POLICY: FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

Appendix D

POLICY: Family Educational Rights And Privacy Act ("FERPA")

Seattle Pacific University

Table of Contents

Section I Definitions Page 2

Section II Annual Notification Page 3

Section III Types, Locations & Custodians

Education Records Page 3

Section IV Disclosure of Educational Records to Student

A. Procedure for Students to Inspect Their Own

Education Records Page 4

B. Right of University to Refuse Access Page 4

C. Refusal to Provide Copies Page 5

D. Request for Copies Page 5

Section V Disclosure of Education Records to

Other than the student to whom the

Record Pertains

Disclosure of Education Records (to School

Officials and Other Authorized Officials) Page 5

Disclosure to Others Page 5
Record of Requests for Disclosure to Individuals

Other than the student or University Officials Page 6

Directory Information Page 6
Correction of Education Records Page 7

Approved by President’s Staff: October 1992

Updated Section III March 1996

Updated Section V (A&D) May 1998

Seattle Pacific University

Policy: Family Educational Rights and Privacy Act

Seattle Pacific University is committed to meeting the provisions established in the Family Educational Rights and Privacy Act (FERPA), which protects the rights of students who are attending or have attended the University.

Section I

Definitions

Student - any person who attends or has attended Seattle Pacific University.

Parent - parent of a Seattle Pacific University student, including a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian

(See p. 6, #8).

Third Parties - non-University persons or entities.

University - hereafter in this document a reference to Seattle Pacific University.

University Official - University employees who have a legitimate educational interest in the records.

Education Records - any record (in handwriting, print, tapes, film or other medium) maintained by Seattle Pacific University or an agent of the University which is directly related to a student except:

A personal record kept by a staff member, if it is kept in the personal possession of the individual who made the record, and information contained in the record has never been revealed or made available to any other person except the maker’s temporary substitute.
An employment record of an individual whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual’s employment.
Records maintained by the University’s Health & Counseling Center if the records are used only for treatment of a student and made available only to those persons providing the treatment.
Alumni records which contain information about a student after he or she is no longer in attendance at the University and the records do not relate to the person as a student.

Section II

Annual Notification

The University will notify currently enrolled students of their rights under FERPA by publishing a notice in the student handbook, and issuing the same notice in the first issue of the FALCON and the Division of Continuing Studies Bulletin published at the beginning of each autumn quarter.

The University will inform parents of their basic rights under FERPA, including how to pursue their rights, by issuing a notice in the autumn issue of the Response.

A statement attesting to the University’s commitment to FERPA will also appear in the University Catalog, as well as the bulletins distributed by the Division of Continuing Studies. This brief statement will notify students and their parents that they may obtain a complete copy of the University’s policy from the Vice-President of Student Life or University Registrar.

Section III

Types, Locations and Custodians of Education Records

Types of Record	Location	Record Custodian
Academic (e.g., transcript, transfer work, class schedule, degree requirements, probation, petitions, contracts, etc.)	Student Academic Services, Demaray Hall 120	University Registrar
Academic Progress (e.g., requirements, major)	Each school’s administrative office	School Dean
Disciplinary/Leadership Honors	Office of Campus Life, Student Union Building, 2nd floor	Dean of Students, Director of Residence Life
Financial Aid; Student Accounts	Student Financial Services, Demaray Hall 10	Director of Student Financial Services
Placement	Career Development Center, Student Union Building, 2nd floor	Career Education staff
Student Payroll	Weter Hall, upper level	Director of Finance
Security Records	Office of Safety and Security, Tiffany Hall, lower level	Director of Safety and Security
Occasional (e.g., correspondence in office not listed above)	University Registrar will collect such records, direct the student to location, or make available for inspection and review.	University staff person who maintains such occasional records.

Section IV

A. Procedure for Students to Inspect Their Education Records

To inspect or review an education record, a student must submit a written request to the record custodian or, in the case of occasional records, to the University Registrar (see Location of Education Records, page 3). The student must sign the request; describe the specific records to be reviewed; and must set forth the name under which the student attended the University, the student’s social security number, and the student’s last date of attendance. Proper picture identification must be presented before the documents may be reviewed. The record custodian, or the custodian’s designee, may waive the requirement for a written request. For example, the record custodian for student account records may waive the requirement for a written request when the student requests a copy of the current bill.

The record custodian or an appropriate designee will make the needed arrangements for access as promptly as possible and advise the student when and where the records will be available for inspection. Access will be given within 45 days or less after receipt of the written request.

Student records are destroyed (per our Records Retention Policy) three years after graduation, or seven years after last quarter attended. After this point, the file doesn’t exist for a student to inspect.

