Policies and
Procedures Under the
Family Educational Rights and Privacy Act of 1974 [1]
(Revised November 1, 2000)
The University of North Carolina at Chapel Hill has adopted the following policies and procedures in accordance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Sec. 1232g (as amended). It is the policy of the University that its students be accorded the full legal rights provided them under FERPA. Currently enrolled students are notified annually of these rights by means of statements that are distributed to all professional school students and published in all University catalogs and the Directory of Classes. Throughout this document the numbers in the margin refer to federal FERPA regulations (as revised 1995). These regulations contain narrow exceptions and specific rules for certain special situations that are not always spelled out in the general policy. Therefore, in dealing with specific FERPA questions, individuals should refer to the FERPA regulations appended to this policy document.
I. The Student's Right to Inspect His/Her Education Records
A. Any individual who is, or has been, in attendance at 99.10
UNC-CH has the right to inspect and review his/her 99.3
education records. "Education records" are those records
directly related to a student that are maintained by an
educational institution. The term does not include:
1. Records that are in the sole possession
of their maker and are not revealed to
anyone else except a temporary substitute;
2. Records created and maintained by the University 99.8
Police for law enforcement purposes;
3. Records relating solely to an employee of UNC-CH
in his/her capacity as an employee that are not available
for any other purposes (however, records relating to a
UNC-CH student, who is employed as a result of his/her
status as a student, are education records);
4. Student medical records created, maintained, and/or
used by a medical professional or paraprofessional
only in connection with provision of medical
treatment to the student, that are not disclosed to anyone
other than the individuals providing the treatment;[2]
5. Records that contain only information relating to a
person after s/he was no longer a student, such as
alumni records.
6. Records maintained in connection with a student's
application for admission to a UNC-CH School or program 99.5
in which s/he is not enrolled, unless the student is
accepted and attends that School or program.
B. A student is not permitted to inspect the following 99.12
records:
1. Financial records and statements of his/her parents;
2. Confidential letters and statements of
recommendation that were placed in his/her education
records before January 1, 1975 if they are used only
for the purposes for which they were intended; and
3. Confidential letters and statements of recommendation
concerning admission to an educational institution, an
application for employment, or receipt of an honor that were
placed in his/her education records after January 1, 1975
where the student has waived (in writing) his/her right to inspect those
letters and statements.[3]
4. If the student's education records contain information on another
student, s/he may only inspect his/her own information.
C. A student who wishes to inspect his/her education 99.6
records must file a written request to inspect them with the
individual who has custody of the records. In some cases
the student will be able to review the records immediately while,
in other cases, a certain amount of time will be needed to
assemble the records for inspection, but the student will
not be required to wait more than 45 days after the date of 99.10
the request before being allowed to inspect his/her education
records. A student who exercises the right to review his/her
education records is also entitled to a response from the
institution to reasonable requests for explanations and
interpretations of those records. If a student has asked
to inspect or review his/her education records, none of those
records shall be destroyed until the student's request to
inspect or review has been honored.
D. Normally the University will provide a student with a
copy of his/her education records upon request. A student 99.6
will always be provided with a copy of his/her education 99.10
records where failure to provide such a copy would effectively
prevent exercise of the right to inspect and review
education records. The office providing the copies may 99.11
charge five (5) cents for each copy but will not charge
a fee to search for or retrieve the records in question.
The University may deny a request for a copy of 99.6
education records if the student is easily able to come to the
office that maintains the records and inspect them in person
and if the records are so voluminous that copying them would
be unreasonably burdensome for the University employees
charged with the task.
A student may not receive an official copy of his/her
academic transcript if there is a "hold" on that record
because of an unpaid account, nor under normal circumstances
may s/he receive an official or certified-true copy of a
document which exists elsewhere (for example, a photocopied
transcript from the student's previous educational
institution when a copy of the original transcript may be
obtained from that institution). [4]
E. Education records are maintained by many University 99.6
offices and officials. The University offices that are
most likely to maintain education records are listed below:
1. Academic departments and schools;
2. Alumni Office;
3. Athletic Department;
4. College of Arts and Sciences;
5. Department of Housing and Residential Education;
6. Division of Continuing Education;
7. Faculty members in their roles as advisers and teachers;
8. General College;
9. Graduate School;
10. Human Resources Employee Records Department
(for students' teaching assistant, research
assistant, and graduate assistant records);
11. Office of Scholarships and Student Aid
(also for work-study student records);
12. Summer School Office;
13. Office of the University Registrar;
14. Office of the Vice Chancellor for Student Affairs;
15. School of Dentistry;
16. School of Law;
17. School of Medicine;
18. Student Health Services;
19. University administrative and business offices;
20. University Career Services;
21. Office of Student Accounts and University Receivables;
22. Veterans Services.
Any University office or official may have an education
record about a student, including offices not listed above.
