A. DEFINITIONS
For the purposes of this policy, Duquesne University
uses the following definitions of terms:
Student: any person who attends or
has attended Duquesne University.
Educational Records: any record (in
handwriting, print, tapes, film, computer, or
other medium) maintained by Duquesne University
or an agent of the University which is directly
related to a student, except:
-
A personal
record kept by a staff member if it is kept
in the sole possession of the maker of the
record and is not accessible or revealed to
any other person except a temporary substitute
for the maker of the record.
-
Records
created and maintained by the Duquesne University
Department of Public Safety for law enforcement
purposes.
-
An employment
record of an individual whose employment is
not contingent on the fact that he or she
is a student, provided the record is used
only in relation to the individual’s
employment.
-
Records
made or maintained by a physician, psychiatrist,
psychologist, or other recognized professional
or paraprofessional if the records are used
only for treatment of a student and made available
only to those persons providing the treatment.
-
Alumni records
which contain information about a student
after she or he is no longer in attendance
at the University and which do not relate
to the person as a student.
B. ANNUAL NOTIFICATION
In accordance with § 99.7 of the FERPA
regulations, the University is required to provide
students annual notification of their FERPA
rights. This is accomplished by publishing in
the Student Handbook distributed to each student
a notice to students of the policy concerning
their rights under FERPA. Further notice of
the FERPA rights are published semi-annually
in the Schedule of Classes Booklet, in the University’s
Catalog, as part of the freshmen orientation
package, and by way of both email and the University’s
Web site.
C. PROCEDURE TO INSPECT EDUCATIONAL
RECORDS
Students may inspect and review their educational
records upon request to the appropriate records
custodian.
Students should submit to the records custodian
or an appropriate University staff person a
written request which identifies as precisely
as possible the record or records he or she
wishes to inspect.
The records custodian or an appropriate University
staff person will make the needed arrangements
for access as promptly as possible and notify
the student of the time and place where the
records may be inspected. Access must be given
within 45 days or less from the date of receipt
of the request.
When a record contains information about more
than one student, the student may inspect and
review only the records which relate to him.
D. LIMITATION ON RIGHT OF ACCESS
Duquesne University reserves the right to refuse
to permit a student to inspect the following
records:
-
The financial
statement of the student’s parents.
-
Letters
and statements of recommendation for which
the student has waived his or her right of
access, or which were maintained before January
1, 1975.
-
Records
connected with an application to attend Duquesne
University or a component of Duquesne University
if that application was denied.
-
Those records
which are excluded from the FERPA definition
of education records.
E. REFUSAL TO PROVIDE COPIES
Duquesne University reserves the right to deny
copies of records, including official transcripts
which are not required to be made available
by FERPA, in any of the following situations:
-
The student
lives within commuting distance of the University.
-
The student
has an unpaid financial obligation to the
University.
-
There is
an unresolved disciplinary action against
the student.
-
The education
record requested is an exam or set of standardized
test questions. (An exam or standardized test
which is not directly related to a student
is not an education record subject to FEFPA’s
access provisions.)
-
There is
unresolved litigation between the student
and the University.
F. FEES FOR COPIES OF RECORDS
Duquesne University charges the following fees
for copies of education records:
-
Transcripts:
The University furnishes each student one
academic transcript. Additional transcripts
are forwarded, upon proper request, for a
fee. These fees are subject to change, and
the Office of the Registrar is responsible
for publishing any change in the transcript
fee.
-
Education
Records: Duquesne University provides copies
of education records to students when:
a. A failure to do so would
effectively deny the student the right to
inspect and review his/her record.
b. The University has disclosed
information from the student’s education
record under authority of the student’s
prior written consent, and the student requests
a copy of the information disclosed.
c. The student requests copies
of records the University has disclosed to
other schools where the student seeks or intends
to enroll.
The University
will waive or reduce the fees of FERPA required
copies of records if the fee effectively denies
the student access to his/her record. The fee
is for actual copying costs and should not include
the cost of search and retrieval. The cost normally
will be that charged for Xerox copies.
-
Copies (not
signed and certified) of education records
not covered by FERPA will be available to
students, even though the FERPA does not require
them, at a cost per page plus the actual cost
of search, retrieval, and mailing.
G. TYPES,
LOCATIONS, AND CUSTODIANS OF EDUCATIONAL RECORDS
The following is a list of the types, locations,
and custodians of records that the University
maintains.
