UNIVERSITY OF PITTSBURGH POLICY 09-08-01
CATEGORY: STUDENT AFFAIRS
SECTION: Rights to Review, Inspect and Release Education Records
SUBJECT: Access to and Release of Education Records
EFFECTIVE DATE: May 23, 2006 Revised
PAGE(S): 5
I. SCOPE
This policy affirms (i) the rights of Students to access Education Records
and to ensure that those records are accurate; (ii) the rights of the
University regarding the approval, denial, and charging for requests;
(iii) the regulations and restrictions on Directory Information; and (iv)
the requirements for the release of information, or access to Student
Education Records by a third party and the conditions under which release
or access may be permitted by University officials, all in compliance with
the Family Educational Rights and Privacy Act of 1974 (FERPA), also known
as the Buckley Amendment.
II. POLICY
Rights of Students
Students have the right to inspect and review their Education Records;
exercise a limited control over disclosure of information contained in
their Education Records; seek to correct their Education Records; report
violations of the FERPA to the Department of Education; and be informed
about their FERPA rights.
The Board of Trustees authorizes the Office of the University Registrar to
inform Students of the nature of this policy; exercise their
administrative resources to implement the policy; and respond to
individuals who violate the policy.
The University will provide copies of Education Records to third parties
when a Student provides written consent allowing access to the Student’s
Education Records.
When a record contains information about Students other than the Student,
the Student may inspect and review only the specific information which
pertains to him/her.
Seeking To Correct Education Records
The University permits Students to inspect and review their Education
Records, and to seek to change any part that they believe to be
inaccurate, misleading, or in violation of the Student's privacy rights.
If the requested change in Education Records falls within an individual
school's Academic Integrity Guidelines, then the Guidelines shall control
the procedure to be followed.
If the requested change in Education Records does not fall within the
individual school's Academic Integrity Guidelines, that is, if no
violation of Student or faculty obligations is alleged by the Student,
refer to Procedure 09-08-01, Access to and Release of Student Education
Records.
Directory Information
The University designates the following personally identifiable
information contained in a Student's Education Record as "Directory
Information." As such, the University is able to disclose this
information without a Student's prior written consent:
- Name
- Address
- Phone number
- Major field of study
- Achievements, degrees, academic awards, or honors
- Weight and height, if a member of athletic teams
- Previous educational institutions
- Participation in officially recognized activities and sports
- Dates of attendance
- Electronic mail address
- Student's photograph
When the Office of the University Registrar receives written notice of a
Student's refusal to permit the release of "Directory Information," no
further disclosures are made without that Student's written consent
(except to parties who have legal access to Student Records without
written consent).
Provided the Student does not refuse permission, "Directory Information"
may be released by:
- The Vice Provost and Dean of Students
- The Director of the University Student Judicial System
- The University Registrar
- The Registrar at each Regional Campus
- Data Security Administrator
- Office of General Counsel
Directory Information may be released on a limited basis, relevant to the
performance of their duties, by the Director of Athletics, Vice Chancellor
for Public Affairs and the Assistant Vice Chancellor of News, Information,
and National Medial Relations.
Denial of Requests
The University may deny a request for copies of Education Records when the
requester refuses to furnish proper identification and/or information
required by the University.
Charges for Copies of Student Education Records
The University reserves the right to charge a fee for providing copies of
Student Education Records, such as:
- Transcripts forwarded to potential employers
- Transcripts sent to post-secondary institutions for admission
purposes
- Other units of information, varying by department and type of
request
Record Custodians in each department will provide the current charges for
copies in their respective units.
Access to Student Education Records By Written Consent
Except as provided below, release of information or access to a Student’s
Education Records by a third party will be permitted with written consent
of the Student. Such written consent must be signed and dated by the
Student and should:
- Specify the records that may be disclosed
- State the purpose of the disclosure
- Identify the party or class of parties to whom the disclosure may be
made
Such release of Education Records shall be made on the conditions that the
party to whom the information is disclosed will not disclose the
information to any other party without the prior consent of the Student,
and that the information may only be used for the purpose(s) for which
disclosure was made.
Access to Student Education Records for Legitimate Educational Purposes
Access to a Student’s Education Records may be required and permitted by
individuals for legitimate educational purposes, where access by such
individuals is necessary to complete their University-related duties.
