PROCEDURE NUMBER:

410.10.01E

ISSUE/EFFECTIVE DATE:
Fall 1995
Revised: July, 2012

PROCEDURE:
FERPA Policy

PURPOSE: The Family Educational Rights and Privacy Act (FERPA) is federal legislation passed in 1974 which established guidelines governing the way educational institutions maintain and supervise student records. The law (also known as the "Buckley Amendment") requires the University to notify students and parents annually on how we comply with the law's requirements. The law is intended to assure students access to their official records; to provide a means of review should a student question the accuracy of a record; to assure that these records are used for legitimate educational purposes; and to control the release of records. The law permits the release of records without the prior consent of the student to appropriate University personnel and, if the student is claimed as a financial dependent on either parent's most recent federal income tax return, to parents as well as other circumstances as set forth in the law.

For further information on FERPA, visit Monmouth University's Office of the General Counsel.

The following FERPA forms are accessible from the WEBstudent menu by selecting "e-FORMS." Once completed online, the student is to electronically submit the form(s) to the Office of Registration and Records for processing.

FORMS: FERPA - Student Release
FERPA - Do Not Disclose Directory Information
Grade Report - Student Release

REMARKS:If a student exercises his/her right to waive privacy under FERPA, the waiver will not expire unless the student provides signed written notice to do so.

DEFINITIONS

For the purposes of this policy, Monmouth University has used the following definitions of terms:

Student: any person who attends or has attended Monmouth University

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

1. 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.
2. 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.
3. Records maintained by the Monmouth University Police Department if the record is maintained solely for law enforcement purposes.
4. Records maintained by the Health Center if the records are used only for treatment of a student and made available only to those persons providing the treatment.
5. Alumni records that 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.
6. Financial records of student's parents.
7. Certain confidential letters of recommendation.

Students will be notified of their FERPA rights annually by publication in the Student Handbook, in the University's catalogs, and in the course schedules.

Students may inspect and review their education records upon request to the appropriate record custodian.

Students should submit to the record custodian or an appropriate University staff person a written request that identifies as precisely as possible the record or records he or she wishes to inspect.

The record custodian or an appropriate University staff person will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. The law states that access must be given in 45 days or less from the receipt of the request.

Monmouth University reserves the right to refuse to permit a student to inspect the following records:

1. The financial statements of the student's parents
2. Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in a file before January 1, 1975
3. Records connected with an application to attend Monmouth University if that application was denied
4. Other records which are excluded from the FERPA definition of education records

Monmouth University reserves the right to deny transcripts or copies of records required to be made available by FERPA in any of the following situations:

1. The student has an unpaid financial obligation to the University.
2. There is an unresolved disciplinary action against the student.

The fee for copies will be 20 cents per page.

The following is a list of the types of records that the University maintains, their locations, and their custodians.

Admission Records (current students only)

Wilson Hall, Rm. 208, Office of Registration and Records

Director, Office of Registration and Records

Cumulative Academic Records (all students)

Wilson Hall, Rm. 208, Office of Registration and Records

Director, Office of Registration and Records

Health Records

Health Center, University Place

Director, Health Services

Financial Records

Office of the Bursar, Wilson Hall, Rm. 110

Bursar

Financial Aid Records

Office of Financial Aid, Wilson Hall, Rm. 108

Director, Office of Financial Aid

Grade Ledger

Faculty offices in each department

Individual Instructors

Placement Records

Office of Placement & Student Employment, Student Center

Assistant Dean of Career Services & Assistant Director of Student Employment

Advising Records

Center for Student Success (CSS), Student Center
(freshmen only)

Dean of the Center for Student Success

Department/faculty office in each department
(non-freshman)

Academic advisor or department chair

Disciplinary Records

Office of Student Services, Student Center, Rm. 204

Vice President for Student Services

Occasional Records
(Student education records not listed above, such as minutes of faculty meetings, and correspondence)

The appropriate official will collect such records, direct the student to their location, or otherwise make them available for inspection and review

The University staff person who maintains such occasional records

Monmouth University will disclose information from a student's education records only with the written consent of the student or with the completion of the appropriate Monmouth University e-FORM submitted online to the Office of Registration and Records, except:

1. To Monmouth University officials who have a legitimate educational interest in the records

A school official is:

• a person employed by the University in an administrative, supervisory, academic, research, or support staff position,
• a member of the Board of Trustees; or
• a person employed by or under contract to the University to perform a special task, such as the attorney or auditor.

