UNIVERSITY OF PITTSBURGH POLICY 09-08-01

CATEGORY:              STUDENT AFFAIRS
SECTION:                  Rights to Review, Inspect and Release Education Records
SUBJECT:                 Access to and Release of Education Records
EFFECTIVE DATE:   June 12, 2009 Revised
PAGE(S):                    5

I.    SCOPE

      This policy affirms (i) the rights of Students to access Education Records and

      to ensure that those records are accurate; (ii) the rights of the University

      regarding the approval, denial, and charging for requests; (iii) the regulations

      and restrictions on Directory Information; and (iv) the requirements for the release

      of information, or access to Student Education Records by a third party and the

      conditions under which release or access may be permitted by University

      officials, all in compliance with the Family Educational Rights and Privacy Act of

      1974 (FERPA), also known as the Buckley Amendment.

II.   POLICY

      Rights of Students

      Students have the right to inspect and review their Education Records; exercise

      a limited control over disclosure of information contained in their Education

      Records; seek to correct their Education Records; report violations of the FERPA

      to the Department of Education; and be informed about their FERPA rights.

      The Board of Trustees authorizes the Office of the University Registrar to inform

      Students of the nature of this policy; exercise their administrative resources to

      implement the policy; and respond to individuals who violate the policy.

      The University may provide copies of Education Records to third parties when a

      Student provides written consent allowing access to the Student’s Education

      Records.

      When a record contains information about Students other than the Student, the

      Student may inspect and review only the specific information which pertains to

      him/her.

      Seeking To Correct Education Records

      The University permits Students to inspect and review their Education Records,

      and to seek to change any part that they believe to be inaccurate, misleading,

      or in violation of the Student's privacy rights.

      If the requested change in Education Records falls within an individual school's

      Academic Integrity Guidelines, then the Guidelines shall control the procedure to

      be followed.

      If the requested change in Education Records does not fall within the individual

      school's Academic Integrity Guidelines, that is, if no violation of Student or faculty

      obligations is alleged by the Student, refer to Procedure 09-08-01, Access to

      and Release of Student Education Records.

      Directory Information

      The University designates the following personally identifiable information

      contained in a Student's Education Record as "Directory Information."  As such,

      the University is able to disclose this information without a Student's prior written

      consent:

      -     Name

      -     Address

      -     Phone number

      -     Place of Birth

      -     Major field of study

      -     Achievements, degrees, academic awards, or honors

      -     Weight and height, if a member of athletic teams

      -     Previous educational institutions

      -     Participation in officially recognized activities and sports

      -     Dates of attendance

      -     Electronic mail address

      -     Student's photograph

      When the Office of the University Registrar receives written notice of a Student's

      refusal to permit the release of "Directory Information," no further disclosures are

      made without that Student's written consent (except to parties who have legal

      access to Student Records without written consent).

      Provided the Student does not refuse permission, "Directory Information" may

      be released by:

      -     The Vice Provost and Dean of Students

      -     The Director of the University Student Judicial System

      -     The University Registrar

      -     The Registrar at each Regional Campus

      -     Data Security Administrator

      -     Office of General Counsel

      Directory Information may be released on a limited basis, relevant to the

      performance of their duties, by the Director of Athletics, Vice Chancellor for

      Public Affairs and the Assistant Vice Chancellor of News, Information, and

      National Medial Relations.

      Denial of Requests

      The University may deny a request for copies of Education Records when the

      requester refuses to furnish proper identification and/or information required by

      the University.

      Charges for Copies of Student Education Records

      The University reserves the right to charge a fee for providing copies of Student

      Education Records, such as:

      -     Transcripts forwarded to potential employers

      -     Transcripts sent to post-secondary institutions for admission purposes

      -     Other units of information, varying by department and type of request

      Record Custodians in each department will provide the current charges for copies

      in their respective units.

      Access to Student Education Records By Written Consent

      Except as provided below, release of information or access to a Student’s

      Education Records by a third party will be permitted with written consent of the

      Student.  Such written consent must be signed and dated by the Student and

      should:

      -      Specify the records that may be disclosed

      -      Identify the party or class of parties to whom the disclosure may be made

      Such release of Education Records shall be made on the conditions that the
      party to whom the information is disclosed will not disclose the information to any

      other party without the prior consent of the Student, and that the information may

      only be used for the purpose(s) for which disclosure was made.  See Exhibit A -

      Waiver to Release Educational Records.