Under these conditions, the following individual(s) are also authorized to
receive Student Education Records:
- Members of the University Board of Trustees
- A person approved, under contract, or appointed by the University to
an academic or research faculty position
- A person employed by or under contract to the Board of Trustees to
serve in a University administrative position
- A person employed by the University as a temporary for
administrative staff or faculty, for the period of his performance
as a substitute
- Any judicial body or others possessing adjudicatory powers delegated
from the Board of Trustees
- A person employed by or under contract to the University to perform
a special administrative task (including secretaries, clerks,
attorneys, auditors and consultants for the period of their
performance as employees or contractors)
- Duly authorized committees and task forces established by the
University
Access to On-Line Automated Student Record Systems
Before access is granted, individuals must be informed of the importance
of protecting the privacy of student records as established by this
policy, and University policies 10-02-04, 10-02-05, 10-02-06 and 10-02-07
regarding data access and use.
Individuals in a School will have access only to the records of those
Students admitted to that school.
Schools also will have access to information concerning the course
sections they offer, including grades given in a section offered by the
school, even if the Students in the section are not enrolled in or have
not been admitted into the School.
Within a School, an individual’s access may be limited to a particular
level of Student (undergraduate or graduate) and may be limited to
particular transactions.
Release of Education Records to a Third Party by a University Official
The Vice Provost and Dean of Students, Director of the University Student
Judicial System, University Registrar, Data Security Administrator and the
Office of General Counsel may permit disclosure of Education Records under
the following circumstances:
- When certain Federal and State officials require information to
audit, evaluate or enforce legal conditions related to Federally
supported educational programs within the institution. Information
disclosed under this paragraph must be protected in a manner that
does not permit any information which personally identifies Students
and any copies of that information must be destroyed when they are
no longer needed.
- When the disclosure is in connection with financial aid for which
the Student has applied or received, including information needed to
determine the Student’s eligibility for the aid, determine the
amount of financial aid, determine the conditions for the receipt of
the financial aid, or enforce the terms and conditions of the aid.
- When the University enters into agreements with an individual or an
organization to conduct studies on the University’s behalf. These
include such areas as developing, validating or administering
predictive tests, administering student aid, or improving
instruction. During such studies, only that individual or
authorized representatives of that organization may view any
relevant information which personally identifies Students.
Any copies of that information must be destroyed when they no longer
are needed.
- To accreditation associations to perform their necessary functions.
- To comply with a judicial order or lawfully issued subpoena,
provided that the University:
(i) makes a reasonable effort to notify Student of the order or
subpoena in advance of compliance, so that the Student may
seek protective action, unless the disclosure is in compliance
with:
(a) a federal grand jury subpoena and the court has ordered
that the existence or the contents of the subpoena or
the information furnished in response to the subpoena
not be disclosed; or
(b) any other subpoena issued for a law enforcement purpose
and the court or other issuing agency has ordered that
the existence or the contents of the subpoena or the
information furnished in response to the subpoena not be
disclosed.
(c) an ex parte order requiring an educational agency or
institution to permit the Attorney General (or his
designee) to collect records pursuant to 20 U.S.C.
1232(g).
(ii) if the University initiates legal action against a Parent or
Student, the University may disclose to the court, without a
court order or subpoena, the Education Records of the Student
that are relevant for the University to proceed with the legal
action.
(iii) if a Parent or Student initiates legal action against the
University, the University may disclose to the court, without
a court order or subpoena, the Student's Education Records
that are relevant for the University to defend itself.
- To the Parents of a Student where the Student is a financial
dependent of his Parents as defined under section 152 of the
Internal Revenue Code.
- In a health or safety emergency, provided that the persons to whom
the information is disclosed are qualified and in a position to
respond to the emergency and knowledge of the information is
necessary to protect the health and safety of the Student or other
individuals.
- The final results of any disciplinary proceeding against a Student
in which the Student is found to have committed a crime of violence
(as defined in 18 United States Code Section 6) or a non-forcible
sex offense.
- To a Parent or Legal Guardian of the Student, information regarding
any violation of any Federal, State or local law, or any rule or
policy of the University governing the use or possession of alcohol
or controlled substances if: the Student is under age 21; and the
University determines the Student has committed a disciplinary
violation with respect to such use or possession.
- To other educational agencies or institutions that have requested
such records and in which a student seeks or intends to enroll.
- Nothing in this section may be construed to prohibit the University
from disclosing information provided to the institution under the
Violent Crime Control and Law Enforcement Act concerning sex
offenders who are required to register.
III. REFERENCE
Procedure 09-08-01, Access to and Release of Student Education Records