Policy #72

Student Records

Western Carolina University accords all the rights under The Family Educational Rights and Privacy Act of 1974, as amended, to students. A "student" is defined as a person who (1) has applied, been accepted and registered by the University at either the graduate or undergraduate level, (2) is currently attending the University, or (3) has attended the University. Except as provided below, no one outside the institution shall have access to nor will the institution disclose any information from students' education records without the signed consent of students. Exceptions to this policy are:

• Personnel within the institution with legitimate educational interest;

• Officials of other institutions in which students seek to enroll;

• Persons or organizations providing students financial aid;

• Accrediting agencies carrying out their accreditation function;
• Persons in compliance with a judicial order or lawfully issued subpoena including those issued by either a federal court or North Carolina state court; Persons in an emergency in order to protect the health or safety of students or other persons;
• An outside contractor who is a "party acting for" the institution and is performing a service which the institution would otherwise have to perform for itself.

Educational records are defined as those records directly related to a student and maintained by the institution or by a party acting for the institution. The term "education records" does not include the following:

• Records of instructional, supervisory, administrative, and certain educational personnel which are in the sole possession of the maker thereof, and are not accessible or revealed to any other individual except a temporary substitute for the maker of the record;
• Records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement.
• Records relating to individuals who are employed by the institution, which are made and maintained in the normal course of business, relate exclusively to individuals in their capacity as employees, and are not available for use for any other purpose.
• Records relating to a student which are:
  • Created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional, acting in his/her professional capacity or assisting in a paraprofessional capacity;
  • Used solely in connection with the provision of treatment to the student; and
  • Not disclosed to anyone other than individuals providing such treatment. Physicians of the students' choosing, however, may review health records.

A request for release of education records to a third party must be documented. Since a signed consent is required, neither telephone nor electronic mail (E-mail) requests will be honored; however, facsimile (fax) requests and computerized requests submitted by the student through a WCU system requiring the use of a Personal Identification Number (PIN) will be honored. (The PIN, known only to the student, serves as an electronic signature.) In addition, to release information to the parent(s) of a dependent student, Western Carolina University requires the written consent of the student. All requests for disclosure of any information from a student's education records are maintained in the Registrar's Office.

Within the Western Carolina University community, only those members, individually or collectively, with a legitimate educational interest are allowed access to a student's education records. For these purposes, 'legitimate educational interests' means (1) the information or records requested are relevant and necessary to the accomplishment of some task or determination; and, (2) the task or determination is an employment responsibility for the inquirer or is a properly-assigned subject matter for the inquirer's employment responsibility.

Disclosure to a school official having a legitimate education interest does not constitute institutional authorization to transmit, share, or disclose any or all information received to a third party. An unauthorized disclosure of personally identifiable information from the education record of the student is prohibited.

The public posting of grades by instructors is prohibited. Students are expected to access grades through the web.

Western Carolina University does not release educational records of a deceased student unless: (1) authorized by the executor/executrix of the deceased student's estate; (2) authorized by the deceased student's parents if no executor/executrix has been appointed; or (3) death is established by a certified copy of a death certificate.

At its discretion, the institution may provide Directory Information in accordance with the provisions of the Act to include:

Student name Local and home address
Telephone numbers
Classification
Parent/guardian
County
Major field of study
Photograph
Dates of attendance
Degrees
Honors and awards received
The most recent previous educational agency or institution attended by the student
Participation in officially recognized activities and sports
Weight and height of members of athletic teams
Electronic mail (E-mail) address

Students may withhold Directory Information by notifying the Registrar's Office in writing within five working days from the first day of classes for the fall term or by the first day of classes for subsequent terms.

Requests for non-disclosure of Directory Information will be honored until the student requests that the hold be removed. Students are warned, however, prior to making a decision to withhold personally identifiable data, that undesirable consequences frequently occur, such as names of students on the Dean's List are not published, names are not listed in commencement bulletins, and requests from prospective employers are denied. Forms are available in the Registrar's Office, 201 HFR Administration Building, and on the web at http://registrar.wcu.edu/Forms/students.htm

The law provides students with the right to inspect and review information contained in their education records, to challenge the contents of their education records, to have a hearing if the outcome of the challenge is unsatisfactory, and to submit explanatory statements for inclusion in their files if the decisions of the hearing panels are unacceptable. The Registrar's Office at Western Carolina University has been designated by the institution to coordinate the inspection and review procedures for student education records. Students wishing to review their education records must make written requests to the Registrar's Office listing the item or items of interest. Only records covered by the Act will be made available within forty-five days of the request. Students may have copies made of their records with certain exceptions (for example, a copy of the academic record for which a financial "hold" exists or a transcript of an original or source document that exists elsewhere).

Students may not inspect and review the following as outlined by the Act:

• Financial information submitted by their parents;
• Confidential letters and recommendations associated with admissions, employment or job placement, or honors to which they have waived their rights of inspection and review;
• Education records containing information about more than one student, in which case the institution will permit access only to that part of the record which pertains to the inquiring student;
• Records connected with an application to attend Western Carolina University if that application was denied;
• Those records that are excluded from FERPA.

Students who believe that their education records contain information that is inaccurate or misleading, or is otherwise in violation of their privacy or other rights, may discuss their problems informally with the Director of Equal Opportunity Programs. If the decision is in agreement with the students' requests, the appropriate records will be amended. If not, the students will be notified within a reasonable period of time that the records will not be amended, and they will be informed by the Director of Equal Opportunity Programs of their right to a formal hearing. Student requests for a formal hearing must be made in writing to the Vice Chancellor for Student Affairs who, within a reasonable period of time after receiving such requests, will inform students of the date, place, and time of the hearing. Students may present evidence relevant to the issues raised and may be assisted or represented at the hearings by one or more persons of their choice, including attorneys, at the students' expense. The hearing may be conducted by any individual, including an official of the University, who does not have a direct interest in the outcome of the hearing.

Decisions of the hearing panels will be based solely on the evidence presented at the hearing, will consist of written statements summarizing the evidence and stating the reasons for the decisions, and will be delivered to all parties concerned. The education records will be corrected or amended in accordance with the decisions of the hearing panels if the decisions are in favor of the students. If the decisions are unsatisfactory to the students, the students may place with the education records statements commenting on the information in the records, or statements setting forth any reasons for disagreeing with the decisions of the hearing panels. The statements will be placed in the education records, maintained as part of the students' records, and released whenever the records in question are disclosed.

Students who believe that the adjudication of their challenges were unfair or not in keeping with the provisions of the Act may appeal, in writing, to the Chancellor of the institution, whose decision will be final. Further, students who believe that their rights have been abridged, may file complaints with the Family Policy Compliance Office, US Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-4605 concerning the alleged failures of Western Carolina University to comply with the Act.

Initially approved: September 1, 2000
Administering office: Registrar's Offfice