A student is in the best position to determine which offices
are likely to have his/her education records. For example, if
the student never enrolled in a Chemistry course, it is unlikely that
the Department of Chemistry would have any of his/her education
records.
A complete listing of University offices, faculty, and
staff, including addresses and telephone numbers, appears in
the UNC-CH Campus Directory. Requests to inspect education
records should be addressed to individual faculty members,
Deans of schools, Directors of University offices, or Chairs
of academic departments, as appropriate.
II. The Student's Right to Seek Correction or Amendment of 99.20
His/Her Education Records
A. A student who believes that information contained in his/her
education records is inaccurate or misleading or violates
his/her privacy rights may discuss these concerns informally
with the custodian of the records in question and may request
that they be amended. If the custodian of the records agrees
with the request for amendment, the records will be amended.
If not, the custodian will notify the student within a reasonable 99.21
period of time that the records will not be amended and will
inform the student of his/her right to a formal hearing.
Cases involving enrolled students will be heard by the Student
Grievance Committee. Cases involving former students will
be heard administratively by UNC-CH officials.[5] In lieu of 99.22
requesting a formal hearing, if the student and the institution
agree that an explanatory statement alone is the appropriate
remedy, the student has the right to place a statement in
his/her education records commenting on the
information in question and/or setting forth any reasons for
disagreeing with the records custodian's decision not to
amend. Any such statement will be maintained as part of the 99.21
student's education records as long as the record, or the
contested portion of the record, is maintained by the
University, and the statement will be disclosed to any party
to whom the contested portion of the student's education
record is disclosed thereafter.
B. A student request for a formal hearing must be submitted 99.6
within six months after the student receives notice from the
records custodian that the records will not be ammended and
that the student has a right to a formal hearing and must be
addressed to the Associate University Counsel, CB# 9150,
03 South Building, who will promptly refer it to the appropriate
person or panel for hearing. The request for hearing must be
in writing and signed by the student and must contain: UNC-CH
Student
1. a statement that the student is alleging a FERPA violation; Grievance
2. a summary of the evidence and arguments the student Policy
would present at a hearing;
3. the date the student received the above-referenced notice
from the records custodian; and
4. information about the student's attempts to resolve the matter
with the records custodian and the results of these attempts.
C. A hearing will be held on the matter within a reasonable 99.22
time after receipt of the student's request, and s/he will be
given reasonable advance notice of the date, place, and time
of the hearing.
D. The student will be afforded a full and fair opportunity
to present evidence relevant to the issues raised in the
complaint and may be assisted by individuals of the student's
choice at his/her own expense, including an attorney.
E. The panel's decision will be based solely on the evidence
presented at the hearing and will include a summary of the
evidence and the reasons for the decision. The student will
be notified in writing of its findings and recommendations
within a reasonable period of time after the conclusion of
the hearing. If the panel decides the challenged information
from the student's education records is inaccurate,
misleading or otherwise in violation of the privacy rights of
the student, it will recommend that the appropriate
University official amend the student's education records
accordingly, and that official will inform the student
in writing when the amendment has been made.
F. If the panel decides that the challenged information
from the student's education records is not inaccurate,
misleading or otherwise in violation of the privacy
rights of the student, it will inform the student that s/he
she has the right to place a statement in his/her 99.21
education records commenting on the information and/or
setting forth any reasons for disagreeing with the panel's
decision. Any such statement will be maintained and
disclosed as set forth in section II.A. above.