B. Right of University to Refuse Access

The University reserves the right to permit the inspection and review of:

financial statements of the student’s parents;
confidential letters and confidential statements of recommendation placed in the education record before January 1, 1975, if the student has waived his or her right to inspect and review those letters and statements, and the letters and statements relate to the student’s admission to an educational institution, application or employment, or receipt of an honor or honorary recognition; or
confidential letters and confidential statements placed in the education record after January 1, 1975 for which the student has waived the right of access in writing for admission, employment, or receipt of an honor or honorary recognition, except when these documents have been used for any purpose other than that for which they were originally intended; and
documents excluded from the FERPA definition of education records (such as those listed in Section I).

C. Refusal to Provide Copies

The University reserves the right not to provide copies of transcripts it has received from other education institutions. It also reserves the right to deny copies of the University transcripts if the student has an unpaid financial obligation to the University.

D. Request for Copies

If health reasons or extreme distance from the University prevents the student from inspecting the education record, then copies of the specific education record requested will be mailed to the student. The student must pay all copying expenses in advance of the release of the record. Official copies of the University’s transcript for the student shall be provided at the fee set forth in the University’s current Catalog. All other copies shall be made at a cost of $0.25 per page copied.

Section V Disclosure of Education Records to Other than the Student to Whom the Record Pertains

A. Disclosure of Education Records to University Officials

The University will disclose information from a student’s education records to University officials who have a legitimate educational interest in the records.

A University official has a legitimate educational interest if the official is:

performing a task or service specified in the official’s position description or contract;
performing an instructional task directly related to the student’s education;
performing a task related to the discipline of a student;
performing as a faculty advisor, graduate program director or school dean; (this pertains strictly to access to the student’s academic records);
providing a service or benefit relating to the student or student’s family, including, but not limited to, health care, counseling, job placement, financial aid, or health and safety emergency.

B. Disclosure to Others

Seattle Pacific University will disclose information from a Student’s education records to other than University Officials, only with written consent of the student, except:

To officials of another school where the student seeks or intends to enroll.
To certain authorized government representatives.
In connection with the student’s financial aid request or award and the information is necessary for certain purposes set forth in the regulations.
To organizations conducting studies for or on behalf of the University.
To accrediting organizations to carry out their accrediting function.
To comply with a judicial order or lawfully issued subpoena and the University has made a reasonable effort to notify the student of the order or subpoena in advance of compliance.
To appropriate parties in a health or safety emergency.
To the parents of a student, claimed as dependent for income tax purposes, as defined in section 152 of Internal Revenue Code of 1986, as amended.

C. Record of Requests for Disclosure to Individuals Other than the Student or University Officials

A record will be maintained of all requests for access to and disclosures of information from the education records of each student except as stated below. The record will indicate the name of the party making the request, any additional party to whom it may be disclosed and the legitimate interest the party had in requesting or obtaining the information. The record may be reviewed by the student or parent of a dependent student as stipulated above. A record of disclosure need not be kept of disclosures to the student, a University official with legitimate educational interests, a party with written consent from the student, or a party seeking directory information.

D. Directory Information

The University designates the following items as Directory information:

student’s name, address and telephone number;
email address;
photograph;
date and place of birth;
major field of study;
date of attendance;
full-time or part-time status;
degrees, awards and honors received;
dates degrees conferred;
class standing;
high school attended;
most recent previous educational institution attended by the student;
participation in officially recognized activities and sports; and
weight and height of athletic team members;
church denomination or religious affiliation.

Directory information may be released without prior written approval unless notified in writing by the student to the contrary early in the instructional quarter.

E. Correction of Education Records

Students have the right to ask to have education records corrected that they believe are inaccurate, misleading, or in violation of the privacy or other rights of the student. The following are the procedures for correcting the records.

The student must request an informal discussion of the questionable item with the Record Custodian, who may comply or may decide not to comply.
If the result of the informal discussion is not satisfactory to the student, and the student still wishes to have the record corrected, the student must submit a written request for a change in the education record. This written request must state why the education record is inaccurate, misleading, or violates the privacy or other rights of the student. This request must be given to the vice president of the area or designee to which the Record correction belongs. The area vice president shall then request a written statement from the Records Custodian that explains why the request for the change in the education record was denied at the informal stage.
After a review the area vice president will notify the student whether or not the University will comply with the change. If not, the area vice president or designee will notify the student of the right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s rights.
Upon receiving a written request for a hearing, the area vice president shall arrange for a hearing and notify the student, reasonably in advance, of the date, time and place of the hearing.
The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the University. The hearing officer shall be appointed by the President. The student will be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. The student may be assisted by one or more individuals, including an attorney.
The University will prepare a written decision based on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
If the University’s decision is that the challenged information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the record will be amended accordingly and the student will be notified in writing by the area vice president of the amendment.
If the University’s decision is that the challenged information is not inaccurate, misleading, or in violation of the student’s right of privacy, the area vice president will inform the student of the right to place a statement in the record commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision. This statement will be maintained as part of the education record as long as that record is maintained, and the statement will be disclosed whenever the Record Custodian discloses the portion of the record to which the statement relates.