Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, sets out requirements designed to protect the privacy of student records. The statute governs access to records maintained by educational institutions and the release of such records. Further the act requires that students be advised of their rights concerning "educational records."
Consent to Release Educational Records Release from Liability form (pdf)
Notice of Rights
The director of library services shall maintain copies of FERPA and the federal regulations adopted pursuant to it in the library for student access and examination and to provide students with notice of their rights with respect to records maintained by the University. Additionally, Student Affairs shall ensure that all students are provided with notice of their rights under FERPA.
Employee Responsibilities
In accordance with the provisions of FERPA and consistent with longstanding University policy, no employee of the University shall release any information on a student without the prior written consent of the student, except that employees may release records when required to do so under federal, state, and/or local law or as otherwise authorized under these policies and procedures. Any University employee who releases educational records under these procedures shall retain copies of the written authorization by the student and other documentation necessary to establish that the release of information was proper under these procedures. All employees shall become familiar with and abide by the requirements of FERPA and University policies and procedures related to FERPA.
Safekeeping of Records
The dDean of Students and Campus Life services shall adopt appropriate procedures to ensure the safekeeping of all student records required by FERPA to be maintained in the Student Services Office. Any employee of the University who maintains information regarding a student shall ensure that all records are kept confidential.
Educational Records and Exceptions
Educational records are those records that directly relate to a student and are maintained by the University or by an employee or agent of the University. The University is not required to release the following records:
Sole possession records. Informal records maintained by a campus official and not revealed to anyone else (except a temporary substitute for the maker of the record) are not educational records and are therefore not subject to a student's inspection.
Security records. Records created by a law enforcement or campus security unit and maintained by the law enforcement or campus security unit are not educational records and therefore are not subject to a student's and/or parent's inspection.
Employment records. Records made regarding an individual's employment are generally not considered educational records unless the employment is contingent upon the individual attending the University as a student.
Medical records. Medical and mental health records created in connection to a student's medical and/or psychological treatment and disclosed only to individuals who are providing the treatment to the student are not educational records and therefore are not subject to a student and/or parent's inspection.
Certain financial records. Some financial aid information, including financial information regarding a student's parents, is exempted from the disclosure requirement of FERPA. Contact the Financial Aid Office for additional information.
Records regarding more than one student. Educational records containing information about more than one student shall not be disclosed to one of the related students in its entirety. The University shall provide students limited access to these records only as they relate to the student requesting the information, and shall not disclose any information regarding other students to the requesting student.
Records in which student waives right to review and/or inspect. Confidential letters and recommendations associated with admissions, job placement, employment, and honors or recognition to which a student has waived his/her right of inspection and review are exempted from the disclosure requirements in FERPA.
Confidential letters and recommendations. The University is not required to permit students to inspect and review confidential letters and recommendations placed in their files prior to January 1, 1975, provided these letters were collected under established policies of confidentiality and were used only for the purposes for which they were collected.
Alumni records. Records of information regarding an individual who is no longer a student at the University are not educational records and therefore are not subject to a student and/or parent's inspection.
Students' Rights
Mountain State University students have the right to inspect their educational records as defined in Paragraph A within forty-five (45) days of a written request, and to have any inaccuracies corrected. University employees shall encourage students to keep their receipts, grade reports, and other communications from the University to aid in checking the accuracy of any record. Only authorized officials may enter the student records/transcript area. The Dean of Students and Campus Life shall maintain, enforce, and provide to University employees upon request procedures regarding access to student information.
The Dean of Students and Campus Life and/or the custodian of an educational record shall allow only those persons discussed below who present adequate identification to review, inspect, and request explanations of a student's educational records as defined by Paragraph B above:
The student. Regardless of the student's age, a student may review his/her records upon written request to the Dean of Students and Campus Life and/or the custodian of the records.
A parent and/or legal guardian. A parent and/or legal guardian of a student under the age of eighteen (18) years or of a student who is the financial dependent of the parent and/or guardian may review his/her child's record upon written request to the dean of students and/or the custodian of the records. The requesting parent and/or guardian shall provide adequate proof that the student is under the age of eighteen (18) years and/or financially dependent on the parent and/or guardian.
University faculty and/or staff. University faculty and/or staff members may review student records as necessary to address the educational interests of the student and/or to conduct University operations.
Judicial body. Student Affairs and/or the custodian of the educational records will release educational records as required in a subpoena to a court or judicial body of competent jurisdiction. Student Affairs and/or the custodian of the educational records shall promptly notify the student by certified mail of the court-ordered release of the educational records.