III. Disclosure of Personally Identifiable Information from
a Student's Education Records
A. With certain exceptions, listed in III.C. below, 99.30
UNC-CH will not disclose personally identifiable[6] 99.3
information from a student's education records without
the student's prior written consent. To be effective
the written consent must be signed and dated by the
student and must include:
1. A specification of the records to be disclosed;
2. The purpose of the disclosure; and
3. The party or class of parties to whom the
disclosure may be made.
B. When personally identifiable information is disclosed
from a student's education records pursuant to his/her
written consent, the student may also, upon request,
obtain a copy of the information so disclosed.
C. UNC-CH may disclose personally identifiable 99.31
information from a student's education records without
his/her prior written consent in the following situations:
1. Disclosure to teachers, officials and employees 99.31(a)(1)
of UNC-CH, and the Office of General Administration
of The University of North Carolina who have a legitimate
educational interest in the information. Such officials
are deemed to have a "legitimate educational
interest" in the information if it is necessary or
desirable for them to obtain it in order to carry
out their official duties and/or to implement the
policies of The University of North Carolina,
or if it is in the educational interest of the student
in question for such officials to have the information;
2. Disclosure to officials of another school or 99.31(a)(2)
school system in which the student seeks or intends 99.34
to enroll and disclosure to officials of another
school or school system in which a currently
enrolled UNC-CH student is contemporaneously
enrolled.[7] Upon request the student will be
provided with a copy of the education records
so transferred, and may have a hearing as set
out in Section II above.
If the University takes disciplinary action against a
student for conduct that posed a significant risk to the
safety and well-being of that student, other students, or
other members of the University community, it may
disclose information about that disciplinary action to
teachers and school officials in other schools who have
legitimate educational interests in the student's behavior.[8]
3. Disclosure to authorized representatives of (a) the
Comptroller General of the United States, (b) the
Attorney General of the United States, (c) the U.S.
Secretary of Education, or (d) State and local educational
authorities in connection with the audit or 99.31(a)(3)
evaluation of Federal or State supported education
programs or for the enforcement of, or 99.35
compliance with, federal legal requirements relating
to such programs;[9]
4. Disclosure in connection with financial aid for
which a student has applied or which s/he has
received. Information may only be disclosed under this 99.31(a)(4)
section to determine a student's eligibility for financial
aid, to determine the amount of the aid, to determine
the conditions for the aid, or to enforce the terms and
conditions of the financial aid;
5. Disclosure to State and local officials to whom 99.31(a)(5)
information is specifically allowed to be disclosed
pursuant to State statute adopted
(a) before November 19, 1974, if the allowed
reporting or disclosure concerns the juvenile justice
system and that system's ability to serve effectively the
student whose records are released, or
(b) after November 19, 1974, if the allowed reporting
or disclosure concerns the juvenile justice system and
that system's ability to serve effectively, prior to
adjudication, the student whose records are released,
and if the officials to whom the information is disclosed
certify in writing to the University that the information
will not be disclosed to any other party without the
student's written consent, except as provided under State law;
6. Disclosure to organizations conducting studies 99.31(a)(6)
for, or on behalf of, educational agencies or
institutions to develop, validate, or administer predictive
tests; administer student aid programs; or improve
instruction;[10]
7. Disclosure to accrediting organizations in 99.31(a)(7)
order to carry out their accrediting functions;
8. Disclosure to a student's parents, if s/he is 99.31(a)(8)
their dependent for federal income tax purposes;
9. Disclosure pursuant to a judicial order or 99.31(a)(9)
lawfully issued subpoena. UNC-CH will make a
reasonable effort to notify the student of the
order or subpoena before complying therewith[11];
10. If the University initiates legal action against 99.31(a)(9)
a student or a student's parent, the University will
disclose to the court the student's relevant education records
in connection with the legal action without a court order
or subpoena. If the student or his/her parent initiates legal
action against the University, UNC-CH will disclose to the
court, without a court order or subpoena, relevant
education records in order to defend itself.
11. Disclosure to appropriate parties in a 99.31(a)(10)
health or safety emergency if the information is 99.36
necessary to protect the health or safety of the
student or others;
12. Disclosure to the student him/herself. 99.31(a)(12)
13. Disclosure of "directory information", which the University 99.31(a)(11)
defines as: the student's name; address (local and 99.3
grade/billing address); student e-mail address; telephone listing 99.6
(local and grade/billing telephone numbers); date and place
of birth; major field of study; class (freshman, senior, etc.);
enrollment status (full-time, half-time, part-time);
person ID number (PID); anticipated graduation date;
participation in officially recognized activities
and sports; weight and height of members of athletic teams;
dates of attendance, degrees and awards received; the
most recent previous educational agency or institution attended
by the student; and the county, state and/or U.S. territory from
which the student entered the University.
