I. Introduction
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA rights are provided only to University applicants upon actual acceptance to and subsequent enrollment for classes at the University. Under FERPA, students attending an institution of postsecondary education may:
A. Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that such disclosures are authorized without consent as more fully described below in Paragraph IX (A);
B. Choose to suppress (i.e., keep from being disclosed) their directory information per the process identified below in Paragraph IX (B);
C. Inspect and review their education records;
D. Seek amendment of those education records believed to be inaccurate, misleading or otherwise in violation of their privacy rights; and
E. File complaints with the Department of Education about alleged failures by the University to comply with the requirements of FERPA.
II. Definitions
A. Student: any person who attends or has attended the University. For purposes of FERPA, Georgia State University considers an admitted student to be “in attendance” upon enrollment/registration for classes. Note: The definition of “student” set forth above is only for use in connection with this guidance. For the official University definition of “student”, please refer to the Georgia State University Student Code of Conduct.
B. Education Records: any records (in handwriting, print, tapes, film, computer or other medium) maintained by the University or an agent of the University which are directly related to a student except:
C. Directory Information: information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Georgia State University has designated the following types of information to be directory information: student name, mailing addresses, telephone number, date and place of birth, major field of study, full or part-time status, participation in officially recognized activities and sports, degrees and awards applied for and/or received, dates of attendance, previous educational institutions attended by the student, photographs and other recorded images, and, with respect to members of athletic teams, height, weight, age, hometown, hobbies, and general items of interest.
III. Federal Student Records Law
Annually, Georgia State University informs students of the protections afforded by the Family Educational Rights and Privacy Act (FERPA) of 1974. (20 U.S.C. 1232g and 34 C.F.R., 99.1-99.67) This Act, with which the institution endeavors to fully comply, was designed to protect the privacy of educational records, and to establish the right of students to inspect and review their non-privileged educational records. The act also provides guidelines for the correction of inaccurate or misleading data through informal and formal hearings. Students have the right to file complaints with the U.S. Department of Education Family Policy Compliance Office concerning alleged failures by the University to comply with the Act. An informal complaint may be filed within the University by contacting the Registrar. This guidance explains in detail the procedures to be used by the University for compliance with the provisions of the Act. Questions concerning the Family Educational Rights and Privacy Act may be referred to the Office of the Registrar or the Office of Legal Affairs.
IV. University-Maintained Student Records
The student records maintained by the University are classified as follows:
A. Official academic records are maintained in the Office of the Registrar. They include admission applications and associated documentation; the registration records for each semester in residence; the records of grades and credits received in courses at this University or accepted here from another institution; and other documents directly relating to academic progress and status. The dean of each college is the custodian of records for all college and departmental records regarding students not of the type maintained by the Registrar’s Office.
B. Disciplinary records are maintained by the Office of the Dean of Students. They include information about the investigation, adjudication and imposition of sanctions by the University against an individual student for breach of the University’s Code of Conduct or other written policies.
C. Financial records: Fee payment records are maintained by the Office of Student Accounts. Financial aid application records, including tax forms, are maintained by the Financial Aid Office.
D. Employment records of students receiving financial aid consist of work-study authorizations and are maintained by the Financial Aid Office. Non-work study employment records of students are maintained by the Office of Human Resources. Graduate student teaching and research appointment records are maintained by the involved College or department. Some employment records of students with graduate teaching and research appointments may also be maintained by the Office of Human Resources.
E. Medical, psychological and counseling records are maintained by the University department providing the involved health care (i.e., Health Clinic, University Counseling & Testing Center). They include records of examinations and treatments.
F. Career and job search records are maintained by University Career Services.
G. Housing records are maintained by University Housing. They include housing applications/agreements and related information.
H. PantherCard and parking records are maintained by Auxiliary and Support Services.
Student educational records maintained on Banner are covered by this guidance and should only be accessed by University employees with a legitimate educational interest or whose access is otherwise undertaken to comply with FERPA. Unauthorized access is a violation of federal law and University policy.
