EDUCATIONAL RECORDS POLICY

The Family Educational Rights and Privacy Act of 1974 (commonly referred to as FERPA or the Buckley Amendment) is designed to protect the confidentiality of the records that educational institutions maintain on their students and to give students access to their records to assure the accuracy of their contents. The Act affords you certain rights with respect to your education records. These rights are:

1) Access to education records: the right to inspect and review your education records within 45 days of the day the University receives a written request for access, anytime after your matriculation.

2) Compliance: the right to contact the Family Policy Compliance Office with a complaint concerning the University's compliance with the requirements of the Buckley Amendment. For more information, contact the University Registrar.

3) Disclosure of education records: the right to consent to disclosures of personally identifiable information in your education records, except to the extent that the act or any superseding law authorizes disclosure without your consent.

4) Request for amendment of education records: the right to request amendment of your education records if you believe they are inaccurate or misleading.

I. Definitions

Stetson University uses the following definitions in this policy:

a. Education records: any record maintained by the University, which is directly related to a student, with the following exceptions:

· Records made by University employees which are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;

· Employment records unless the employment is contingent on the fact that the employee is a student;

· Records maintained by the Public Safety Office solely for law enforcement purposes;

· Records made, maintained and used by professionals or paraprofessionals (e.g., physician, psychiatrist, psychologist, or counselor) only in connection with treatment of the student, and disclosed only to individuals providing the treatment. Such health records may be reviewed by a physician or other appropriate professional of the student's choice;

· Alumni records containing information about individuals after they are no longer students at the University.

b. Legitimate educational interest: A school official has a legitimateeducational interest when the official needs to review an education record inorder to fulfill his or her responsibility on behalf of the University, such as whenthe official is performing a task that is specific in his or her job description or bya contract agreement or other official appointment; performing a task related toa student's education; performing a task related to the discipline of a student; orproviding a service or benefit relating to the student or student's family, such ashealth care, counseling, job placement, or financial aid.

c. School official: a person employed by the University in an administrative, supervisory, academic, research, or support staff position, including UniversitySecurity and student Health staff; individuals or entities with whom theUniversity has contracted (e.g., an attorney or auditor, the National StudentClearinghouse); individuals serving on the Board of Trustees; and studentsconducting University business (e.g., serving on official committees, workingfor the University, or assisting another school official in performing his or hertasks).

d. Student: any person who attends or has attended the University.

II. Access to Education Records

You have the right to inspect and review your education records within 45 days of the day the University receives a written request for access, anytime after your matriculation. You should submit your written request, identifying as precisely as possible the record(s) you wish to review, to the University Registrar, dean or other appropriate official records custodian. The University official will make arrangements for your review of the education records, or will advise you of the correct official to whom the request should be addressed. If you wish to photocopy or otherwise reproduce all or a portion of your education records, you may do so, for those items to which you have not waived your right of access, at the cost normally charged students for use of such University equipment.

a. Waivers: When you wish a member of the faculty or administration to write a letter of recommendation to graduate schools or possible employers, you may be asked to sign a waiver to assure the confidentiality of the recommender's observations. If this occurs, it means only that we need to be able to say candidly what we think about your capabilities and potential. Very simply, such candor is in the long-range best interest of all Stetson students and the University.

If you use the services of our career services offices in an effort to secure employment or access to graduate school, waivers are likely to be requested regarding your transcript, your resume, letters of recommendation on file with the office(s), and any other data of natural interest to interviewers. Waivers may be signed only for the specific purposes of application for admission, candidacy for honorary recognition (including merit-related financial aid) and application for employment. Waivers will not be required and you may be told, at your request, the names of those supplying references. You may revoke a waiver, in writing, for future actions but not for letters or recommendations already in your education records.

b. Records not open to student review: In accordance with federal regulations, students do not have the right to review the following records:

· The financial records of the student's parents.

· Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in the file before January 1, 1975.

· Records connected with an application to attend Stetson University if that application was denied.

· Education records containing information about more than one student, in which case the University will permit access only to that part of the record which pertains to the inquiring student.