Students who do not wish to have some or all directory 99.37
information made public without their prior consent must
notify the Office of the Univesity Registrar (CB #2100,
105 Hanes Hall, The University of North Carolina at Chapel
Hill, Chapel Hill, N.C. 27599-2100) of this fact in a signed
and dated statement specifying items that are not to be
published. This notice must be received by the Office of
the University Registrar by the end of the registration
period for the semester or session of first enrollment or, after an
absence, or re-enrollment. The Office of the University Registrar
will honor such notices whenever it receives them, but if a student's
notice is not received by the deadline set forth above, it may be
impossible to prevent the student's being listed in the Campus
Directory. A student's request that any or all of his/her directory
information not be disclosed without his/her prior consent will be
honored until the student graduates, ceases to attend, or withdraws
from the University unless the student notifies the Office of the
University Registrar to the contrary in writing.
14. Disclosure, on request, of the final results[12] of a 99.31(a)(14)
disciplinary proceeding where a student has allegedly
perpetrated a crime of violence or non-forcible sex
offense[13] and, has been found, by that conduct, to
have violated University rules or policies. In such
a case, the following information will be disclosed:
the student's name; the rule or policy that was
violated; any essential findings supporting the
conclusion that the violation was committed; the
disciplinary sanction imposed; the date the sanction
was imposed; and the duration fo the [14]sanction. The
names of victims, witnesses, or other students will
not be disclosed without their prior written consent.
15. Disclosure, on request, to the victim of an alleged crime 99.31(a)(13)
of violence or non-forcible sex offense[13] of the final results[12]
of the campus disciplinary proceeding against the alleged
perpetrator, whether or not the alleged perpetrator
was found to have committed the violation charged.
The following information will be disclosed: the name
of the alleged perpetrator; the rule of policy violated, if
any; essential findings supporting the conclusion that
the violation was committed; the disciplinary sanction
imposed, if any; the date any sanction was imposed and
its duration.
16. When a student under age 21 is found to have 99.31(a)(15)
violated laws or University policies concerning use
or possession of alcohol or a controlled substance,
the University reserves the right to disclose this
information to the student's parent or guardian.[15]
D. When personally identifiable information from 99.33
education records is disclosed to another party, that
party may not further disclose the information without the
student's prior written consent, UNLESS
1. (a) The initial disclosure is made with the
understanding that the party receiving the
information may redisclose it to specified
individuals or organizations who meet the 99.31
requirements of III.C. above, and
(b) The record of disclosures (see III.E. below) 99.32
includes the names of the additional parties to
whom the information may be disclosed and the
legitimate interests that each additional party
has in obtaining the information.
When the University discloses information to
another party (except for disclosures under
III.C.8,9,10,12,13,14, and 16) it will inform that party
of the requirements set out in this section.
If the Department of Education determines that 99.33
a party to whom such information was released
permited access to the information in violation of this
section, that party may be denied access to information
from UNC-CH education records for five years.
E. Custodians of education records will maintain a
record of disclosures of personally identifiable
information from each education record. The record of 99.32
disclosures will be kept with the student's education
records and will include names of parties who have
requested or obtained personally identifiable
information therefrom and the legitimate interest
those parties had in obtaining the information.
The record of disclosures will not include:
(1) disclosures to the student, (2) disclosures to
school officials with legitimate educational interests,
(3)disclosures pursuant to the student's written consent,
(4) disclosures of "directory information" as defined in III.C.13
above or (5) disclosures pursuant to a Federal grand
jury's subpoena or other law enforcement subpoenas
where the court or other agency issuing the subpoena has
ordered the University not to disclose the existence or
contents of the subpoena or the information disclosed
in response to it.
The record of disclosures may be inspected only
by the student, the records custodian and his/her
assistants, and school or Federal officials
auditing the recordkeeping procedures of UNC-CH.