| Types |
Location |
Custodian |
| Admissions Records |
Registrar’s Office
Administration Building |
Registrar |
| Cumulative Academic Records |
Same as above |
Registrar |
| (Current
students and five years after graduation
or withdrawal) |
| Cumulative Academic Records |
Same as above |
Registrar |
| (Former
students; over five years after graduation
or withdrawal) |
| Health Records |
Student Health Services
Duquesne University Towers |
Director, University
Health Services |
| Financial Records |
Controller’s Office
Administration Building |
Controller |
| Placement Records |
Career Services Center
Rockwell Hall |
Director, Career Services |
| Progress
Records |
Advisors’ Offices
at each College or School |
Dean |
| Faculty Office at each
College or School |
Instructor |
| Disciplinary Records |
Student Life Office Administration
Building |
Executive Vice President
for Student Life |
H. DISCLOSURE OF EDUCATION RECORDS
Duquesne University will disclose information
from a student’s education records only
with the written consent of the student, except
that records may be disclosed without consent
when the disclosure is:
-
To school
officials who have a legitimate educational
interest in the records. A school official
is:
a. A person employed by the
University in an administrative, supervisory,
academic or research, or support staff position,
including health or medical staff.
b. A person elected to the
University Board of Directors
c. A person employed by or
under contract to the University to perform
a special task, such as an attorney or auditor.
d. A student serving on an
official committee, such as a disciplinary
or grievance committee, or who is assisting
another school official in performing his
or her tasks.
A school official has a legitimate educational
interest if the official is:
-
Performing
a task that is specified in his or her position
description or contract agreement or other
official appointment.
-
Performing
a task related to a student’s education.
-
Performing
a task related to the discipline of a student.
-
Performing
a service or benefit to the student or student’s
family, such as health care, counseling, job
placement or financial aid.
-
Maintaining
the safety and security of the campus.
-
To officials
of another school, upon request, in which
the student seeks or intends to enroll.
-
To certain
officials of the U.S. Department of Education,
the Comptroller General, and State and local
educational authorities, in connection with
audit or evaluation of certain State or federally
supported education programs.
-
In connection
with a student’s request for or receipt
of financial aid to determine the eligibility,
amount, or conditions of the financial aid,
or to enforce the terms and conditions of
the aid.
-
If required
by a state law requiring disclosure that was
adopted before November 19, 1974.
-
To state
and local authorities to whom such information
is specifically allowed to be reported or
disclosed under state law in connection with
the juvenile justice system.
-
To organizations
conducting certain studies for educational
purposes for or on behalf of the University.
-
To accrediting
organizations, including individuals on visiting
committees, to carry out their functions.
-
To parents
who claim the student as a dependent for income
tax purposes. For example: copies of grade
reports can be made available to students
shortly after the close of each semester and,
if the student is an undergraduate, can be
mailed to parents (or the person to whom University
bills are sent). If the student is not dependent,
and such information is on record with the
University (preferably with the Office of
the Registrar), educational record information
will only be released to a third party with
the consent of the student.
-
To comply
with a judicial order or a lawfully issued
subpoena, provided the University makes a
reasonable attempt to notify the student in
advance of compliance (except in certain cases
involving grand jury subpoenas) or, when the
University is involved in a legal action with
a parent or student, where disclosure is to
the court, without a court order or subpoena,
and is relevant for the University to proceed
as plaintiff or to defend itself.
-
To appropriate
parties in a health or safety emergency.
-
To an alleged
victim of any crime of violence or non-forcible
sexual offense (as defined by FERPA regulations
at 34 CFR 99.39), the final results of any
University disciplinary proceeding with respect
to the crime or offense, regardless of whether
the University concluded a violation was committed.
-
In connection
with a disciplinary proceeding for a crime
of violence or non-forcible sexual offense
(as defined above), the University retains
the discretion to disclose the final results
of the disciplinary proceeding only if the
University determines that the alleged student
perpetrator has committed a violation of University
rules/policies with respect to the crime or
offense. The name of any other student, victim
or witness, may not be disclosed without that
other student’s consent. Disclosure
to any individual other than the alleged victim
applies only to disciplinary proceedings in
which the final results were reached on or
after October 7, 1998.
-
For purposes
of both 12 and 13 above, “final results”
must include only the name of the alleged
perpetrator student, the violation committed
(rules violated and essential supporting findings),
and the sanction imposed (disciplinary action
taken, date, and duration).
-
To comply
with a court order obtained under the USA
PATRIOT Act of 2001 for education records
considered relevant to a terrorism investigation
or prosecution, without advance notice to
the student.
-
The University
retains the right and discretion to disclose
to a student’s parents information regarding
student health and safety and any violation
of law or of University rule or policy as
to alcohol or controlled substances use or
possession, if the student is under age 21
at the time of the disclosure and the University
determines that such alcohol/drug use or possession
constitutes a disciplinary violation.
I. RECORD OF REQUESTS FOR DISCLOSURE
The University will maintain a record of all
requests for and/or disclosures of information
from a student’s education records. The
record will indicate the name of the party making
the request, any additional party to whom it
may be redisclosed, and the legitimate interest
the party had in requesting or obtaining the
information. The record may be reviewed by the
eligible student.
J. DIRECTORY INFORMATION
Duquesne University identifies personally identifiable
information contained in a student’s education
record as listed below as directory information.
The University, at its discretion, may disclose
such information without a student’s further
consent:
Directory information includes the following:
-
The student’s
name
-
The student’s
address and telephone number (local and home)
-
Age and
place of birth
-
The student’s
major field of study, dates of attendance,
and class level
-
Current
enrollment as full-time or part-time
-
Dates of
attendance
-
The student’s
participation in officially recognized organizations,
activities, and sports.