· Those records which are excluded from the FERPA definition of education records.

c. Right of the University to refuse to provide copies: Stetson University reserves the right to deny copies if the transcripts or other records are not required to be made available under FERPA, if the student has an overdue financial obligation to the University, or if there is an unresolved disciplinary matter involving the student.

There is a $5 fee for each official academic transcript requested in the Office of the Registrar.

III. Compliance

You are encouraged to contact the University Registrar with any questions about your rights under FERPA. Under FERPA, you have the right to contact the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, DC 20202-4605, e-mail address ferpa@ed.gov, with a complaint about the University's compliance with FERPA.

IV. Disclosure Of Education Records

a. You have the right to consent to disclosures of personally identifiable information in your education records, except to the extent that the act or any superseding law authorizes disclosure without your consent. Other than directory information, Stetson University will disclose student education records only with the written consent of the student, except in certain situations where the University retains discretion under FERPA or is authorized under any superseding law to disclose such records without consent, including the following:

1. to school officials who have a legitimate educational interest in the records.

2. to officials of another school in which you have sought or intend to enroll.

3. to authorized officials of the following entities, in connection with federal or state supported education programs such as the U.S. Department of Education; the U.S. Comptroller General; the U.S. Attorney General; or state and local educational authorities.

4. In connection with a student's request for or receipt of financial aid,including determining the eligibility, amount or conditions of the financialaid or enforcing the terms and conditions of the aid.

5. if required by a state law requiring disclosure that was adopted beforeNovember 19, 1974.

6. to state and local authorities to whom such information is specifically allowed to be reported or disclosed under state law in connection with the juvenile justice system.

7. to organizations conducting certain studies for educational purposes for or on behalf of the University.

8. to accrediting organizations, including individuals on visiting committees, to carry out their functions.

9. to parents who claim the student as a dependent for income tax purposes. In our judgment, the paying of tuition by a parent or other individual is sufficient indication that the student qualifies as a dependent. If your tuition is being paid by someone else, but you are not a dependent for federal income tax purposes, you should notify the University Registrar of your independent tax status, in which case education record information will be released only with your consent or upon receipt of a federal income tax return indicating your dependency status, unless otherwise authorized by law.

10. to comply with a judicial order or a lawfully issued subpoena, provided the University makes a reasonable attempt to notify you in advance of compliance (except in certain cases involving grand jury subpoenas) or when the University is involved in a legal action with a parent or student, where disclosure is to the court, without a court order or subpoena, and is relevant for the University to proceed as plaintiff or to defend itself.

11. to appropriate parties in a health or safety emergency.

12. to an alleged victim of any crime of violence or non-forcible sexual offense (as defined by FERPA regulations at 34 CFR 99.39), the final results of any University disciplinary proceeding with respect to the crime or offense, regardless of whether the University concluded a violation was committed otherwise in connection with a disciplinary proceeding for a crime of violence or non-forcible sexual offense (as defined above), the University retains the discretion to disclose the final results of the disciplinary proceeding only if the University determines that the alleged student perpetrator has committed a violation of University rules/policies with respect to the crime or offense. The name of any other student, victim or witness, may not be disclosed without that other student's consent. Disclosure to any individual other than the alleged victim applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998.

· For purposes of subsections (a) and (b), "final results" must include only the name of the alleged perpetrator student, the violation committed (rules violated and essential supporting findings), and the sanction imposed (disciplinary action taken, date, and duration).

13. to comply with a court order obtained under the USA PATRIOT Act of 2001 for education records considered relevant to a terrorism investigation or prosecution, without advance notice to the student.

14. to disclose to a student's parent information regarding any violation of law or of University rule or policy as to alcohol or controlled substances use or possession, if the student is under age 21 at the time of the disclosure and the University determines that such alcohol/drug use or possession constitutes a disciplinary violation.

15. to disclose information provided to the University under Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) concerning registered sex offenders who are required to register under that section.

