West Virginia University Policy on the
Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act of 1974 is a federal law which states: (a) that a written institutional policy must be established; and (b) that a statement of adopted procedures covering the privacy rights of students be made available. The law provides that the institution will maintain the confidentiality of student education records.
All WVU Students are Covered.
As defined in Board of Governors Policy 10: Student Rights and Responsibilities, a “student” is any person who has been admitted to an institution to pursue a course of study, research, or service, who is currently engaged in an institutionally sponsored activity, and who has some right or privilege to be on the campus or in the facilities of the institution, or to use the same, in connection with study, research, or service, or who yet has some right or privilege to receive some benefit or recognition or certification from the institution, under the rules, regulations, or policies of the Board of Governors or the institution. Furthermore, West Virginia University accords all the rights under the law to students who are declared independent.
Access to Education Records under this Policy is Limited.
No one outside West Virginia University shall have access to nor will West Virginia University disclose any information from students’ education records, without the written consent of students, with the following exceptions allowable by the Act: West Virginia University officials who have a legitimate educational interest; other educational institutions to which the student has applied; federal, state, or local authorities for the purpose of audit and evaluation of federal or state supported educational programs; persons or organizations in connection with financial aid for which the student has applied or received; organizations conducting studies for or on behalf of the institution for the purpose of developing, validating or administering predictive tests, administering student aid programs and improving instruction; accrediting organizations to carry out their accrediting functions; individuals authorized in judicial order or lawfully issued subpoena; the victim of an alleged perpetrator of a crime of violence or non-forcible sex-offense (final results of the disciplinary proceeding only); the parent of a student under the age of 21, regarding the violation of any federal, state, or local law or institution policy governing the use or possession of alcohol or controlled substance; to a student who is the alleged perpetrator of a crime of violence or non-forcible sex-offense; or to contractors, consultants, volunteers and other outside parties providing services and functions or otherwise acting for, or on behalf of, West Virginia University. Additionally, West Virginia University may disclose education records, without written consent of students if it determines that there is an articulable and significant threat to the health or safety of a student or other individual(s), but only to those persons whose knowledge of the information is necessary to protect the health or safety of the student or other individual(s). The Act also permits disclosure of information from a student’s education record, without the written consent of the student, to parents of their dependent student, as defined in Section 152 of the Internal Revenue Code of 1954, as amended.
Within the West Virginia University community, those academic, administrative and support personnel, including, but not limited to, employees, appointees, staff, faculty, and, in some circumstances, students, who, in the performance of their official duties, have a legitimate educational interest will be allowed access to student education records. Legitimate educational interests would include, but are not limited to, teaching, research, public service, and such directly supportive activities as academic advising, general counseling, therapeutic counseling, discipline, vocational counseling and job placement, financial assistance and advisement, medical services, academic assistance activities, and other activities that are generally supportive of overall goals of the institution and contribute generally to the well-being of the entire student body. Regardless, all such access by appropriate academic, administrative and support personnel shall be limited by their legitimate need to know.
Disclosure of Directory Information.
At its discretion, West Virginia University may provide Directory Information in accordance with the provisions of the Act. Directory Information shall be defined in the annual notice sent to students, as required under the Act.
Student Requests for Nondisclosure of Directory Information.
Students may withhold Directory Information by submitting the Official Form to the Office of the University Registrar, West Virginia University, PO Box 6009, Morgantown, WV 26506. Such requests will be processed as soon as is practicable upon receipt. A request for nondisclosure will be honored by West Virginia University until it is revoked in writing by the student. Provided, however, a request for nondisclosure of Directory Information will not revoke an otherwise valid written FERPA release already on file with the University. Students attending courses at Potomac State College may submit the Official Form to the Office of Enrollment Services, 75 Arnold Street, Keyser, WV 26726. Students attending courses at WVU Institute of Technology may submit the Official Form to the WVU Tech Office of Admissions and Records, 405 Fayette Pike, Montgomery, WV 25136.
Right to Inspect and Challenge Contents of Education Records.
