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  3. Family Education Rights and Privacy Act (FERPA)

Family Education Rights and Privacy Act (FERPA)

Policy Author:
Student Affairs

Responsible Office/Department:
Student Affairs

Effective Date of Policy:
August 17, 2022

Policy Narrative

Daemen University complies with the Family Educational Rights and Privacy Act (FERPA). Pursuant to this law, the University shall maintain the confidentiality of student education records and shall not release them to any person or entity without the written consent of the student except as set forth below. Moreover, the University shall provide students access to their education records pursuant to the procedures outlined in this policy.

“Education records” are the records, files, documents, and other materials maintained by the University, which contain information directly related to a student except:

  1. Records of faculty and administration, which are in their sole possession and are not revealed to any persons other than a representative.
  2. Records of Campus Safety that were created for law enforcement purposes.
  3. Employment records maintained solely for such purpose.
  4. Medical records.

The University may include in a student’s education records disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student or other members of the University community. Nothing in this policy shall prevent the University from disclosing such information to teachers or other institutions who have a legitimate educational interest in the behavior of the student. Moreover, the University may disclose to an alleged victim of any crime of violence the results of a disciplinary proceeding conducted by the University against the alleged perpetrator of such crime. In compliance with federal and state law (Title IX, the Clery Act), and New York State Education Law 129-B, the University will disclose the outcome of an investigation of sexual violence to both the complainant and the respondent, including information about specific disciplinary sanctions when sanctions directly relate to a student who has been harassed. Additionally, the University reserves the right to notify the parents/family of a student determined to have violated the University’s policies and/or New York State laws regarding underage drinking or illegal use of drugs.

University policy is that no person shall have access to, nor will the institution disclose, any information from a student’s education records without the written consent of the student except (a) to the student; (b) to appropriate University officials who have legitimate educational interest; (c) to certain state and federal officials; to officials at other schools in which the student seeks to enroll; (d) to persons or organizations in connection with the student’s application for financial aid; (e) to organizations conducting studies for educational purposes, but only under conditions that protect confidentiality; (f) to accrediting agencies carrying out their accreditation function; (g) in compliance with a judicial order; (h) for reasons in an emergency in order to protect the health or safety of a student or other persons; and (i) to officials at another institution or partner provider when exchange of information is necessary in order to facilitate the investigation of a crime or other significant matter involving students at multiple institutions.

The Registrar will maintain, with the education records, a list of all persons and entities (other than University personnel with a legitimate educational interest) who have requested or obtained access to a student’s records. This list, which is available to the student about whom information has been requested, will show the interest of persons or entities.  Within the Daemen University community, only those officials with a legitimate educational interest are allowed access to student education records. Such persons include personnel in the Offices of the Executive Vice President for Academic Affairs and Provost, Associate Vice President for Academic Affairs, Senior Vice President for Strategic Initiatives , Assistant Vice President for Student Affairs & Dean of Students, Division Deans, Student Success Center, Information Technology, Higher Education Opportunity Program, Registrar, Comptroller, Financial Aid, Admissions, faculty members, and other University officials within the limitation of their need to know. University officials may include students who serve on official University committees or who are employed in University offices. Internship supervisors (e.g., supervising teachers, clinical preceptors), consultants, contractors (e.g., attorneys, auditors), volunteers, or other parties to whom the University has outsourced institutional services or functions may also be considered University officials within the limitation of their need to know.

At its discretion, the University may provide “directory information” to others and the University’s confidentiality policy shall not be applicable to such information. “Directory information” includes: student name, address, telephone number, email address, date and place of birth, major field of study, dates of attendance, enrollment status (includes advance registration data, anticipated graduation year, class status), resident status (commuter or resident), degrees and awards received, recent educational institution attended by student, participation in recognized activities and sports, and weight and height of members of athletic teams.

The University will withhold directory information if a student makes a written request to the Office of the Registrar. Student directory information may be included on the University’s website and may be contained in other University publications. Students wishing limited disclosure may submit a request in writing to the Office of the Registrar. A form is available on the Registrar’s website https://www.daemen.edu/academics/registrar/forms. Once a student has requested non-disclosure, their directory information will not be disclosed until the student provides written instruction to change this status.

Students have the right to inspect and review information contained in their educational 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 record if they feel the decision following the hearing is unacceptable.

The University Registrar has the responsibility to coordinate the inspection and review procedures for student education records. Students wishing to review their education records must make a written request to the Registrar listing the records or information of interest. The pertinent record or information will be made available within forty-five days of the request. At their expense, 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). The following documents and information will not be disclosed to students: financial information submitted by their parents; confidential letters and recommendations associated with admissions, employment, or job placement; references to which they have waived their rights of inspection and review, provided they are used solely for such purpose; education records containing information about more than one student, in which case the University will permit access only to that part of the record which pertains to the inquiring student.

A student who believes that their education records contain information that is inaccurate, misleading, or inappropriate should discuss the problem with the Registrar in an effort to resolve the matter informally. If not resolved, the student will be afforded a formal hearing pursuant to the Student Dispute Resolution Procedure contained in the Student Handbook. The request for a hearing must be made in writing to the Executive Vice President for Academic Affairs and Provost, who, within a reasonable period of time after receiving a request, will inform the student of the date, place, and time of the hearing. A student may present evidence relevant to the issues raised in accordance with the Student Dispute Resolution Procedure. The hearing will be conducted by the Vice President of Academic Affairs and/or any other individual so designated.

The decision of the hearing will be final and will consist of a written report summarizing the evidence and stating the reasons for the decision. If the decision is in favor of the student, the student’s record will be amended accordingly. If the student is not satisfied with the decision, the student may prepare a written statement explaining the disputed contents of the record. This statement will be maintained as part of the student’s education records and released whenever the pertinent record is disclosed. Inquiries regarding this policy should be directed to the Registrar.

In addition, students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the University 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, SW

Washington, D.C. 20202

Purpose for Policy

To educate the Daemen community on laws pertaining to the privacy and rights of students.

This policy’s virtual location ishttps://www.daemen.edu/student-life/student-affairs/student-handbook/section-5-general-university-policies

Updated on April 3, 2023

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