16. to the U.S. Citizenship and Immigration Services (USCIS) / Department of Homeland Security (DHS) concerning an F, J, or M nonimmigrant alien, only to the extent necessary for the University to comply with Student and Exchange Visitor Program (SEVP) reporting requirements, as mandated by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the USA PATRIOT Act, the Enhanced Border Security and Visa Entry Reform Act of 2002, and the regulation at 8 CFR 214.1(h). Consent is not necessary for the University to disclose required information to USCIS or DHS in compliance with SEVP reporting obligations. Consent for the disclosure of a student's education records (in situations other than those described above) must be in writing, signed and dated by the student. The statement of consent must specify the records to be released, the reasons for such release, and to who the records are to be disclosed. Record of disclosures: Except where not required under FERPA regulations (34 CFR 99.33) (e.g. disclosures to parents, disclosures of directory information, disclosures pursuant to court order under the USA PATRIOT Act), the University will inform all third parties (anyone outside the University) to whom personal information from a student's education record is released that no further release of such information is authorized without written consent of the student. The University will maintain a record of third parties who have requested or obtained access to a student's education records (not including parties seeking directory information, parties having student consent, parents, circumstances involving certain grand jury subpoenas, and disclosures pursuant to court order under the USA PATRIOT Act), indicating the legitimate interest that each such person or entity has in obtaining this information. This record of disclosure, to be kept with the student's educational record, is available only to the student and the custodian(s) of the record. Directory Information: Stetson University designates the following categories of student information as public or "Directory Information." Stetson may disclose such information at its discretion.

· Name

· Current enrollment status

· Local address/Campus Box

· Permanent mailing address

· Local telephone number

· Campus e-mail address

· Date and place of birth

· Dates of attendance

· Class standing (e.g. sophomore)

· Schedule of classes

· Previous institution(s) attended

· Major field(s) of study

· Awards and honors (e.g. Honor Roll, Dean's List)

· Degree(s) conferred (including dates)

· Full-time or part-time status

· Photographic or videotaped image

· Past and present participation in officially recognized sports and activities, including fraternities and sororities, and physical factors of athletes (e.g. height, weight).

(Examples of information which are NOT directory information and which are thus not releasable without advanced student permission include race, religion, and parent names.)

Currently enrolled students may withhold disclosure of directory information. To withhold disclosure, written notification must be received on an annual basis (usually at matriculation) by the University Registrar's Office at: Stetson University, DeLand, Florida 32723. Directory information will then be withheld until the student releases the hold on disclosure or until the end of the current academic year, whichever comes first. The University will honor a request to withhold directory information. Students should understand that, by withholding directory information, some information considered important to students may not reach them.

V. Request for Amendment of Education Records

You have the right to request amendment of your education records if you believe they are inaccurate or misleading. You should write the University official responsible for the specific record, clearly identify the part of the record you want changed, and specify why it is inaccurate or misleading.

That University official will reach a decision and inform you in a reasonable amount of time after receiving the request. If your request to amend the record is denied, the University official will advise you of your right to a hearing on the requested amendment, and provide information on hearing procedures. This hearing will be conducted by a hearing officer or committee appointed by the Senior Vice President and Chief Operating Officer. The hearing will be held before an officer or committee with no direct interest in the outcome of the hearing. However, the hearing officer or committee will be appointed from within the University community (faculty and/or staff). The hearing will be held within a reasonable amount of time after the request for a hearing has been made. The hearing officer will notify you, reasonably in advance, of the date, place and time of the hearing.

You will be afforded a full and fair opportunity to present evidence relevant to the issue raised. You may be accompanied by an adviser who may be a member of the University faculty or staff. Parents and attorneys may be present if permission is given by the appointed hearing officer of committee chair. The hearing officer or committee will make a decision in writing based on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.

If the hearing officer or committee supports the complaint, the education record will be amended accordingly and you will be so informed. If the hearing officer or committee decides not to amend the education record, you have the right to place in the education record a statement commenting on the challenged information and/or stating the reasons for disagreeing with the decision. This statement will be maintained as part of the education record as long as the contested portion is maintained, and whenever a copy of the education record is sent to any party, your statement will be included.

Destruction of Records: Nothing in this policy requires the continued maintenance of any student record for any particular length of time. However, if under the terms of this policy you have requested access to your education record, the record will not be destroyed before the custodian has granted you access.