IV. Limit to FERPA Protection of Education Records
FERPA's protection of personally-identifiable
information in a student's education records ends at the
time of a student's death.[16] Unless it has information to
the contrary, 75 years after the date the records were
first created, the University will presume that the student
is deceased. Thereafter the student's education records
will be open.
V. Complaints to the U.S. Department of Education
Complaints alleging violations by UNC-CH of the 99.63
provisions of FERPA or the regulations promulgated
thereunder may be submitted in writing to Family Policy
Compliance Office, U.S. Department of Education,
400 Maryland Avenue SW, Washington, D.C. 20202-4605,
within 180 days of the date of the alleged violation 99.64
or the date the complainant knew or reasonably should
have known of the alleged violation. The Office may
extend the time period if the complainant has a good
reason for having missed the deadline.
For further information on FERPA and the regulations promulgated thereunder by the U.S. Department of Education, students may consult the Associate University Counsel, CB# 9150, 03 South Building, The University of North Carolina at Chapel Hill.
* FOOTNOTES * (As demarcated in the above text by [Number])
[1] Throughout this document the term "student" shall be understood to refer to both current and former students unless otherwise noted.
[2] While a student may not inspect his/her medical records, these records may be personally reviewed by a physician, or other appropriate professional, of the student's choice.
[3] If the student has waived his/her right to inspect, the University, on request, will give the student the names of individuals who provided the recommendations.
[4] If failure to provide a copy of the records discussed in this paragraph would effectively prevent the student from exercising his/her right to inspect and review his or her education records, an unofficial copy of these documents, conspicuously labeled as such, will be provided.
[5] No UNC-CH official who has a direct interest in the outcome of the hearing shall sit on a panel that hears the case.
[6] "Personally identifiable" means that the information includes the name of a student, his/her parent or a member of the student's family; the address of a student or his/her family; a personal identifier such as the student's social security number; a list of personal characteristics from which the student can be easily identified; or other information from which the student can be easily identified.
[7] Students are hereby notified that it is the policy of the University of North Carolina at Chapel Hill to forward education records upon request to officials of other schools or school systems in these situations without notifying the student of such transfer of records.
[8] Students are hereby notified that it is the policy of The University of North Carolina at Chapel Hill to make such disclosures of information without notifying the student that the information has been disclosed.
[9] Unless the collection of personally identifiable information is specifically authorized by Federal law, or the student has consented to it in writing, recipients of personally identifiable information under this section must protect it in such a way that students and their families cannot be identified, by anyone except the listed officials, and personally identifiable data must be destroyed when it is no longer needed.
[10] The recipients of personally identifiable information under this section must handle it in such a way that students and their parents cannot be identified therefrom by individuals outside the recipients' organizations, and personally identifiable data must be destroyed when it is no longer needed. If the recipients fail to comply with these requirements, the U.S. Department of Education will order the University to deny them access to information from UNC-CH education records for five years.
[11] In the case of a federal grand jury subpoena or any other subpoena issued for a law enforcement purpose, if the court or other issuing agency so orders, the University will not disclose to the student or anyone else the existence or contents of the subpoena or any information furnished in response to the subpoena.
[12] "Final results" is defined as the decision of the initial hearing official or body, regardless of whether the student has filed an appeal of that decision. This provision only applies to final results determined on or after October 7, 1998.
[13] "Crime of violence" is defined as:
Arson or attempted arson
Simple assault
Aggravated assault
Intimidation (placing another in reasonable fear of bodily harm through
the use of threatening words or other conduct without displaying a
weapon or cummitting a physical attach)
Burglary
Negligent manslaughter
Nonnegligent manslaughter
Murder
Destruction/damage/vandalism of property
Kidnapping/abduction
Robbery or attempted robbery
Forcible sex offense
"Non-forcible sex offense" is defined as incest or statutory
rape.
[14] Disclosures may only be made if the student is under 21 at the time of disclosure and if the finding of violation occurred on or after October 7, 1998.
[15] Disclosures may only be made if the student is under 21 at the time of disclosure and if the finding of violation occurred on or after October 7, 1998.
[16] As a courtesy to the families of recently-deceased students who were enrolled at the time of death, the University generally will not release information from their education records for one year without the consent of the deceased student's next-of-kin.
Last Modified: November 27, 2000