Emergency personnel. Student Affairs and/or the custodian of the educational records will release educational records to emergency personnel and/or authorized governmental authorities as necessary to protect the life, health, and/or safety of a student and/or other person.
A student may make a written request to the Registrar that an official and/or unofficial copy of the student's transcript be mailed to a person designated by the student. Provided that the student does not owe any obligation to the University, including without limitation a financial obligation, the registrar shall promptly honor the request. The Registrar shall charge a reasonable fee to the student in complying with the request.
Documents supporting the application for admission and/or for transfer credit will not normally be returned to the student, nor sent elsewhere at the student's request. For example, a transcript from another college, or a high school record, will not be sent to a third institution. The student must request another transcript from the original institution. If a student can demonstrate that original transfer documents are extremely difficult or impossible to obtain, the director of admissions may release certified copies of originals to other institutions within his/her discretion.
The University shall provide a student with copies of requested records only to the extent that failure to provide said copies would effectively deny the student access to the records. The custodian of the records shall require that the student reimburse the University with reasonable costs associated with the reproduction of the records so long as the requirement does not prevent the student from exercising his/her right to inspect and/or review the records.
Student Affairs may publish an annual student directory that will include telephone numbers and addresses of students. Additionally, the University may disclose to third parties and/or the public additional directory information throughout the year. The registrar is the custodian of directory information, which includes the following:
Name. The student's full name constitutes directory information and may be disseminated without prior consent of the student.
Address and telephone number. The student's complete address and telephone number constitute directory information and may be disseminated without prior consent of the student.
Date and place of birth. The student's complete birth date and place of birth constitute directory information and may be disseminated without prior consent of the student.
Dates of attendance. The dates in which the student has been enrolled at the University constitute directory information and may be disseminated without prior consent of the student.
Degree information. Information regarding when a student has received a degree, the date the degree was conferred, any honors received, and the student's major area of study constitutes directory information and may be disseminated without prior consent of the student.
Prospective graduates. Lists of prospective University graduates constitute directory information and may be disseminated without prior consent of the student.
Student participation information. Information regarding a student's participation in officially recognized activities and sports, including the weight and height of members of an athletic team, constitutes directory information and may be disseminated without prior consent of the student.
Previous education. Information regarding a student's previous education constitutes directory information and may be disseminated without prior consent of the student.
Release of Directory Information
The dean of students or the director of marketing may release directory information to the following:
Requesting party. Any party who requests directory information regarding students
and who completes a Request for Release of Student Information form may be provided the information requested.Faculty and staff. Faculty and staff may be provided with directory information as necessary to further the operations of the University.
Emergency authorities. Proper authorities in cases of emergency may be provided with directory information as necessary to protect the life, health, or safety of another.
Media personnel. The University may release directory information to media personnel as appropriate to promote the athletic and/or educational achievements of students.
Other students. The University may release directory information to students of Mountain State University as necessary to further the operations of the University.
Other accredited educational institutions. The University may release directory information to other accredited educational institutions as necessary to further the operations of the University.
Requesting that Directory Information Not Be Released
If you do not want directory information about you released without your consent, you may notify the University in writing within the first ten (10) days of the semester or term, asking that no directory information be released without your written consent. The University will then treat the information as limited access information. You must resubmit your request each semester so long as you continue to desire that the University treat directory information about you as limited access information.
A student or eligible parent, upon review of the student's educational record, may petition the Dean of Students and Campus Life to amend the record. The student shall set forth all details of his/her reason for requesting the record be amended in a written proposal following the student's review of his/her record. The Dean of Students shall promptly review the request with the appropriate Associate or Assistant Vice President and shall investigate student claims as necessary to make a sound decision. The Dean of Students may amend the educational record as appropriate. The Dean of Students shall set forth his/her decision in writing within a reasonable time following receipt of the student's petition and shall indicate to the student in his/her decision the student's rights regarding an appeal. A copy of the decision will be forwarded to the appropriate Associate or Assistant Vice President.
Hearing before Judicial Review Board
Upon receipt of a decision by the Dean of Students in accordance with paragraph A, the student may appeal the decision to the Vice President of Academic Affairs in accordance with Student Privileges and Responsibilities, Student Academic Privileges and Responsibilities.
Following the student's receipt of the decision from the Judicial Review Board, the student may submit to the Dean of Students a letter indicating any objection the student has to the decision of the Dean of Students and/or the Judicial Review Board. The Dean of Students shall file the student's objection in the student's educational record.
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