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Handling of Student Records
(Family and Education Privacy Act)
The
Family Educational Rights and Privacy Act of 1974 protects the privacy
of students. Under this Act, students have the right to inspect and
review their education records and have the right to challenge records
when they are inaccurate, misleading, or otherwise in violation of the
student’s privacy rights.
APPLICATION OF THE ACT
This Act applies to students presently enrolled at UMaine, former
students, and alumni, but not to applicants seeking admission to the
institution.
EDUCATIONAL RECORDS AND INFORMATION MAINTAINED AT UMAINE
The University does not maintain a single record or file consisting of
all materials and information pertaining to students in any one
location. Instead, various segments of the record are kept in a
variety of offices. The types of records and the custodian of each
record is outlined below:
The term “educational records” does not include:
I) Records of faculty and administration that are in the sole
possession of the maker and are not accessible or revealed to any
other individual except a temporary substitute.
2) Law enforcement records maintained by the campus Department of
Public Safety which are kept separate from educational records and
which are created by a law enforcement unit for a law enforcement
purpose;
3) Medical, psychiatric, or psychological records created and used
only for the care or treatment of a student. These records may be made
available to other appropriate professionals at the written request of
the student.
4) Employment records, except for records of students employed because
of their status as students.
5) Records that contain information about a student which is obtained
after she/he is not longer a student.
| TYPE OF RECORD |
OFFICE ADDRESS |
NAME OF OFFICIAL |
|
Academic Student Records |
Wingate Hall |
Tammy Light |
|
Undergraduate Admissions |
Chadbourne Hall |
Sharon Oliver |
|
Graduate Graduate School |
2
Winslow Hall |
Scott G. Delcourt |
|
International Programs (undergrad) |
International Programs, 100 Winslow Hall |
Karen R. Boucias
|
|
Counseling/Mental Health |
Counseling Center, Cutler Health Center |
Douglas P. Johnson |
|
Disciplinary |
Community Standards, 315 Memorial Union |
David J. Fiacco |
|
Medical and Health Student |
Student Health Services, Cutler Health Center |
Richard Young
|
|
Placement |
Career Center, Memorial Union |
Patricia B. Counihan |
|
Public Relations |
Public Affairs Building |
Joe Carr |
|
Student Financial Aid |
Student Financial Aid, Wingate Hall |
Peggy L. Crawford |
|
Substance Abuse Services |
Alcohol and Drug Education |
Lauri Sidelko |
|
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|
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DIRECTORY INFORMATION
The University of Maine has designated certain information contained
in the education records of its students as directory information for
purposes of FERPA. Such directory information may be publicly shared
by the University unless the student has taken formal action to
restrict its release. Directory information includes; name, address,
phone number, major and degree, participation in officially recognized
activities and sports, weight and height of student athletes, most
recent previous college or university attended, dates of attendance,
degrees and awards received, photographs, and enrollment status
(full-time or part-time). Students can make a request that their
directory information not be released at any time while they are an
enrolled student at the University. The Office of Student Records has
a form to fill out for this request. The request will be honored until
such time as the student requests otherwise in writing. In the event
that such written notification is not filed, the University assumes
that the student does not object to the release of the directory
information. Once a student is no longer enrolled at the University.
s/he can no longer request that their directory information not be
released.
STUDENT RIGHTS
The Family Educational Rights and Privacy Act (FERPA) gives students
certain rights with respect to their education records. They are:
I. The Right to inspect and review the student’s education records.
(1) A request by a student or agency to inspect a record shall be made
in writing to the office which maintains the record. If the records
are not maintained by the University official to whom the request was
submitted, that official shall advise the student or agency of the
correct official to whom the request should be addressed.
(2) Every office is obligated to inform the student when the requested
record will be made available. The office has up to 45 days to
respond. In most instances, the response will be made promptly.
(3) Students are obligated to properly identify themselves (Student
I.D.) before being shown their record.
(4) Students are obligated not to interfere with the normal operation
of the office in which the record is being maintained.
(5) Students are obligated to examine the record during regular hours
maintained by the particular office.
(6) Prior to giving a student his or her record for examination, all
confidential data received prior to January 1, 1975, any information
waived by the student, any information pertaining to other students
and any financial records of parents will be removed.
(7) The examination of the record shall be supervised.
(8) Copies of records shall, upon request, be transmitted to the
student after payment of established fees for such copies, unless
payment of the fee prevents access.
II. The right to request the amendment of the student’s education
records that the student believes are inaccurate, misleading or in
violation of the student’s rights of privacy.
After reviewing a record, a student has the right to challenge the
content of the record as being inaccurate, misleading, or in violation
of the student’s rights of privacy. For purposes of this policy, a
student may not challenge the judgment of a grade which has been
assigned to his or her performance in a course but may challenge the
accuracy of the recording of a grade.
(1) The student should discuss his or her objection (submitted in
writing) with the designated person in the office where his or her
records are maintained and try to resolve the problem through informal
discussion.
(2) If no agreement is reached through informal discussion the student
should submit his or her objection in writing to the official to whom
that person reports to be followed by further discussion.
