of their rights under the family
educational rights and privacy act and under this policy. Since a student's
education record will be used repeatedly by university officials and others to
make important decisions affecting the student's academic program and future
career, the student must assume a personal responsibility to make sure that his
or her education record is complete and accurate.
(2)
This provision is
intended to inform each student at the university about the university's
procedures to advise each student of his or her rights to:
(a)
Inspect and
review his or her education records.
(b)
Exercise control
(with some limitations) over disclosures of information contained in his or her
education records.
(c)
Seek to correct his or her education records, in a
hearing if necessary, when he or she believes his or her records are
inaccurate, misleading or in violation of the privacy or other rights of
students.
(d)
Report any violations of "FERPA" to the family
educational rights and privacy act office at the department of
education.
(e)
In all instances, be informed about his or her "FERPA"
rights.
(3)
The university has placed the responsibility for
administration of this policy with the university registrar, designated as the
"FERPA" coordinator. This person is responsible for the administration of this
policy and students who have problems or questions related to this policy
should contact the "FERPA" coordinator for help.
(4)
The university
may disclose information from a student's records only with the written consent
of the student, except:
(a)
To university officials who have a legitimate
educational interest in the records. A university official is:
(i)
A person employed
by the university in an administrative, supervisory, academic or research or
support staff position.
(ii)
A person appointed or elected to the board of
trustees.
(iii)
A person employed by or under contract to the
university to perform a special task, such as the attorney or
auditor.
(b)
A university official has a legitimate educational
interest if the official is:
(i)
Performing a task that is specified in his or her
position description or by a contract agreement.
(ii)
Performing a
task related to the student's education.
(iii)
Performing a
task related to the discipline of the student.
(iv)
Providing a
service or benefit relating to the student or student's family, such as health
care, counseling, job placement or financial aid.
(c)
To officials of
another school, upon written request by the student, in which a student seeks
or intends to enroll.
(d)
To officials of the U.S. department of education, the
comptroller general, and state and local educational authorities, in connection
with certain state or federally supported education programs.
(e)
In connection
with a student's request for or receipt of financial aid as necessary to
determine the eligibility, amount or condition of the financial aid, or to
enforce the terms and conditions of the aid.
(f)
If required by
any Ohio law requiring disclosure that was adopted before November 19,
1974.
(g)
To organizations conducting certain studies for or on
behalf of the university.
(h)
To accrediting organizations to carry out their
functions.
(i)
To parents of an eligible student who claim the student
as a dependent for income tax purposes. Parents will be required to provide
documentation of this relationship. Such documentation includes, but is not
limited to, a sworn affidavit stating the relevant facts and a copy of tax
returns from the year(s) in question. This information should be provided to
the "FERPA" coordinator.
(j)
To comply with a judicial order or a lawfully issued
subpoena.
(k)
To appropriate parties in a health or safety
emergency.
(l)
Directory information so designated by the
university.
(m)
The result of any disciplinary proceeding conducted by
the university against an alleged perpetrator of a crime of violence to the
alleged victim of the crime upon request.
(n)
Location of
educational records.
|
Type |
Location |
Custodian |
|
admission records |
"Simmons" hall |
director, undergraduate |
|
(undergraduate) |
admissions |
|
|
(graduate) |
polsky building |
dean, graduate studies |
|
academic records |
"Simmons" hall |
university registrar |
|
health records |
health services student recreation & wellness center |
director, health services |
|
financial aid records |
"Simmons" hall |
director, student financial aid |
|
career services records |
center for career management student union |
director of center for career management |
|
progress records |
dean's office at each college or department, faculty office at each college or department |
dean of the college or chair of department, faculty at each college or department |
|
disciplinary records |
"Simmons" hall |
assistant dean, student life |
|
occasional records (student education records not listed in the type of system above) |
"FERPA" coordinator "Simmons" hall |
university registrar |
|
admission/academic records (law) |
C. Blake McDowell law |
dean, school of law |
|
admission/academic records (Wayne college) |
Wayne college |
dean, Wayne college |
(D) Procedure to inspect education records.
(1)
The university encourages students to inspect and
review their education records at least once during each academic year, or, if
the student has a special need, more frequently. Students who wish to inspect
and review their education records should submit a written request to the
"FERPA" coordinator. The request should identify, as accurately as possible,
the specific records the student wishes to inspect and review. It may identify
records according to the types listed in this policy under locations of
education records section or as records under the custodianship of specific
university officials identified by title. Records listed in this policy as
occasional records should be identified in terms which will make it possible
for the "FERPA" coordinator to locate them and make those records available to
the student for inspection and review.
