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Policy: XV.D.1 (x inactive)

Issued: August 7, 1996

Owner: Registrar's Office

Latest Revision:

PROTECTING PRIVACY RIGHTS OF STUDENTS


**INACTIVE POLICY**

For Current Policies:
Policy Table of Contents

 

1.0 Purpose

This policy describes the privacy of rights of the Students.

2.0 Policy [Top]

2.1 Introduction

This policy was first issued by the University President in October 1976 to Vice Presidents, Deans, and other custodians of students' records. The policy statement was amended and reissued both in 1981, 1985, and 1996. The President stated in the cover letter,

"You should familiarize yourself with this statement and make sure that those who are subject to your supervision and who deal with students' educational records have a clear understanding of the requirements."

See also:

Policy XV.C.1, "Disclosure of University Records."

Pursuant to the Family Educational Rights and Privacy Act of 1974 as amended, 20.U.S.C. 1232g (hereinafter the "Act") and the Rules of the U.S. Department of Education, 34 C.F.R. Part 99 (hereinafter the "Rules"), the University of Virginia has formulated and adopted the following policy and procedures to protect the privacy rights of past and present students. Copies of this document shall be made available to students and authorized parents of students upon request.


2.2 Student Rights

Students attending, or who have attended, the University (hereinafter "students") are given certain rights under the Act and Rules. Student rights under the Act and Rules may be summarized as follows:

Note: A student may exercise all rights granted under the Act and Rules without regard to possible status as his/her parents' dependent.

The University shall provide annual notification to students attending the University of their rights under the Act and Rules. This notification shall take the form of a notice to appear in The Cavalier Daily, The University Journal, The Colonnades, The Record, or other University-wide printed media.

See "Student Rights Notification"


2.3 Types of Education Records

The following types of education records include but are not limited to:

Admission Records - Such records may contain the following types of information:

Financial Aid Records - Such records may contain the following types of information:

Academic Records - Such records may contain the following types of information:

Employment Placement Records - Such records may contain the following types of information:

International Student Records - Such records may contain the following types of information:


2.4 Disciplinary Records

Such records may contain any disciplinary actions that have been taken by the University.


2.5 Officials Maintaining Records

The following officials maintain education records at the University of Virginia. (TITLES AND ADDRESSES OF OFFICIALS)

The University at Charlottesville

Registrar of the University

Chairmen, Officer Education

Arts and Sciences

Professional Schools

Health Affairs

Student Affairs

Business and Financial Affairs

Division of Continuing Education

Dean


2.6 Inspection and Review

Students shall be allowed to inspect and review their education records. The following procedures shall control such inspection and review:

The University is not required to permit a student to inspect and review the following records:

In addition, only information pertaining to the student in question may be released, if the education records of a student contain information on more than one student. Information pertaining to other students should be deleted prior to disclosure.


2.7 Amendment of Education Records

Students who believe that information contained in their education records is inaccurate or misleading or violates the privacy or other rights of the student may seek the correction of their records through a request to amend the records or through a hearing. Challenges can only be made to the accuracy of the records; they cannot be made to the judgments the records contain (for example, the accuracy of the recording of a grade may be challenged, but the grade itself may not be challenged).

Request to amend

A student who believes that information contained in his or her education record is inaccurate, misleading, or violates his or her privacy or other rights may direct a request for its amendment to the official custodian of the education record. If the student does not know the identity of the official custodian, the student shall direct the request to the Dean of his or her school. To the extent possible, the student shall specify the exact type, source, and date of the education record he or she seeks to correct. In addition, the student shall specify the reasons for the nature of the proposed correction.

The official shall decide whether to amend the student's education record in accordance with the request within fourteen days of receipt of the request.

If the official decides to refuse to amend the education record of the student in accordance with the request, the official shall so inform the student of the refusal and advise the student of the right to a hearing.

Hearings

The University shall, on request, provide an opportunity for a hearing in order to challenge the content of a student's education record to insure that information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student.

The following procedures shall control such a hearing:

If, as a result of the hearing, the University decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall amend the education record accordingly and so inform the student in writing.

If, as a result of the hearing, the University decides that the information is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it shall inform the student of the right to place in the education record a statement commenting upon the information in the education record and/or setting forth any reasons for disagreeing with the decision of the University.


2.8 Prior Consent for Disclosure

The University shall obtain the student's written consent (specifying the records to be released, the reasons for such release, and the recipient of the information) before disclosing personally identifiable information from a student's education records except as provided below.

Consent is not required if the information disclosed has been designated as directory information, unless the student informs the Vice President for Student Affairs that any or all of such information should not be released without the student's prior written consent. This certification does not preclude the verification of degrees awarded.

Directory information includes the student's name; home and school address; home and school telephone number; place of birth; age; country of citizenship; major field of study; school of enrollment; full-time/part-time status; year in school; participation in officially recognized activities and sports; dates of attendance; degrees, honors, scholarships, and awards received; and the most recent previous educational agency or institution attended. In addition, directory information includes the names of a student's parents or guardians and the weight and height of members of athletic teams.

To restrict the disclosure of directory information, a student must inform the Vice President for Student Affairs that specified categories of directory information are not to be released without the student's prior written consent. A student must so inform the University Registrar in writing and within fourteen days after fall registration.

Consent is not required where the disclosure is to other school officials within the University who have a legitimate educational interest in the information.