The law provides students with the right to inspect and review information contained in their education records, to challenge the contents of their education records, to have a hearing if the outcome of the challenge is unsatisfactory, and to submit explanatory statements for inclusion in their files if they feel the decisions of the hearing panels are unacceptable. The Office of the University Registrar at West Virginia University, on the main campus, has been designated to coordinate the inspection and review procedures for student education records, which include but are not limited to, admissions, personal, academic, and financial files. At each Divisional Campus, the Campus Provost, or the Campus Provost’s designee is designated to coordinate the inspection and review procedures for the respective Divisional Campus.
Procedure for Inspection and Challenge of Contents of Education Records.
Students wishing to review their education records must make a written request to the office maintaining the particular education record desired to be reviewed, listing the item or items of interest; in addition, the student must send a copy of the record request to the Office of the Vice President for Legal Affairs. Only records covered by the Act will be made available within 45 days of the request. Students may have copies made of their records with certain exceptions, e.g., a copy of the academic record for which a financial “hold” exists, or a transcript of an original or source document which exists elsewhere. These copies would be made at a students’ expense at the prevailing rates charged at coin-operated copying machines operated by the university. Education records do not include records of instructional, administrative, and educational personnel which are in the sole possession of the maker and are not accessible or revealed to any individual except a temporary substitute, records of the law enforcement unit, student health records, employment records, or alumni records. Health records, however, may be reviewed by physicians of the students’ choosing.
Students may not inspect and review the following as outlined by the Act: financial records of the student’s parent(s); confidential letters and recommendations associated with admissions, employment, or career placement, or honors to which they have waived their rights of inspection and review; or education records containing information about more than one student, in which West Virginia University will permit access only to that part of the record which pertains to the inquiring student. West Virginia University is not required to permit students to inspect and review confidential letters and recommendations placed in their files before January 1, 1975, provided those letters were collected under established policies of confidentiality and were used only for the purpose for which they were collected.
Students who believe that their education records contain information that is inaccurate or misleading, or is otherwise in violation of their privacy or other rights, may discuss their problems informally with the official responsible for maintaining the student record. Following the informal discussion with the student and after consulting with the Office of the Vice President for Legal Affairs, if the official responsible for maintaining the student record is in agreement with the students’ requests, the appropriate records will be amended. If not, the students will be notified in writing within a reasonable period of time that the records will not be amended; and they will be informed by the Office of the University Registrar (or for requests made at a Divisional Campus, by the Campus Provost or the Campus Provost’s designee) of their right to a formal hearing. Students’ requests for a formal hearing must be made in writing to the Provost, or the Provost’s designee, who, within a reasonable period of time after receiving such requests, will inform students of the date, place, and time of the hearings. Students may present evidence relevant to the issues raised and may be assisted or represented at the hearings by one or more persons of their choice, including attorneys, at the students’ expense. The hearing panel which will adjudicate such challenges will consist of not less than three members, including at least one student member, of the West Virginia University Committee on Student Rights and Responsibilities, a committee consisting of faculty and students, as established by the West Virginia University Faculty Senate.
Decisions of the hearing panel will be based solely on the evidence presented at the hearing, and will consist of written statements summarizing the evidence and stating the reasons for the decisions, and will be delivered to all parties concerned. The education records will be corrected or amended in accordance with decisions of the hearing panel, if the decisions are in favor of the students. If the decisions are unsatisfactory to the students, the students may place with the education records statements commenting on the information in the records, or statements setting forth any reasons for disagreeing with the decisions of the hearing panel. The statements will be placed in the education records, maintained as a part of the students’ record, and released whenever the records in question are disclosed.
Students who believe that the adjudications of their challenges were unfair, or not in keeping with the provisions of the Act, may appeal in writing to the President of West Virginia University. Decisions made by the President, or the President’s designee, are final. Further, students who believe that their rights have been abridged may file complaints with Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave., S.W., Washington, DC 20202-4605, concerning the alleged failures of West Virginia University and/or the West Virginia University Board of Governors to comply with the act.
Effective January 1983; Revised October 2009