(2)
If it is mutually
convenient, the "FERPA" coordinator will allow the student to inspect the
record at once. If the student cannot inspect the records immediately, the
"FERPA" coordinator will discuss with the student the possible arrangements for
the inspection. This discussion will deal with such items as place, times,
records security, whether the inspection must be at a single location or
arranged at several locations, and whether the student will need a resource
person to explain certain records.
(3)
The "FERPA"
coordinator will make the needed arrangements and advise the student when and
where the records will be available. The procedure will be completed as
promptly as possible; but, in all cases the student will be permitted to
inspect the record within forty-five calendar days after the "FERPA"
coordinator receives the student's request.
(4)
When a record
contains personally identifiable information about more than one student, a
student may inspect only that information that relates to him or
her.
(5)
The university reserves the right to refuse to permit a
student to inspect and review the following education records:
(a)
The financial
statement of the student's parents.
(b)
Statements and
records of recommendation prepared by university officials or submitted with
the student's application for admission which were placed in the student's
records before January 1, 1975, or which the student has waived his or her
right of access in writing. Except that, if the above mentioned statement's
letters have been used for any purpose other than that for which they were
originally prepared, the student may inspect and review them.
(c)
Those records
which are excluded from the definition of education records under
policy.
(E) Fees for copies of records.
(1)
The university will charge five cents per page for the
reproduction and mailing of education records made available to the student,
with mailing charges being additional. Such copies will not be signed or
certified by the university in any way.
(2)
The university
reserves the right to deny transcripts or copies of records not required by
"FERPA" in any of the following situations:
(a)
The student has
an unpaid financial obligation to the university.
(b)
There is an
unresolved disciplinary action pending against the student.
(c)
While there is
unresolved litigation between the student and the university.
(3)
The
university will furnish, at no cost, copies of records involved in a request to
change them when the university asks the student to make a written request for
the change.
(F) Directory information.
(1)
The university
proposes to designate the personally identifiable information contained in a
student's education record listed below as directory information in order that
the university may, at its discretion, disclose the information without a
student's further prior written consent.
(a)
The student's
name.
(b)
The student's telephone number and local
address.
(c)
The student's major field of study.
(d)
The student's
extracurricular participation.
(e)
The student's
achievement and academic awards or honors.
(f)
The weight and
height of members of athletic teams.
(g)
The student's
photograph.
(h)
Years of attendance and terms enrolled.
(2)
Early
in the fall semester, the university will publish via electronic mail the items
which it proposes to designate as directory information.
(3)
After the
students have been notified by the announcement via electronic mail, the
student will be able to change online or submit the appropriate form to the
office of the university registrar for any or all of the items they do not wish
designated as directory information about themselves. If students request a
change in their list of designated directory information, this change shall
only be effective from the date they submit their signed request or online
changes.
(4)
When a student's refusal to permit the university to
designate an item of information as directory information about the student is
made, a "FERPA" restriction will notify the appropriate custodians of records
of the student's action. No further disclosures of those items of information
about the student will be disclosed without the student's prior written consent
except to parties who have legal access to student records without legal
consent.
(G) Records of request for access to and disclosures made from education records.
(1)
All requests for disclosures of information contained
in a student's education record or for access to the record (made by persons
other than university officials or the student) or those requests accompanied
by the student's prior written consent will be submitted to the "FERPA"
coordinator. The "FERPA" coordinator will approve or disapprove all such
requests for access and disclosures and, except for requests for directory
information, will maintain in his or her office a record of these actions. This
record will be the university's record of request and disclosures from
education records as required by the code of federal regulations promulgated
under "FERPA."
(2)
This record of request for and disclosures made from
education records will be available only through the "FERPA" coordinator or the
record custodians, the student or through federal, state or local officials for
the purposes of auditing or enforcing the conditions for federally supported
educational programs.
(3)
The record will include at a minimum
(a)
The name of the
person or agency that made the request
(b)
The interest the
person or agency had in the information
(c)
The date the
person or agency made the request
(d)
Whether the
request was granted and, if it was, the date access was permitted or the
disclosure was made.
(4)
The university
shall maintain this record of disclosure as long as it maintains the education
record.
(H) Procedures for correction of education record.
(1)
The university
encourages students to periodically inspect and review their education records
to make certain the records correctly reflect their academic progress and other
achievements. The university will permit students to challenge the content of
their education records to insure that the records are not inaccurate,
misleading or otherwise in violation of the privacy or other rights of
students.
(2)
For the purpose of outlining the procedures to seek to
correct education records, the term incorrect will be used to describe a record
that is inaccurate, misleading or in violation of the privacy or other rights
of students. Also, in this section, the term requestor will be used to describe
a student or former student who is asking the university to correct a
record.