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

• performing a task that is specified in his or her position description or by a contract agreement;
• performing a task related to a student's education;
• performing a task related to the discipline of a student; or
• providing a service or benefit relating to the student or student's family, such as healthcare, counseling, job placement, or financial aid.
2. To officials of another school, upon request, in which a student seeks or intends to enroll. Monmouth University will forward such records upon written request.
3. To certain officials of the U.S. Department of Education, the Comptroller General of the United States, the Attorney General of the United States, and state and local educational authorities, in connection with certain state or federally supported education programs, upon written request.
4. In connection with a student's request for or receipt of financial aid, as necessary to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.
5. To parents of Monmouth University students (who are financial dependents of their parents), if the student is claimed as a financial dependent on either parent's most recent federal income tax return.
6. To state or local officials if required by a state law requiring disclosure that was adopted before November 19, 1974.
7. To organizations conducting certain studies for or on behalf of the University.
8. To accrediting organizations to carry out their functions.
9. To comply with a judicial order or a lawfully issued subpoena. 
   Monmouth University will make every effort to notify students that a subpoena has been received, and will allow for a five(5)-day notice before complying with the court ordered release of records.
10. To appropriate parties in a health or safety emergency.
11. Directory information (see below).
12. With the written consent of the student.
13. Under certain circumstances, the results of student disciplinary hearings.
14. Alcohol and drug offenses to parents of students under 21.
15. To state and local officials in connection with the juvenile justice system.

Monmouth University will maintain a record of requests for and/or disclosure of information from a student's education records. 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 eligible student.

Monmouth University designates the following items as directory information:

• Student's name
• Class level
• Registered credits for the current term
• Major field of study
• Participation in recognized activities and sports
• Biographical data for public relations purposes
• Dates of attendance at Monmouth University
• Degree and awards received at Monmouth University
• Most recent previous educational institution attended
• Veteran status
• Photographs of student
• Telephone number
• Address
• Birth date
• Birthplace
• Degree Candidacy
• Degree Status
• Official Student E-mail Address
• Student ID Number

The University may disclose any of those items without prior written consent of the student unless the student states in writing to the contrary within the first two weeks of the fall semester (or within the first two weeks of the spring semester for students entering Monmouth in the spring semester), that he/she does not want his/her directory information released. This request should be submitted using the FERPA Do Not Disclose form which is accessible from WEBstudent. Student requests to keep directory information confidential are permanent and therefore will remain in effect unless rescinded by the student.

Students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. Following are the procedures for the correction of records:

1. Students must request in writing that the appropriate official of Monmouth University amend records. In so doing, students should identify the part of the record they want changed and specify why they believe it is inaccurate, misleading, or in violation of their privacy or other rights.
2. Monmouth University may comply with the request or it may decide not to comply. If it decides not to comply, Monmouth University will notify the student of the decision and advise the student of his or her right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's rights.
3. Upon written request, Monmouth University will arrange for a hearing and notify the student, reasonably in advance, of the date, place, and time of the hearing.
4. The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of Monmouth University. The student shall 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.
5. Monmouth University will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
6. If Monmouth University decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, it will notify the student that they have a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
7. The statement will be maintained as part of the student's education records as long as the contested portion is maintained. If Monmouth University discloses the contested portion of the record, it must also disclose the statement.
8. If Monmouth University decides that the information is inaccurate, misleading, or in violation of the student's right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.