Office of the Provost

Faculty and Unclassified Staff Handbook
Chapter 7-- Student Affairs

Privacy Rights

Notification of Rights Under FERPA

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

1. The right to inspect and review the student's education records within 45 days of the day the University receives a request for access.

Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

2. The right to request the amendment of the student's education records that the student believes are inaccurate or misleading.

Students may ask the university to amend a record that they believe is inaccurate or misleading. They should write the University official responsible for the record, clearly identify the part of the record they want changed and specify why it is inaccurate or misleading.

If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for an amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

3. 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 school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); 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 Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

Upon request, the university discloses education records without consent to officials of another school in which a student seeks or intends to enroll.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Fort Hays State University to comply with the requirements of FERPA. The name and address of the office that administers FERPA are:

Family Policy Compliance Officer
U.S. Department of Education
600 Independent Avenue, SW
Washington, DC 20202-4605

Student Directory Information

The students:

1. Name
2. Address
3. E-mail address
4. Telephone number
5. Grade Level
6. Major field of study
7. Participation in officially-recognized activities
8. Weight and height of athletic team members
9. Dates of attendance
10. Degrees
11. Awards received
12. Most recent previous educational institution attended

The Vice President for Student Affairs is designated as the Student Privacy Officer. Students have the right to notify the institution that they do not want any or all of the types of information listed above to be designated as directory information. Notification must be in writing and must be received by the Student Privacy Officer prior to the beginning of the academic semester. Notification forms are available in the Office of the Vice President for Student Affairs, Sheridan 208.

Copies of the rules and regulations of the Buckley Amendment and the policies and procedures of FHSU are available for any student's review at:

a. the reserve desk of Forsyth Library
b. the Office of the Vice President for Student Affairs
c. the Student Government Association Office
d. the President's Office

Fort Hays State University Procedures and Guidelines

1. The Vice President for Student Affairs is designated as the Student Privacy Officer.

2. Students may request an opportunity to review and inspect any of their educational record at a reasonable time when the office maintaining the record is open. The office, the official in charge of the record, the location on campus, and the general contents of the record are available in the Vice President for Student Affairs Office or in the Student Government Association Office.

3. Students should go to the proper office maintaining the record they wish to inspect and sign a written request for access to the record. Identification will be required of the student.

4. If circumstances permit, the student may immediately be given an opportunity to inspect the record and have copies made at cost of any part or all of the record. If work schedules do not permit or there is a question about the right of access, a later appointment may be made that is mutually convenient. Access to the record must be granted within a reasonable time but not to exceed 45 days after the request.

5. Student shall be given an explanation of any material in the record and if they believe any of the material is misleading or inaccurate, they may request that corrections, additions, or deletions be made. If the official is convinced that the student's record is inaccurate, the official may change the record in accordance with accepted University policy. If a disagreement exists, the student or the University official may take any question, substantive or procedural, to the student privacy officer for an informal conference to resolve such questions.

6. If any question or dispute cannot be resolved to the satisfaction of all parties, the student may request a formal hearing, which shall be held within a reasonable period of time, in writing specifying the nature of the dispute.

7. The president shall appoint a University official or a hearing panel of three faculty members who have no direct interest in the outcome of the hearing to meet within a reasonable period of time after giving notice to all parties, but not less than 10 University days after the request for a hearing, unless the parties mutually agree to a continuance.

8. The University official or hearing panel will receive all relevant evidence and testimony, orally or in writing, regarding the dispute. The official or hearing panel within 15 class days shall submit to the president their written decision with separately stated findings of fact and conclusions.

9. Within 15 class days, the president may notify all parties in writing that the decision of the official or hearing panel is accepted or the president may immediately convene a new hearing panel (or Official) to make further findings or receive additional evidence; or the decision may be reversed in whole or in part. All parties shall be notified of the president's decision is writing.

10. If the students wish to appeal the president's decision, they may within 180 days file a written complaint alleging all relevant facts with the office created by HEW for this purpose, to wit:

Department of Health, Education, and Welfare
330 Independence Avenue, S.W.
Washington, D.C. 20201
Telephone: (202) 245-7488

11. The HEW Office will investigate the complaint and report its findings in writing to both parties. If a lack of compliance is found on the part of the University, specific steps necessary for voluntary compliance, within a reasonable time, will be stated.

12. If the University cannot or will not voluntarily comply, then the HEW Office will refer the matter to a Federal Review Board created by this Act for a hearing.

13. The Federal Review Board chairman will designate a hearing panel or hearing officer to take evidence and decide the case. In a case that proceeds to this level, the parties may present oral or written evidence and be represented by counsel. Students will be fully apprised of proper procedures and their rights.

14. Upon completion of a Federal Hearing, the decision will be submitted in writing to the Secretary of HEW who may affirm the decision or modify or reverse the decision.
15. If the secretary of HEW finds a lack of compliance, and that voluntary compliance cannot be secured, all federal funds under any federal programs referenced under Section 438 of the General Education Provisions Act, as amended (added by section 513 of Pub. L. 93-380 and amended by section 2 of Pub. L. 93568) may be terminated.

Approved by Cabinet (01-10-90).

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