SECTION: STUDENT SERVICES INDEX: D-1

SUBJECT: CONFIDENTIALITY OF STUDENT RECORDS

POLICY

Information in student records will be released only to faculty and professional staff for authorized university related use. The student's consent is required to release information, other than public information, to any non-university person unless required by law or upon subpoena duces tecum. Public information includes a student's name, home address, local address, e-mail address, telephone listing, date of birth, photograph, major, degrees, and awards received and dates and types of awards received, dates of attendance, most recent previous educational agency or institution attended, classification and enrollment status (full-time, part-time undergraduate, graduate, etc), participation in officially recognized activities or sports, weight and height of members of athletic teams.

DEFINITION

Education Record:  The Office of Admissions and Records retains a minimum of the following documents in a student’s permanent education record:   approval letter(s), application form(s), transfer transcripts, undergraduate and graduate admission test scores (if applicable), degree plan, and any other similarly relevant document(s) pertaining to the student’s academic career at UHV.

PROCEDURE

Notice of Student’s Rights

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records.   These rights are as follows:

1.      Students have the right to inspect and review their education records within 45 days of the day the University receives the request.

2.      Students have the right to request amendment of their education records that they believe are inaccurate or misleading.   If the University denies a student’s requested amendment, the student has the right to a hearing regarding the requested amendment to his/her education record.

3.      Students have the right to consent to disclosures of personally identifiable information in their education records, except to the extent that FERPA authorizes disclosure without consent.

4.      Students have the right to file a complaint with the U. S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA.   Such complaints may be sent to the Family Compliance Office, U. S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C.    20202-4605.

Directory Information

At its discretion the University of Houston-Victoria may provide “directory information” to the general public without student consent.   Public, or directory, information includes a student's name, home address, local address, email address, telephone listing, date of birth, photograph, major, degrees and awards received and dates and types of awards received, dates of attendance, most recent previous educational agency or institution attended, classification and enrollment status (full-time, part-time, undergraduate, graduate, etc.)

Confidentiality of Student Records

If a student does not want “directory information” regarding him or her to be released, the student must notify the Office of Admissions and Records during the first week of classes to ensure that UH-Victoria does not release “directory information.”   A student may notify the Office of Admissions and Records in writing at 3007 N. Ben Wilson, Victoria, TX   77901, or submit the “Confidentiality of Student Records: Request To Withhold/Revoke” form in person, by mail (address above) or fax to (361) 570-4114.   A student’s request to withhold “directory information” remains in effect until the student revokes the request in writing.

Disclosure of Education Records

The University of Houston-Victoria will not disclose information from a student’s education records without the written consent of the student, except in the following instances in which FERPA authorizes disclosure without prior student consent:

1.      To school officials who have a legitimate educational or administrative interest in the records.   A school official is defined as a person employed by the University in an administrative, supervisory, academic, or support staff position; a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Regents; or a person assisting another school official in performing his or her official duties.   A school official has a legitimate education interest if the official needs to review an education record in order to fulfill his or her professional responsibilities.

2.      To other schools in which the student seeks to enroll.

3.      To authorized representatives of the U. S. Secretary of Education, the U. S. Comptroller General, and state and local educational authorities, in connection with certain state or federally supported education programs; and the U. S. Attorney General for law enforcement purposes.

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 state and local officials or authorities in accordance with state law.

6.      To organizations conducting studies for or on behalf of the University to develop, validate, or administer predictive tests; administer student aid programs; or improve instruction.

7.      To accrediting organizations to carry out their functions.

8.      To parents of a “dependent” student as defined under the federal tax laws.

9.      To comply with a judicial order or a lawfully issued subpoena.

10.  To appropriate parties in connection with a health or safety emergency.

11.   As it relates to “directory information,” unless the student restricts “directory information.”

12.  To an alleged victim of any crime of violence or non-forcible sex offense regarding the final results of any disciplinary proceeding conducted against the alleged perpetrator of that crime or offense with respect to that crime or offense, regardless of whether the student was found to have committed the violation.

13.  To the public regarding the final results of any disciplinary proceeding in which the student was alleged to have committed a crime of violence or non-forcible sex offense and pursuant to the disciplinary proceeding the student was found to have violated a University disciplinary rule or policy.

14.  To parents of a student who is under the age of 21 regarding the student’s violation of federal, state, or local law, or any University rule or policy, governing the use or possession of alcohol or a controlled substance.

15.  To the court where the student has initiated legal action against the University or the University has initiated legal action against the student.

Inspection of Education Records

A student has the right to inspect his or her educational records and to challenge the contents.   To review records, a student must make a request in writing to the Registrar of the University of Houston-Victoria, 3007 N. Ben Wilson, Victoria, TX   77901.   The written request must identify as precisely as possible the record or records he or she wishes to inspect.

Amendment of Education Records **

If a student believes the information in his or her education record contains information that is inaccurate, misleading, or in violation of the student’s rights of privacy, the student should submit a written request for amendment to the Registrar.   The written request should clearly identify the part of the record the student wants changed and specify why it is inaccurate, misleading, or in violation of the student’s rights of privacy.   The University will notify the student within a reasonable time regarding whether or not the record will be amended.   If the University denies the student’s request for amendment of his or her record, the student has the right to a hearing regarding the requested amendment.

**Note:   This procedure does not govern grade appeals.

Hearing under FERPA

1.      To request a hearing pursuant to the University’s denial of a student’s request to amend information in his or her education record that the student believes is inaccurate, misleading, or in violation of the student’s rights of privacy, the student should submit a written request for a hearing that clearly identifies the part of the record the student wants changed and specifying why it is inaccurate, misleading, or in violation of the student’s rights of privacy to the custodian of the record that the student seeks to challenge.

2.      The University will hold a hearing within a reasonable time after receiving the student’s written request for a hearing.

3.      The University will give the student notice of the date, time, and place of the hearing, reasonably in advance of the hearing.

4.      The hearing will be conducted by an individual who does not have a direct interest in the outcome of the hearing.   The hearing official will be appointed by the vice president to whom the custodian of the records in question reports.

5.      The student will be provided the opportunity to present evidence supporting his or her allegation that his or her education record contains information that is inaccurate, misleading, or in violation of the student’s rights of privacy.   The student may, at his or her own expense, be assisted during the hearing by one individual, including legal counsel.   The student must notify the hearing official no later that three (3) business days before the hearing that he or she will have legal counsel present at the hearing.

6.      The custodian of the record in question and the author of that record (if appropriate) will also be provided an opportunity to respond to the student’s allegations.

7.      Upon hearing all of the evidence, the hearing official will render a written determination within a reasonable time after the hearing.   The written determination will include a summary of the evidence and the reasons for the hearing official’s determination.

8.      Any information in the student’s education record that is determined to be inaccurate, misleading, or a violation of the student’s rights of privacy will be amended with the correct information and the student will be notified in writing of the change.

9.      If it is determined that the student record is correct and does not merit amendment, the University will notify the student of his or her right to place a statement in the education record commenting on the information in the record, and/or presenting any reasons for disagreeing with the university’s decision.

10.  Any statement placed by the student in his or her education record shall remain a part of the record for as long as the University of Houston-Victoria maintains the record.

Custodian of Records:   Registrar, Room 104, UHV West.  Information can be obtained from the Office of Admissions and Records by calling (361)  570-4110 or toll-free (877) 970-4848 x110.

Approved by:

Signature Obtained        10/10/07
Tim Hudson, Ph.D.     Date
President

Next review:  May 2008-
Origination:  Office of Admissions and Records