Current through Register Vol. 24-18, September 15, 2024
(1) The
university shall not permit access to or the release of education records or
personally identifiable information contained therein, other than "directory
information" (as defined in subsection (5) of this section), without the
written consent of the student, to any party other than the following:
(a) University staff and faculty, and
students when officially appointed to a faculty council or administrative
committee, when the information is required for a legitimate educational
interest in support of the university's mission of education, research and
public service and within the performance of their responsibilities to the
university. The use of such information will be strictly limited to the
performance of those responsibilities.
(b) Authorized representatives of the
comptroller general of the United States, the Secretary of the U.S. Department
of Education, or state or local authorities requiring access to education
records, in connection with the audit or evaluation of a federally or
state-supported education program or in connection with the enforcement of the
federal or state legal requirements which relate to such a program.
(c) Agencies or organizations requesting
information in connection with a student's application for, or receipt of,
financial aid if the information is necessary to determine:
(i)
(A)
Eligibility for financial aid;
(B)
The amount of financial aid; or
(C)
The conditions for financial aid;
(ii) Or, enforce the terms and conditions of
financial aid.
(d)
Organizations conducting studies for or on behalf of the university or
educational agencies or institutions for purposes of developing, validating, or
administering student aid programs, or improving instruction or student
services, if such studies are conducted in such a manner as will not permit the
personal identification of students or their parents by persons other than
representatives of such organizations, and such information will be destroyed
when no longer needed for the purposes for which it was provided.
(e) Accrediting organizations in order to
carry out their accrediting functions.
(f) Any person or entity designated by
judicial order or lawfully issued subpoena, or as a consequence of the
university initiating legal action against a parent or student, upon condition
that the university makes a reasonable effort to notify the student of all such
orders or subpoenas or of its intent to release records in advance of
compliance or release, unless directed otherwise by the court issuing the
subpoena. Any university individual(s) or office(s) receiving a subpoena or
judicial order for education records should immediately notify the attorney
general's division.
(g) Alleged
victims of a crime of violence or a nonforcible sexual offense requesting the
final results of disciplinary proceedings conducted by the university under its
student conduct code against the alleged perpetrator of such crime with respect
to such crime.
(h) To others, the
final results of a disciplinary proceeding when, at its discretion the
university believes that disclosure will serve a legitimate educational
interest, and determines through a disciplinary proceeding conducted under its
student conduct code that the alleged student perpetrator committed a crime of
violence or a nonforcible sexual offense that is a violation of the
university's rules or policies with respect to such crime or offense. For
purposes of this subsection, "final results" means the name of the student
perpetrator, the violation committed, and any sanction imposed by the
university on that student. Names of other students involved in the violation,
such as a victim or witness, will be released only with the written consent of
that other student or students.
(i)
For the purpose of (g) and (h) of this subsection, a "crime of violence" means:
(i) An offense that has an element the use,
attempted use, or threatened use of physical force against the person or
property of another, or
(ii) An
offense that is a felony and that, by its nature, involves a substantial risk
that physical force against the person or property of another may be used in
the course of committing the offense.
(j) Victims alleging a sexual offense shall
be notified of the outcome of disciplinary proceedings through the student
conduct code (chapter 478-121 WAC).
(k) Officials of another institution of
postsecondary education where the student seeks to enroll; the university shall
provide the student a copy of the records released.
(l) Officials of another postsecondary
institution or educational agency in which the student is enrolled or from
which the student receives services when there is a legitimate educational
interest.
(m) State or local
officials or authorities, if a state statute adopted before November 19, 1974,
specifically requires disclosures to those officials and authorities. The
university may limit the number and type of officials to whom disclosure will
be made under this subsection.
(n)
A parent of a minor student or a nonminor dependent student, as defined in the
Internal Revenue Code and upon submission of a copy of the most recent Internal
Revenue Service annual tax return showing the student as a dependent.
(o) When, at its discretion, it believes that
disclosure will serve a legitimate educational interest, the university may
release to a parent or legal guardian of a student, information regarding that
student's violation of any federal, state, or local law, or of any rule or
policy of the university, governing the use or possession of alcohol or a
controlled substance if:
(i) The student is
under the age of twenty-one, and
(ii) The university determines that the
student has committed a disciplinary violation with respect to such use or
possession.
(p)
Appropriate persons in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the student or
other individual(s).
(q)
Appropriate persons for whom information about the student's
university-sponsored student health insurance status is necessary to protect
the welfare of the student (e.g., to pay premiums, provide medical treatment,
process claims).
(r) For deceased
students, members of the family or to other persons with the approval of the
family or representatives of the estate. The request for education records must
be accompanied by a copy of the death certificate or obituary. Absent approval
from the family or representative of the estate, directory information only
will be released to persons upon request.
(2) Where the consent of the student is
obtained for the release of education records, it shall be in writing, signed
and dated by the student, or through the use of computer technology if the
identification of the requesting student can be verified by the university, and
shall include:
(a) A specification of the
records to be released,
(b) The
reasons for such release, and
(c)
The names of the parties to whom such records may be released.
(3) The university shall keep with
the education record released, a log which will indicate the parties which have
requested or obtained access to a student's records maintained by the
university, including the names of additional parties to whom the receiving
party was permitted by the university to disclose the record, and which will
indicate the interest claimed by the requesting party. The university need not
maintain a log of releases made to university officials who have been
determined to have a legitimate educational interest; releases to the student;
releases made pursuant to a student's written consent, or releases of directory
information only. The log of disclosure may be inspected and reviewed by the
student, the university official responsible for the custody of the records,
and other authorized parties.
(4)
Education records, other than directory information, released to third parties,
with or without student consent, shall be accompanied by a written statement
indicating that the information cannot be subsequently released to any other
parties without obtaining consent of the student and must be destroyed when no
longer needed for the purposes for which it was provided. Third parties and
their agents may use such information only for the purposes for which it was
released.
(5) The term "directory
information" used in WAC
478-140-024(1)
is defined as a student's name, street address, email address, telephone
numbers, date of birth, major and minor field(s) of study, class, participation
in officially recognized activities and sports, weight and height if the
student is a member of an intercollegiate athletic team, dates of attendance,
degrees and awards received, and the most recent previous educational agency or
institution attended by the student. Students may restrict release of directory
information, or remove a previous directory release restriction, by going to
the registration office (225 Schmitz Hall) in person and presenting photo
identification, or using STAR online.
Statutory Authority:
RCW
28B.20.130. 99-12-110, §
478-140-024, filed 6/2/99,
effective 7/3/99. Statutory Authority:
RCW
28B.20.130(1). 79-05-025
(Order 79-1), §
478-140-024, filed 4/18/79; Order
75-1, §
478-140-024, filed
3/5/75.
