University Policy Office
PROTOCOL FOR RESPONSES TO REQUESTS FOR INFORMATION ABOUT STUDENTS
REQUESTER | THE STUDENT REQUESTING HIS/HER OWN RECORDS [2][5] | PARENT OR GUARDIAN | FACULTY OR OTHER SCHOOL OFFICIAL | OTHER PARTIES SEEKING INFORMATION |
DEFINITION FOR REQUESTER | Any person who has enrolled, attends or has attended UCM | Natural parent, guardian or person acting in parent's absence with documentation | UCM administrator, academic or research employee. | Includes media, courts[3] , law enforcement officers and agencies[4] , lawyers, educational authorities, lending and educational institutions, victims of crimes, all others. |
ASK TO SEE ID | Check I.D | Check I.D. or ascertain relationship unless directory or exception applies. | No, unless doubt exists as to official’s identity. | Yes, if release of record depends on identity or role. |
VERIFY NEED TO KNOW | NA | Yes, in circumstances where request is for information that is not directory. | Yes, even for a UCM staff, verify legitimate educational purpose. Deny access to health information w/o consent. | Yes, or student’s written permission. Contact general counsel if questions exist. |
CONSULT WITH GENERAL COUNSEL | No, unless questions arise regarding the request. | No, unless questions arise regarding the request. | No, unless questions arise regarding the request. | Yes, for legal orders, subpoenas, summons, or if questions arise regarding the request. |
OBTAIN WRITTEN CONSENT [6] FROM STUDENT | Yes, if the record is of the type that signed consent is required. | Yes, unless directory information (and no current request not to disclose is on file in the Office of Student Affairs) No, if health or safety emergency[7] and No, if under 21 drug or alcohol offense.[8] | No, so long as the need to know and the fact that the information is desired in the educational interest of the student has been verified. | Yes, unless the information requested is directory (and no current request not to disclose is on file in the Office of Student Affairs) or another exception exists. |
EXPLAIN LIMITS ON RECIPIENT OF PROTECTED INFORMATION [9] | None | None | Yes, subject to the same limitations as UCM. | Yes, subject to the same limitations as UCM. |
MISCELLANEOUS | Student has no right to confidential letters of recommendation, confidential financial information of parents, or those items not defined as education records. (See FN 1). | Both parents have equal access, even if divorced unless court order indicates otherwise. Parents may be notified of health or safety emergencies as directed by vice president student affairs | Consult with supervisor or general counsel if doubt legitimate educational interest. Private health information cannot be shared even among UCM departments. | For directory information, be sure to check whether Office of Student Affairs has current non-disclosure request on file. |
[1]Access to student records is controlled by the Family Educational Rights and Privacy Act (FERPA) 20 U.S.C. § 1232g, 34 C.F.R. Part 99.
[2] Contained in a record maintained by UCM or an agent of UCM that would permit identification of the subject student or other students. (Consent is not required to release directory information, unless a student has a current request not to disclose directory information on file with the Office of Student Affairs.) Contained in a record containing information about a student’s health or medical status.
[3] All legal process paperwork, (e.g. subpoena, court order) should be discussed with general counsel.
[4] Refer external law enforcement and agency officials to the Department of Public Safety.
[5] Contained in a record maintained by UCM or an agent of UCM that would permit identification of the subject student or other students. (Consent is not required to release directory information, unless a student has a current request not to disclose directory information on file with the Office of Student Affairs.) Contained in a record containing information about a student’s health or medical status.
[6] Written consent must specify 1) records to be disclosed; 2) purpose of disclosure; 3) party or class of parties to whom disclosure may be made; and must be 4) signed by the student and 5) dated.
[7] To be determined and accomplished only as directed by the vice president for student affairs.
[8] To be determined and accomplished only as directed by the vice president for student affairs.
[9] When UCM can disclose protected information the recipient gets the information subject to the same restrictions as UCM.
Division of Student Affairs- FERPA booklet (PDF document)
