Consistent with the federal Family Education Rights
and Privacy Act (FERPA), as amended, Capital University recognizes certain
rights of eligible students and parents of dependent student’s
educational records, as provided in this policy.
6.12.01 Definitions
A. Educational Records means any record maintained by the University
which is directly related to an enrolled student, except:
1. a personal record made by a University employee or agent which
was made as a personal memory aid and is in the sole possession of
the person who made it;
2. a record relating solely to an individual as an alumnus/a after
the individual no longer attends or participates in an education activity
for which the University awards a grade or credit;
3. medical and counseling records used solely for treatment, provided
such records may be reviewed by a physician or other appropriate professional
of the student’s choice;
4. financial records of parents;
5. confidential letters and statements of recommendation for admission,
employment or other recognition for which students have voluntarily
waived their right of access.
B. Eligible Students means an individual who is or was enrolled as
a student of the Law School and regarding whom the University maintains
educational records. Applicants who are not admitted as students are
not eligible students.
C. Parents means the natural and adoptive parents of a students who
are dependents under the Internal Revenue Code. When the parents of
a dependent student are separated or divorced, the University will accord
the rights under this policy to each parent unless provided with a court
order or legally binding document revoking such rights.
D. Legitimate Educational Interests means the demonstrated need to
know by those officials of the University who act in the student’s
educational interest, including faculty, administrators, clerical and
professional employees, and other persons who manage student record
information.
E. Directory Information means information so designated by the Law
School which reasonably would not be considered harmful or an invasion
of privacy if disclosed, including a student’s name, address (local
and home), telephone number (local and home), date and place of birth,
participation in officially recognized activities programs of study,
dates of attendance, and degrees, certificates, awards and academic
recognitions.
6.12.02 Rights of Eligible Students and Parents
Eligible students and parents have a right:
A. to inspect and review the student’s educational records maintained
by the University. The University is not required to furnish copies
of such records unless they are unreasonably difficult to inspect personally,
in which case the University reserves the right to charge a reasonable
fee for such copies.
B. to request in writing that the University correct educational records
believed to be inaccurate or misleading. If the records custodian refuses,
the student or parent may request a student or parent may request a
review by the provost or appropriate vice president after which, if
University still refuses, the student or parent has a right to place
a statement in the student’s record commenting on the contested
information. The right to challenge grades does not apply under this
policy unless the assigned grade was inaccurately recorded.
6.12.03 General Rules of Non-Disclosure; Exceptions
A. Generally the University must have written permission from an eligible
student or parent before releasing personally identifiable information
from a student’s educational record. However, the University may
disclose without prior consent:
1. relevant information to University employees having a legitimate
educational interest;
2. educational records of a student who is a dependent as defined
in the Internal Revenue Code;
3. relevant information to appropriate parties in connection with
determining eligibility, amount, conditions or enforcement of financial
aid to students;
4. relevant information to accrediting organizations to carry out
accrediting functions;
5. relevant information as required to comply with a judicial order
or lawfully issued subpoena;
6. relevant information to persons with a need to know in health or
safety emergencies;
7. results of disciplinary proceedings to victims of the charged
offense;
8. directory information
B. A student may request that the University not release directory
information by completing and signing the appropriate form provided
by the Office of the Registrar, Capital University Law School.
6.12.04 Custodians of Educational Records
Law Student records are maintained by the following University or Law
School offices, which are subject to the terms of this policy, including
record-keeping requirements. Each custodial office is restricted to
providing only the information over which it has primary responsibility.
Information properly provided may be accompanied by explanatory material
whenever its meaning or interpretation is not readily apparent to potential
users.
Type of Record Location Custodian
Admissions/Financial Aid Law School Assistant Dean of Admission/
Financial Aid
Career Services Law School Director
Center for Academic Achievement Learning Center Director
Academic Law School Registrar
Disciplinary Law School Office of Dean & Registrar
Financial Yochum Hall Director, Finance Off.