      Access to Student Education Records for Legitimate Educational Purposes

      Access to a Student’s Education Records may be required and permitted by
      individuals for legitimate educational purposes, where access by such

      individuals is necessary to complete their University-related duties.  Under these

      conditions, the following individual(s) are among those authorized to receive

      Student Education Records:

      -     Members of the University Board of Trustees

      -     A person approved, under contract, or appointed by the University to an

            academic or research faculty position

      -     A person employed by or under contract to the Board of Trustees to serve in

            a University administrative position

      -     A person employed by the University as a temporary for administrative staff or

            faculty, for the period of his performance as a substitute

      -     Any judicial body or others possessing adjudicatory powers delegated from

            the Board of Trustees

      -     A person employed by or under contract to the University to perform a special

            administrative task (including secretaries, clerks, attorneys, auditors and

            consultants for the period of their performance as employees or contractors)

      -     Duly authorized committees and task forces established by the University

      -     University of Pittsburgh Police

      Access to On-Line Automated Student Record Systems

      Before access is granted, individuals must be informed of the importance of

      protecting the privacy of student records as established by this policy, and

      University policies 10-02-04, 10-02-05, 10-02-06 and 10-02-07 regarding data

      access and use.

      Individuals in a School will have access only to the records of those Students

      admitted to that school.

      Schools also will have access to information concerning the course sections they

      offer, including grades given in a section offered by the school, even if the

      Students in the section are not enrolled in or have not been admitted into the

      School.

      Within a School, an individual’s access may be limited to a particular level of

      Student (undergraduate or graduate) and may be limited to particular transactions.

      Release of Education Records to a Third Party by a University Official

      The Vice Provost and Dean of Students, Director of the University Student Judicial

      System, University Registrar, Data Security Administrator and the Office of

      General Counsel may permit disclosure of Education Records under the

      following circumstances:

      -     When certain Federal and State officials require information to audit, evaluate

            or enforce legal conditions related to Federally supported educational

            programs within the institution. Information disclosed under this paragraph

            must be protected in a manner that does not permit any information which

            personally identifies Students and any copies of that information must be

            destroyed when they are no longer needed.

      -     When the disclosure is in connection with financial aid for which the Student

            has applied or received, including information needed to determine the

            Student’s eligibility for the aid, determine the amount of financial aid,

            determine the conditions for the receipt of the financial aid, or enforce the

            terms and conditions of the aid.

      -     When the University enters into agreements with an individual or an

            organization to conduct studies on the University’s behalf.  These include such

            areas as developing, validating or administering predictive tests,

            administering student aid, or improving instruction.  During such studies, only

            that individual or authorized representatives of that organization may view any

            relevant information which personally identifies Students.

            Any copies of that information must be destroyed when they no longer are

            needed.

      -     To accreditation associations to perform their necessary functions.

      -     To comply with a judicial order or lawfully issued subpoena, provided that the

            University:

            (i)   makes a reasonable effort to notify Student of the order or subpoena in

                  advance of compliance, so that the Student may seek protective action,

                  unless the disclosure is in compliance with:

                  (a)  a federal grand jury subpoena and the court has ordered that the

                        existence or the contents of the subpoena or the information furnished

                        in response to the subpoena not be disclosed; or

                  (b) any other subpoena issued for a law enforcement purpose and the

                        court or other issuing agency has ordered that the existence or the

                        contents of the subpoena or the information furnished in response to

                        the subpoena not be disclosed.

                  (c)  an ex parte order requiring an educational agency or institution to

                         permit the Attorney General (or his designee) to collect records

                         pursuant to 20 U.S.C. 1232(g).

            (ii)  if the University initiates legal action against a Parent or Student, the

                  University may disclose to the court, without a court order or subpoena,

                  the Education Records of the Student that are relevant for the University to

                  proceed with the legal action.

            (iii) if a Parent or Student initiates legal action against the University, the

                   University may disclose to the court, without a court order or subpoena,

                   the Student's Education Records that are relevant for the University to

                   defend itself.

      -     To the Parents of a Student where the Student is a financial dependent of his

            Parents as defined under section 152 of the Internal Revenue Code.

      -     In a health or safety emergency, provided that the persons to whom the

            information is disclosed are qualified and in a position to respond to the

            emergency and knowledge of the information is necessary to protect the

            health and safety of the Student or other individuals.

      -     The final results of any disciplinary proceeding against a Student in which the

            Student is found to have committed a crime of violence (as defined in 18

            United States Code Section 6) or a non-forcible sex offense.

      -     To a Parent or Legal Guardian of the Student, information regarding any

            violation of any Federal, State or local law, or any rule or policy of the University

            governing the use or possession of alcohol or controlled substances if: the

            Student is under age 21; and the University determines the Student has

            committed a disciplinary violation with respect to such use or possession.

      -     To other educational agencies or institutions that have requested such

             records and in which a student seeks or intends to enroll.

      -     Nothing in this section may be construed to prohibit the University from

            disclosing information provided to the institution under the Violent Crime

            Control and Law Enforcement Act concerning sex offenders who are required

            to register.

III.  REFERENCE

      Procedure 09-08-01, Access to and Release of Student Education Records