No record shall be kept of the political views of students or of student membership in any organization except for academic, honorary, professional and social organizations directly related to University life. Records maintained by student organizations are not considered University records. Student organizations are, however, expected to take reasonable steps to protect student information they maintain from unwarranted invasions of privacy and to permit students to access their records.
V. Student Access to Records
A. Inspection of records is granted only upon written request, presented in person with appropriate identification, and must be made in the presence of designated personnel of the office maintaining the records. All requests shall be granted as soon as practicable, but in no event later than 45 days after the date of request. No documents or files may be altered or removed once a request has been filed. When an original record is shown to the student, examination will be permitted only in the presence of a University employee and any other conditions deemed necessary to prevent the alteration, mutilation, or loss of such original records. Upon reasonable request by the student, verbal explanations and interpretations of education records will be promptly provided except where a verbal response is not practical or appropriate. Requests for written explanations/interpretations of education records must be made in writing. If an education record is not in a form readily reviewable by the student (e.g., records stored in microfilm or electronically), a true and correct copy of the record will be provided for the student’s inspection.
B. Copies of Records
1. Copies to students will be provided to students in good standing upon written request and payment of fees for copies (see the Request for Access to Student Record Form at http://www.gsu.edu/registrar/academic_records.html), with the exception of transcripts received from other educational institutions and any documents the student has waived his or her right to see. Copies of education records may be withheld by the University when the student is not in good standing as a result of such conditions as unmet financial obligations and violations of institutional regulations. Such records to be withheld may include, but are not limited to, grade reports, transcripts, and certifications of student achievement and performance. A transcript of a student’s official academic record contains information about his or her academic attainment and status exclusively. Only the Registrar is authorized to issue transcripts or to certify in any way the official academic record of a student. An official transcript is issued only when requested by the student in writing.
2. Copies to third parties will be provided upon receipt of the student’s written and signed consent for disclosure of the records. Such a written consent must:
a. identify the records to be disclosed,
b. identify the person or class of persons to whom the disclosure may be made,
c. specify the time period during which consent is applicable, and*
d. be signed and dated.
* A Consent to Release Information to Third Parties form is available online at http://www.gsu.edu/registrar/academic_records.html.
VI. Requests for Amendment and Challenge Hearings
If, upon inspection and review of his or her record, a student believes that the record is inaccurate, misleading or otherwise in violation of his or her privacy rights, he or she may request that the record be corrected. A request for correction must be submitted in writing and must specify the information being questioned, the revision requested, and the reasons the student has for disagreeing with the entry in question. Any supporting documentation should be attached to the request. Where possible, disagreements should be resolved informally. This provision does not apply to grade appeals, and students wishing to appeal the assignment of a grade should refer to the Policy and Procedures for Student Complaints, Petitions for Policy Waivers and Variances, and Appeals.
Only the Registrar, upon consultation with the respective dean, may authorize a correction in a record within the academic file of a student. Similar authority is held by the Vice President for Student Affairs, the Director of Admissions, the Director of Financial Aid, the respective College Dean and the Director of Personnel for the records which are maintained under the authority of these various University officials.
The University representative to whom a request for correction of a non-academic file is properly addressed will notify the student of his or her decision within 21 days after receipt of the written request. If the University decides that the information in a student’s education record is inaccurate, misleading or in violation of the student’s right of privacy, it will amend the record and notify the student, in writing, that the record has been amended. If the University decides that the challenged information is not inaccurate, misleading or in violation of the student’s right of privacy, it will notify the student of the right to place in the record a statement commenting on the challenged information and a statement setting forth reasons for disagreeing with the decision. Such a statement shall become a part of the information contained in the education record and will be disclosed with it.