(3)
If a student or former student discovers an incorrect
item in his or her education record, the student should informally discuss the
problem with the record custodian. If the custodian finds the record is
incorrect because of an obvious error, and it is a simple matter to correct to
the satisfaction of the request or, the custodian may make the
change.
(4)
If the custodian cannot change the record to the
requestor's satisfaction or the record does not appear to be obviously
incorrect, the custodian will:
(a)
Provide the requestor a copy of the questioned record
at no cost.
(b)
Ask the requestor to initiate and provide the custodian
a written request for the change.
(5)
The written
request should at least identify the item the requestor believes is incorrect
and state whether it:
(a)
Is inaccurate and why.
(b)
Is misleading and
why.
(c)
Violates the privacy or other rights of the student and
why.
(6)
The requestor must date and sign the
request.
(7)
The record custodian will then add material to support
his or her refusal to change the record pursuant to the request and send it to
the "FERPA" coordinator. The "FERPA" coordinator will examine the request,
discuss it with appropriate university officials, the university's general
counsel and other persons who might have an interest in the questioned item. At
the conclusion of the investigation, the "FERPA" coordinator will summarize his
or her findings, make a recommendation for the university's action, and deliver
the request, the custodian's statement, the summary of findings, and the
recommendation of the "FERPA" coordinator to the university's president or its
designee.
(8)
The university president or its designee will then
instruct the "FERPA" coordinator whether the record should or should not be
changed in accord with the request. If the decision is to change the record,
the "FERPA" coordinator will advise the custodian to make the change. The
custodian will then advise the requestor in writing when the record has been
changed and invite the requestor to inspect the corrected
record.
(9)
If the university's decision is that the record is
correct and should not be changed, the "FERPA" coordinator will prepare and
send the requestor a letter stating the decision. The letter will also provide
the requestor with:
(a)
The university's decision not to change the
record.
(b)
A copy of the summary of the evidence as forwarded to
the "FERPA" coordinator and a written statement of the reasons for the
university's decision.
(c)
Advice that he or she may place in the record his or
her explanatory statement giving any reasons he or she may have for disagreeing
with the university's decision and the basis for his or her belief that the
record is incorrect.
(d)
Notice that he or she may request a
hearing.
(10)
The "FERPA" coordinator will report to the university
president or its designee if the requestor asks for a hearing and recommends a
hearing officer, time and place. The president or its designee will formally
appoint a hearing officer and advise the "FERPA" coordinator of the
appointment. The "FERPA" coordinator will then arrange for the place, set a
time for the hearing, and notify the requestor of the
arrangements.
(11)
At the hearing, the requestor will be allowed a full
and fair opportunity to present evidence and testimony to support his or her
belief that the challenged material in his or her education record is
inaccurate, misleading or in violation of the privacy or other rights of
students. The university reserves the right to challenge evidence and
cross-examine witnesses, and it will allow the requestor to challenge evidence
it presents and cross-examine witnesses called in the hearing.
(12)
Within two weeks
after the hearing, the hearing officer will prepare a summary of the evidence
presented at the hearing and make a recommendation, based solely on evidence
presented at the hearing, concerning the request to change the record. The
hearing officer will present the summary of the evidence and a recommendation
to the university president or its designee.
(13)
The university
president or its designee will advise the "FERPA" coordinator of the
university's decision and provide the coordinator with a copy of the summary of
the evidence presented at the hearing.
(14)
If the
university's decision is that it should change the student's record, the
"FERPA" coordinator will advise the record custodian to make the change. The
coordinator will then advise the requestor in writing outlining the exact
changes which the custodian will make.
(15)
If the
university decides that it will not change the record, the "FERPA" coordinator
will provide a written notice to the requestor. That notice will include:
(a)
The university's
decision not to change the record.
(b)
A copy of the
summary of the evidence presented at the hearing and a written statement of the
reasons for the university's decision.
(c)
Advice to the
requestor that he or she may place in the record his or her explanatory
statement giving any reasons he or she may have for disagreeing with the
university's decision and the basis for his or her belief that the record is
incorrect.
(16)
When the university received an explanatory statement
from a requestor after a hearing, it will maintain the statement as part of the
student's education record as long as it maintains the questioned part of the
record. Whenever the questioned part of the record is disclosed, the
explanatory statement will also be disclosed.
(I) Availability of policies.
A copy of this policy will be available for student review in the office of general counsel of the university. Free copies will be made available to students upon request to the "FERPA" coordinator.
Replaces: 3359-11-08
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