(3) If the student is still not satisfied, he or she should submit his
or her objection in writing to the appropriate vice president or his
or her designee.
(4) If no satisfactory solution is forthcoming, the student should
file a written request for a formal hearing with the Executive Vice
President and Provost.
(5) Upon receipt of a written request for a formal hearing, the
Executive Vice President and Provost shall appoint a panel of three
members to hear the objection and advise him/her. The Executive Vice
President and Provost will appoint one of the panelists to serve as
chairperson. Once appointed, the panel will hold a hearing within two
calendar weeks. The panel must provide an opportunity for a
presentation of evidence relative to the objection stated and must
render a decision in writing to the Executive Vice President and
Provost within one week following the conclusion of the hearing. The
Executive Vice President and Provost will inform the student in
writing within ten working days of any amendment made, or of the
decision not to amend the record. If the decision is not to amend, the
student has the right to place a statement in the record commenting on
the contested information.
III. The right to consent to disclosures of personally identifiable
information contained in the student’s education records, except to
the extent that FERPA authorizes disclosure without consent. The
University of Maine will disclose information from a student’s
education records only with the written consent of the student, except
for disclosures to the following:
(1) To school officials with legitimate educational interests. A
school official is a person employed by the University in an
administrative, supervisory, academic, research, support staff
(including Public Safety, Career Center and Student Health Services
staff), or coaching position; a person or company with whom the
University has contracted (such as an attorney, auditor, National
Student Loan Clearinghouse or collection agent); a person serving on
the Board of Trustees; a University volunteer working under the
supervision of another school official; or a student serving on an
official committee, such as a disciplinary or grievance committee, or
assisting another school official in performing his or her tasks. A
school official has a legitimate educational interest if the official
needs to review an education record in order to fulfill his or her
professional responsibility.
(2) To authorized federal or state officials in connection with an
audit or evaluation of federal or state supported educational
programs.
(3) To state or local officials pursuant to state statute concerning
the juvenile justice system.
(4) Records released in connection with the student’s application for,
or receipt of, financial aid.
(5) Organizations conducting studies on behalf of educational agencies
in connection with predictive tests, student financial aid programs,
and the improvement of instruction provided that the identity of
students is not revealed to other than representatives of such
organizations. Such information will be destroyed when no longer
needed for the purpose of which it is conducted.
(6) Recognized accrediting organizations in order to carry out their
accrediting functions.
(7) Parents of a student who is dependent upon such parents for
federal income tax purposes.
(8) Records released on the basis of judicial order or lawfully issued
subpoena and on condition that every effort is made to notify the
student of the subpoena or order, except where a court or other
issuing agency has ordered that there be no notification.
(9) In an emergency, appropriate persons as determined by the
custodian of the records, if the knowledge of information from the
particular record is necessary to protect the health or safety of the
student or other persons.
(10) Disclosure to another educational institution where the student
seeks or intends to enroll.
(11) Disclosure of directory information.
(12) Disclosure to the student.
(13) Disclosure of the final results of a disciplinary hearing to a
victim of an alleged crime of violence or non-forcible sex offense.
(14) Disclosure of the final results of a disciplinary hearing
involving an alleged crime of violence or non-forcible sex offense
where a violation was committed.
(15) Disclosure in a legal action between the institution and the
student.
Records released to any individual or group shall be transmitted on
condition that the individual or group is informed that they may not
permit any other party to have access to such information without the
written consent of the student. The recipient shall also be notified
in writing that if compliance with this requirement is not acceptable,
all records shall be returned, unused, to the institution. The
prohibition on the re-release of records does not apply in the case of
disclosures of directory information; disclosures pursuant to a
subpoena, court order or litigation; disclosure to
the parents of a dependent student; disclosures to the student; or
disclosures of the final results of a disciplinary hearing involving
an alleged crime of violence or non-forcible sex offense where a
violation was committed.
Each office that maintains educational records shall maintain a record
for each student with that student’s education record. The record
shall list all individuals (except institution officials and court or
law enforcement officials described above), agencies or organizations
which have requested or obtained access to and each disclosure of the
student’s education record.
IV. The right to file a complaint with the U.S. Department of
Education concerning alleged failures by The University of Maine to
comply with the requirements of FERPA. The name and address of the
Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC, 20202-4605
EXPUNGING RECORDS
The official academic record of a student is maintained in perpetuity
by the institution. The Student Records Office is the custodian of
this record. No other record is officially designated as a permanent
record. Other records can be expunged at the discretion of specific
department heads wherein a record resides. For example, the
undergraduate Admissions Office expunges records of applicants who do
not enroll after two years, while records of applicants who do enroll
are maintained in perpetuity. The Office of Student Financial Aid
expunges records five years after the student’s last academic year of
attendance. It should be noted that access rights shall be honored
prior to the destruction of records where the student has requested
such access.
Departments and offices which maintain educational records may have
specific policies regarding access to and retention of such records
which are consistent with this Policy and FERPA. Students seeking
information about those specific policies should contact the
particular department or office which is the custodian of the record.
Last Revised/Approved: April 2002
Information Contact: Office of the Associate Vice President for
Academic Affairs
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