School officials are those individuals who engage in the instructional, supervisory, advisory, and administrative functions of the University. They need not necessarily be paid employees of the University. School officials include:

In order for a school official to have a legitimate educational interest, he or she must require the student's education records in the course of performing his or her instructional, supervisory, advisory, and administrative duties for the University. The selection of students to officially recognized honor societies, periodicals, and other activities which recognize or encourage superior academic achievement is a legitimate educational interest. The continued and effective functioning of the Honor System to promote and preserve a community of trust is a legitimate educational interest.

Consent is not required where the disclosure is to the following individuals or organizations:

Officials of other schools or school systems in which the student seeks or intends to enroll. Unless the disclosure is initiated by the student or pursuant to the request of the recipient school, the University shall make a reasonable attempt to notify the student of the records transfer. Upon request, the University shall provide the student with a copy of the education records which have been transferred and with an opportunity for a hearing to challenge the content of the records.

Certain officials pursuant to their statutory purposes:

Any party legitimately connected with a student's application for, or receipt of, financial aid.

State and local officials and authorities to which such information is specifically required to be reported or disclosed pursuant to State statute adopted prior to November 19, 1974.

Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction.

Accrediting organizations, for the purpose of carrying out their accrediting functions.

Parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954.

Parties acting under authority of a judicial order or pursuant to any lawfully issued subpoena. This exception to the consent requirement is allowable only upon the condition that the University makes a reasonable effort to notify the parents and the student of the order or subpoena in advance of compliance therewith.

Appropriate persons in connection with an emergency, if the knowledge of such information is necessary to protect the health or safety of a student or other persons.

The University shall, for the purposes of compliance with the Act and Rules, presume that all undergraduate students are dependent upon their parents, and that all graduate students are not dependent upon their parents. This presumption may be rebutted by a written statement signed by the parents and directed to the official of the records.


2.9 Record of Disclosure

The University shall maintain a record, kept with the education records of each student, which will indicate:


2.10 Limitation on Redisclosure

The University may disclose personally identifiable information from the education records of a student only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior written consent of the student; provided that,

The University shall inform the recipients of personally identifiable information of the limitation on redisclosure, when such a limitation is applicable, by the following statement which is to accompany all such disclosures:

The University of Virginia is disclosing herewith personally identifiable information from the education records of a student.

This disclosure is made upon the condition that you will not disclose the information to any other party (except to your officers, employees, and agents pursuant to purposes for which the disclosure is made) without obtaining the prior written consent of the student.


2.11 Waiver of Student Rights

Any student, or any parent of a student, may waive his/her rights under this Procedure, as follows:


2.12 Destruction of Records

In general, records should be retained as long as space is available for them. The following educational records are not to be destroyed, even if the records themselves are on a State-approved destruction schedule submitted through the University Archivist.

Subject to these limitations, custodians of education records shall periodically review and in their discretion and after obtaining approval of the Archives and Records Advisory Committee, expunge such records.

See also:

Policy II.C.1, "Records Retention and Disposition."


2.13 Enforcement

Any student or parent of a student who believes that his/her privacy rights have been violated should direct complaints in writing to:

The Student and Family Educational Rights and Privacy Office
Department of Education
Room 3021 FOB6
400 Maryland Ave., S.W.
Washington, DC 20202


2.14 Titles and Addresses of Officials Maintaining Records

TITLE
ADDRESS
Registrar
Carruthers Hall
Varsity Hall
B30 New Cabell Hall
Chairman, Department of Naval Science
Maury Hall
444 Cabell Hall
Garrett Hall
Campbell Hall
Darden School, North Grounds
Monroe Hall
Ruffner Hall
Thornton Hall
Law School, North Grounds
Box 395, Medical Center
McLeod Hall
Peabody Hall
The Rotunda
Miller Hall
Director, Student Health
Box 378, Medical Center
Garrett Hall
Director, Student Counseling Center
204 University Way
Miller Hall 201
Cabell Hall 411
B012, Brooks Hall
Carruthers Hall
Page-Emmet, Station #1
1101 Millmont Street
Zehmer Hall, 104 Midmont Lane

Note: The following statement appears as an annual notice in the Cavalier Daily, the University Journal, and possibly other University-wide publications.


2.15 Student Rights Notification

Students attending, or who have attended, the University of Virginia are given certain rights under the Family Educational Rights and Privacy Act of 1974 as amended (20 U.S.C. 1232g) and Rules of the Department of Education (34 C.F.R. Part 99) implementing this Act.


2.16 Student Rights

Student rights under the Act and Rules may be summarized as follows:


2.17 Policy and Procedures

The University has adopted policy and procedures to protect the privacy rights of the past and present students. The policy and procedures describe:

Copies of the University's policy and procedures are available to students (and authorized parents of students) upon request at the Registrar's Office.


2.18 Directory Information

The University may disclose personally identifiable information designated as directory information from a student's education records without a student's prior written consent, unless the student informs the University Registrar, in writing and within 14 days after fall registration, that specified categories of directory information are not to be released without the student's prior written consent.

Directory information includes the student's name; home and school address; home and school telephone number; place of birth; age; country of citizenship; major field of study; school of enrollment; full-time/part-time status; year in school; participation in officially recognized activities and sports; dates of attendance, degrees; honors, scholarships and awards received; and the most recent previous educational agency or institution attended. In addition, directory information includes the names of students' parents or guardians and the weight and height of members of athletic teams.

3.0 Definitions [Top]

4.0 References [Top]

5.0 Approvals and Revisions [Top]


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