Current through Register Vol. 24-24, December 15, 2024
(1) A student has the right to inspect and
review his or her education records. A list of the types of education records
maintained by the university and the record locations may be obtained by the
student at the registrar's office.
(a) For
purposes of this chapter the term "education records" means those records,
files, documents and other materials which contain information directly related
to a student.
(b) The term
"education records" does not include:
(i)
Records of instructional, supervisory and administrative personnel and
educational personnel ancillary thereto which are in the sole possession of the
maker thereof and which are not accessible or revealed to any other person
except a substitute or the maker's administrator.
(ii) Records of the university police
department which are maintained by the law enforcement unit of WSU that were
created by the WSU law enforcement unit for the purposes of law
enforcement.
(iii) Records made and
maintained in the normal course of business which relate exclusively to the
person's capacity as an employee and are not available for any other purposes.
Records relating to an individual in attendance at the agency or institution
who is employed as a result of his or her status as a student are education
records and not excepted under this paragraph.
(iv) Records on a student which are created
or maintained by a physician, psychiatrist, psychologist or other recognized
professional or paraprofessional, acting in a professional or paraprofessional
capacity, or assisting in that capacity and which are created, maintained or
used only in connection with the provision of treatment to the student, and are
not available to anyone other than persons providing such treatment. Such
records can be personally reviewed by a physician or other appropriate
professional of the student's choice. In addition, health care information may
be disclosed if authorized by state law.
(v) Records that contain information about an
individual after he or she is no longer a student at that agency or
institution.
(2) Recommendations, evaluations or comments
concerning a student that are provided in confidence, either expressed or
implied, as between the author and the recipient, shall be made available to
the student, except as provided in this subsection.
(a) The student may specifically release his
or her right to review where the information consists only of confidential
letters and recommendations respecting:
(i)
Admission to any educational institution, or
(ii) Employment application information and
documents filed and maintained at the student's request at the career services
office.
(iii) Receipt of an honor
or honorary recognition.
(iv)
Faculty evaluations and other education records placed in departmental files
where the department serves in a placement or referral capacity.
(b) A student's waiver of his or
her right of access to confidential statements is valid only if:
(i) The student, upon request, shall be
notified of the names of all persons making confidential statements concerning
him; and
(ii) Confidential
statements shall be used solely for the purpose for which they were originally
intended; and
(iii) Such waivers
are not required as a condition for admission to, receipt of financial aid
from, or receipt of any other services or benefits from the
university.
(iv) The waiver is made
in writing and signed by the student, regardless of age.
(c) Recommendations, evaluations or comments
concerning a student that have been provided in confidence, either expressed or
implied, as between the author and the recipient, prior to January 1, 1975,
shall not be subject to release to the student. Such records shall remain
confidential and shall be released only with the consent of the author of the
specific document. Such records shall be used by the institution only for the
purpose for which they were originally intended.
(3) Where requested records or data include
information on more than one student, the student shall be entitled to receive
or be informed of only that part of the record or data that pertains to the
requesting student.
(4) Students
have the right to obtain copies of their education records. Charges for the
copies shall not exceed the cost normally charged by a Washington State
University copy center (except in cases where charges have previously been
approved for certain specified services, such as transcripts and grade
sheets).
(5) The registrar is the
official custodian of academic records and therefore is the only official who
may issue a transcript of the student's official academic record.
(6) Student education records may be
destroyed in accordance with a department's routine retention schedule where
the departmental procedure has been approved by the university records officer.
In no case will any record which is requested by a student for review in
accordance with these regulations be removed or destroyed prior to final
disposition of the record request.
Statutory Authority: RCW 28B.30.150. 09-04-060, §
504-21-030, filed 2/2/09, effective 3/5/09. Statutory Authority:
RCW
28B.30.150 and
20 U.S.C.
1232 g. 95-07-043, § 504-21-030, filed
3/8/95, effective 4/8/95; Order 77-1, § 504-21-030, filed
5/2/77.