Should the University decide the challenged information is not inaccurate, misleading or in violation of the student’s right of privacy, then the student will also be advised of the right to appeal the University’s decision and challenge the information believed to be inaccurate, misleading or in violation of the student’s privacy rights. The appeal may extend only to the material in the respective University file. While it may extend to the correct recording of a grade, it may not include a challenge to the assignment by the instructor of the grade. The student has 20 days to appeal the decision in writing to the Provost and ask for a hearing. On behalf of the President of the University, the Provost shall refer the appeal to an existing committee or designate a hearing committee comprised of University officials who do not have a direct interest in the outcome of the hearing. Georgia State University will notify the student, reasonably in advance, of the date, place and time of the hearing. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. The student may bring one individual to act as an advisor but the individual may not address the committee. The committee will prepare a written recommendation based solely on the evidence presented at the hearing and submit it to the Provost who will make a determination on the matter. The recommendation will include a brief summary of the evidence presented and the reasons for the decision. The decision of the Provost may be appealed in writing to the President within 20 days of the date of the decision. The appeal to the President shall be made on the record.
VII. Career Services
The file of a student maintained in the Office of Career Services is assembled at the initiative of the student. The extent of disclosure to prospective employers, graduate schools, organizations awarding fellowships and the like shall be made clear to the student when he or she requests that the file be assembled and shall be agreed to by him or her on a form specifically provided for that purpose.
The student may make a specific waiver of access to evaluations solicited and/or received under condition of confidentiality, but the waiver must be made by the student without pressure or coercion. Any evaluation received under such condition of confidentiality without the student’s waiver of access or without the student’s knowledge shall not be incorporated in the file but shall be returned to the sender.
VIII. Addition to Records
No entry may be made on a student’s official records and no document or entry may be placed in such records without written notice to the student by the administrative officials responsible for the specific category of information, as identified in Paragraph IV. For purposes of this guidance, notification of grades, written communication to a student of school or departmental evaluation and announcement of honors shall constitute adequate notice. A document or entry supplied by or at the request of the student may be placed in the student’s record without additional notice to him or her. In the case of student records maintained in deans’ offices and departmental offices, additions other than those mentioned in the preceding paragraph require the permission of the Registrar, who in turn is responsible for notification of the student.
IX. Release of Student Information
A. Georgia State University will disclose information from a student’s education records only with the written consent of the student, except that the records may be disclosed without consent when the disclosure is:
b. A school official has a legitimate educational interest if the official is:
The determination as to whether or not a legitimate educational interest exists will be made by the custodian of the records on a case-by-case basis. When the custodian has any question regarding the request, the custodian should withhold disclosure unless the custodian obtains consent from the student, or the concurrence of a supervisor or other appropriate official that the record may be released.
B. Choosing to Suppress Directory Information – Directory Information is treated as public information. Students may choose to keep their directory information from being disclosed (“suppressed”) by submitting a written request to the University’s Registrar at any time. However, to keep the directory information from being included in various printed University publications, such requests should be made before the end of the drop/add period for Fall Semester. Information cannot be deleted after printed publications have gone to press and information previously-released in printed publications cannot be recalled. Information contained in electronic publications may generally be changed upon 48 hours notice. Students having opted to suppress their directory information may change their position at a later date by notifying the Office of the Registrar in writing. Please note: refusing to permit the release of directory information means that a student’s history at Georgia State will be suppressed in full, preventing the verification by future employers and others of degrees earned and dates of enrollment.
Exception to Directory Suppression: Due to system constraints, final graduation lists and official programs will include all students who are graduating, regardless of Directory Suppression, unless otherwise stated on the Graduation Application.
C. Records of Deceased Students will be made available to the parents of the deceased student and other authorized parties upon written request. The request must include the need for the records and must identify the requestor’s relationship to the deceased student. An official copy of the death certificate must accompany the request, if the University does not have prior notice of the student’s death.
D. The University has the discretion to disclose to any parent or legal guardian of a student under the age of 21 information about a violation of any federal, state or local law, or any rule or policy of the institution governing the use or possession of alcohol or a controlled substance if the institution determines that the student has committed a disciplinary violation with respect to such use or possession.
X. Recordkeeping Requirements
Georgia State University will maintain a record of requests for and/or disclosures of information from a student’s education records which record may be reviewed by the student. The record will indicate the name of the party making the request and what records, if any, were received, as well as the interest in the records. Such recordkeeping is not required if the request was from, or the disclosure was to:
Recognition is given to The Catholic University of America upon whose FERPA Policy Georgia State University’s FERPA Policy was modeled.
Approved by Administrative Council on March 2, 2011.