-
The student’s
achievement and academic awards, honors, and/or
degrees including dates
-
Previous
institution(s) attended
-
The weight
and height of members of athletic teams
-
The student’s
photograph
-
Email address
Examples of information which is NOT directory
information and which is thus not releasable
without advanced student permission include
race, religion, and parent names.
Students have the opportunity, as stated earlier,
to request that such information not be disclosed.
Forms for this purpose are available at the
Office of the Registrar. Such requests are to
be made no later than the end of the third week
of the opening of the Fall term. Once the Registrar
receives a student’s refusal to permit
the University to release such information,
the Registrar is to notify the Division of Student
Life, the Dean of the College or School in which
the student is enrolled, and the Academic Advisor.
Furthermore, the student’s electronic
record is to be modified to reflect the request.
The appropriate record custodians are to modify
any records they maintain to reflect the student’s
wishes.
Requests for non-disclosure are to be honored
for one year only. Therefore, requests to withhold
directory information are to be filed annually.
All records custodians are to follow a strict
policy that information contained in a student’s
education record is confidential and may not
be disclosed to third parties without the student’s
prior written consent except as otherwise provided.
Anytime there is the slightest doubt regarding
a request for the release of student information,
the request should be referred to University
Counsel for proper disposition.
K. EMERGENCY DISCLOSURE
The University further authorizes appropriate
officials to make needed disclosures from student
education records in a health or safety emergency
if the official deems:
-
The disclosure
to be warranted by the seriousness of the
threat to the health or safety of the student
or other persons.
-
The information
is necessary and needed to meet the emergency.
-
The persons
to whom the information is to be disclosed
to be qualified and in a position to deal
with the emergency.
-
Time to
be an important and limiting factor in dealing
with the emergency.
L. CONSENT TO DISCLOSURE
Officials of the University may not disclose
information contained in a student’s education
record, except directory information or under
the circumstances listed earlier, except with
the student’s prior written consent. The
written consent must include at least:
-
A specification
of the information the student consents to
be disclosed.
-
The purpose
for which the disclosure may be made.
-
The person
or organization or the class of persons or
organizations to whom the disclosure may be
made.
The date of
the consent and, if appropriate, a date when the
consent may be terminated.
The student may request a copy of any records
the University discloses by the student’s
prior consent.
The University will not release information contained
in students education records, except directory
information, to any third parties except its own
officials, unless those parties agree that they
will not redisclose the information without the
student’s prior written consent.
M. RECORDS OF REQUEST
In accordance with FERPA, all requests for disclosures
of information or for access to a student’s
records made by persons other than Duquesne
University personnel are to be made a part of
the student record. The record of requests for
information is to be available to the record
custodian(s), the student, State and Federal
or local officials for the purpose of auditing
or enforcing the conditions for federally supported
educational programs. The record will include
at least:
-
The name
of the person or agency making the request.
-
The interest
the person or agency had in the information.
-
The date
the person or agency made the request.
-
Whether
the request was granted and, if it was, the
date access was permitted or the disclosure
was made.
The University will maintain this record of
disclosures for as long as it maintains the
student’s educational record.
N. CORRECTION OF EDUCATIONAL RECORDS
Students have the right to ask to have records
corrected that they believe are inaccurate,
misleading, or in violation of their privacy
rights. Following are the procedures for the
correction of records:
-
A student
must ask the appropriate record custodian
of Duquesne University to amend a record.
In so doing, the student should identify the
part of the record to be amended and specify
why the student believes it is inaccurate,
misleading or in violation of his or her privacy
rights. This request is to be in written form
and must carry the student’s signature
and the date of the request.
-
Duquesne
University may comply with the request or
it may decide to not comply. If it decides
not to comply, Duquesne University will notify
the student of the decision and advise the
student of his or her right to a hearing to
challenge the information believed to be inaccurate,
misleading, or in violation of the student’s
privacy rights.
-
Upon request,
Duquesne University will arrange for a hearing,
and notify the student, reasonably in advance,
of the date, place, and time of the hearing.
-
The hearing
may be conducted by any school official who
does not have a direct interest in the outcome
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 be assisted by one
or more individuals, including an attorney.
-
Duquesne
University will prepare a written decision
based solely on the evidence presented at
the hearing. The decision will include a summary
of the evidence presented and the reasons
for the decision.
-
If Duquesne
University decided that the information 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 Duquesne
University decided that the challenged information
is not inaccurate, misleading or in violation
of the student’s right of privacy, it
will notify the student that he or she has
a right to place in the record a statement
commenting on the challenged information and/or
a statement setting forth the reasons for
disagreeing with the decision.
-
The statement
will be maintained apart of the student’s
education records as long as the contested
portion is maintained. If Duquesne University
discloses the contested portion of the record,
it must also disclose the statement.
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