Law School Assistant Dean of Admission/
Financial Aid
Health Health Clinic Director, Clinic
Law School Law School Dean
Non-Disclosure Requests Law School Registrar
Yochum Hall Office of Communications
Nursing Battelle Hall Dean
6.12.05 Record of Disclosures
When personally identifiable information other than directory information
is disclosed without the student’s prior consent, the appropriate
records custodian will keep a record of the disclosure, including the
name and legitimate interest of the parties requesting and obtaining
the information.
6.12.06 Policy Implementation
The Dean or his designate, in consultation with the provost and with
university counsel, serves as the FERPA coordinator responsible for
resolution of questions arising under this policy. Copies of this policy
are available upon request to students and parents from the offices
of the University Registrar, Assistant Dean of Student and Multicultural
Affairs, in the Manual of Policies and Procedures and in the Capital
University Law School web page. Annual notice of this policy shall be
provided to current students and parents, including a statement of how
a copy of the policy may be obtained. Students having questions or concerns
regarding this policy may contact the Law School Assistant Dean of Student
and Multicultural Affairs, Associate Dean or Registrar. A complaint
alleging a violation of FERPA may be filed with the U.S. Department
of Education.
REQUEST TO REVIEW EDUCATION RECORDS
NOTICE: YOU ARE ATTEMPTING TO ACCESS INFORMATION THAT IS PROTECTED
BY FEDERAL PRIVACY LAW. DISCLOSURE TO UNAUTHORIZED PARTIES VIOLATES
THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA). YOU SHOULD NOT
ATTEMPT TO PROCEED UNLESS YOU ARE SPECIFICALLY AUTHORIZED TO DO SO AND
ARE INFORMED ABOUT FERPA. WHEN ACCESSING STUDENT RECORDS, YOU MUST ACCESS
ONLY THAT INFORMATION NEEDED TO COMPLETE YOUR ASSIGNED OR AUTHORIZED
TASK. YOU MAY COMMUNICATE THE INFORMATION ONLY TO OTHER PARTIES AUTHORIZED
TO HAVE ACCESS IN ACCORDANCE WITH THE PROVISIONS OF FERPA. IF YOU HAVE
ANY QUESTIONS ABOUT THOSE PROVISIONS, PLEASE CONTACT THE ASSOCIATE DEAN.
FERPA affords students certain rights with respect to their educational
records. These rights include the right to consent to disclosures of
personally identifiable information contained in the student’s
education records, except to the extent that FERPA authorizes disclosure
without consent. One exception, which permits disclosure without consent,
is disclosure to university officials with legitimate educational interests.
A university official is:
• A person employed by the University in an administrative, supervisory,
academic, or support staff position, including law enforcement unit
and health staff.
• A person or company with whom the University has contracted
to perform a special task, such as an attorney, auditor, or collection
agency.
• A person serving on the Board of Trustees.
• A person assisting another University official in performing
his or her task.
A university official has a legitimate educational interest if the
official is:
• Performing a task that is necessary to carry out the functions
of his or her job.
• Performing a task related to the discipline of a student.
• Maintaining the safety and security of the campus.
• Providing a service or benefit relating to the student such
as health care, counseling or financial aid. (For example, if a law
professor is counseling a student who has taken his or her exam and
that law professor wants to access the student’s records to assist
in that counseling, this is a legitimate educational interest. If however,
a law professor wants to access a student’s records to assist
in identifying a student for an employment opportunity, this is not
a legitimate educational interest.)
Please complete the following to process your request to access student
records:
Name of student: __________________________________________________
Purpose of access: ________________________________________________
________________________________________________________________
Item(s) of information requested: ______________________________________
________________________________________________________________
Name of requestor: ________________________________________________
Job title: _________________________________________________________
I hereby agree to keep the information disclosed to me confidential
according to applicable legislation and regulations.
Signature: ________________________________________________________
Date: ___________________________________________________________
………………………………………………………………………………………………
Disposition of Request
Specify materials accessed:
________________________________________________________________
________________________________________________________________
Signature of official providing material: _________________________________
Date: ___________________________________________________________
When a request for student record information is received, this form
must be completed and filed in the student’s file.
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