Protocol for Responses to Requests for Information About Students

 

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 Experience and Engagement)  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 Experience and Engagement) 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 provost of student experience and engagement.	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 the Registrar and Student Records.) 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 the Registrar and Student Records.) 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 provost for student experience and engagement.

[8] To be determined and accomplished only as directed by the vice provost for student experience and engagement.

[9] When UCM can disclose protected information the recipient gets the information subject to the same restrictions as UCM.

For additional information regarding FERPA please contact the Office of the Registrar and Student Records.