Family Educational Rights and Privacy Policy (FERPA)
University of Holy Cross (UHC)
Notification of Student Rights under FERPA
The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution at any age.) These rights include:
1. The right to inspect and review the student's education records within 45 days after the day UHC receives a request for access. A student should submit to the registrar a written request (Registrar@uhcno.edu) that identifies the record(s) the student wishes to inspect. The Registrar will create a plan for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the university official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. A student who wishes to ask UHC to amend a record should write to the Registrar and clearly identify the part of the record the student wants changed and specify why it should be changed.
If UHC decides not to amend the record as requested, UHC will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
3. The right to provide written consent before UHC discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
UHC discloses education records without a student’s prior written consent under the FERPA exception for disclosure to university officials with legitimate educational interests. A university official typically includes a person employed by UHC in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. An authorized official also may include a volunteer or contractor outside of UHC who performs an institutional service of function for which UHC would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. An authorized official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for UHC.
Upon request, UHC also discloses education records without consent to officials of another educational institution in which a student seeks or intends to enroll.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by UHC to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, § 99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. UHC may disclose PII from the education records without obtaining prior written consent of the student —
• To other university officials, including instructors, within UHC whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))
• To officials of another educational institution where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34. (§ 99.31(a)(2))
• To authorized representatives of the U. S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State- supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§ 99.31(a)(3) and 99.35)
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§ 99.31(a)(4))
• To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§ 99.31(a)(6))
• To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))
• To parents of an eligible student if the student is a dependent for IRS tax purposes. (§ 99.31(a)(8))
• To comply with a judicial order or lawfully issued subpoena. (§ 99.31(a)(9))
• To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10))
• Information the school has designated as “directory information” under § 99.37.(§ 99.31(a)(11))
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§ 99.31(a)(13))
• To the general public, the final results of a disciplinary proceeding, subject to the requirements of § 99.39, if UHC determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§ 99.31(a)(14))
• To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of UHC, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))
Students may contact the Registrar’s Office with questions:
Office of the Registrar
University of Holy Cross
4123 Woodland Drive
New Orleans, LA 70131
Phone: (504) 398-2235
FAX: (504) 392-9460
Email: registrar@uhcno.edu
What is FERPA?
The Family Educational Rights and Privacy Act of 1974, as amended (also known as the Buckley Amendment), affords students certain rights with respect to their educational records. Specifically, if affords students the right to:
1. Inspect and review their academic records;
2. Request the amendment of inaccurate or misleading records;
3. Consent to disclose of personally identifiable information contained in their education record; and
4. File a complaint with the U.S. Department of Education concerning alleged failures of the institution to comply with this law.
FERPA authorizes the release of “Directory Information” without the student’s prior written consent under certain conditions set forth in the Act.
What is Directory Information?
Directory Information is information contained in an academic record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. Directory Information may only be released to third parties if such action is clearly identified as within an employee’s official duties. Any other release of use of directory information is a violation and is not permissible. Following guidelines provided by the FERPA Compliance Office, UHC defines the following as Directory Information:
• Name of student
• Local address and zip code
• Local telephone number
• E-mail address
• Major field of study
• Educational level (i.e. freshman, sophomore, etc.)
• Dates of attendance
• Enrollment status (full-time or part-time)
• Degrees and awards received
• Most recent educational institution attended
• Participation is officially recognized activities and sports
• Weight and height of members of athletic teams
To whom can Directory Information be released without student consent?
• School employees who have a legitimate educational interest
• Other schools, upon request, in which a student is seeking or intending to enroll
• Accrediting organizations
• Organizations doing certain studies for or on behalf of the College
• Appropriate parties in connection with financial aid to a student to determine eligibility, amount or conditions of financial aid, or to enforce the terms and conditions of aid
• Parents, when a student over 18 is still a dependent (see additional information under parental rights)
• Certain government officials of the U.S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with an audit, authorized representatives of the U.S. Attorney General for law enforcement purposes or state or federally supported education programs
• Individuals who have obtained a judicial order to subpoena
• School officials who have a need to know concerning disciplinary action taken against a student
• Appropriate parties who need to know if cases of health and safety emergencies, when necessary, to protect the health and safety of the students and/or others
• State or local authorities, within the juvenile justice system, pursuant to specific state law
• Alleged victim of a crime of violence, the results of a disciplinary proceeding with respect to that crime
• Parent of legal guardian of a student under the age of 21, information regarding any violation of university policy of state, federal or local law, governing the use or possession of alcohol or a controlled substance
• Those requesting Directory Information on a student, provided the student has not requested his or her information be withheld.