POLICY STATEMENT #69
STUDENT RECORDS

UNC Charlotte adheres to a policy of compliance with the Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment or FERPA, a federal law that affords students the following rights with respect to their education records:

1. to inspect and review the student's education records;

2. to consent to disclosure of the student's education records to third parties, except to the extent that FERPA authorizes disclosure without consent;

3. to request amendment of the student's education records to ensure that they are not inaccurate or misleading;

4. to be notified of the student's privacy rights under FERPA;

5. 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 University has designated the University Registrar to coordinate the inspection and review procedures for student education records.

I. Definitions

"Student" means an individual who is or who has been in attendance at UNC Charlotte. It does not include persons who have been admitted but did not attend at the University. For the purposes of this policy "attendance" includes attendance in person or by correspondence (including electronic correspondence) and the period during which a person is working under a UNC Charlotte work-study program.

"Education Records" include records directly related to a student that are maintained by UNC Charlotte. Education records do not include:

1. Records of instructional, administrative, and educational personnel that are in the sole possession of the maker (i.e. file notes of conversations), are used only as a personal memory aid, and are not accessible or revealed to any individual except a temporary substitute;

2. Records of the UNC Charlotte campus police;

3. Student medical and counseling records created, maintained, and used only in connection with provision of medical treatment or counseling to the student, that are not disclosed to anyone other than the individuals providing the treatment. (While a student may not inspect his or her medical records, these records may be reviewed by a physician of the student's choice);

4. Employment records unrelated to the student's status as a student; or

5. Alumni records.

"Directory Information" means information in a student's education record that would not generally be considered harmful or an invasion of privacy if disclosed. At UNC Charlotte, directory information consists of the student's name, local and permanent address, email address, telephone number, date and place of birth, class, major field of study, dates of attendance, enrollment status, degrees and awards (including scholarships) received, participation in officially recognized activities and sports, weight and height of members of athletic teams, and the most recent previous educational agency or institution attended.

II. Disclosure of Education Records

A. Disclosure to the Student

The student has the right, on request to the appropriate University official, to review all materials that are in the student's education records, except:

1. Financial information submitted by the student's parents;

2. Confidential letters and recommendations associated with admissions, employment or job placement, or honors, to which the student has waived rights of inspection and review (the University is not required to permit students to inspect and review confidential letters and recommendations placed in their files prior to January l, 1975, provided those letters were collected under established policies of confidentiality and were used only for the purposes for which they were collected);

3. Education records containing information about more than one student, in which case the University will permit access only to that part of the record that pertains to the inquiring student.

B. Disclosure without Prior Consent of the Student

The University will not disclose any information from a student's education records without prior written consent of the student, except as follows:

1. Directory Information. Directory information (as defined in Section I above) may appear in public documents and may otherwise be disclosed without student consent unless a student submits a written request to the Registrar to withhold such information from disclosure. A request for non-disclosure will be honored by the University indefinitely, unless the student submits to the Registrar a written revocation of such request for non-disclosure.

2. University Officials. University officials with legitimate educational interests in the student's education records are allowed access to student education records. A "legitimate educational interest" is defined as an interest that is essential to the general process of higher education, including teaching, research, public service, academic advising, general counseling, discipline, job placement, financial assistance, medical services, and academic assistance activities. University officials who may have access to education records for legitimate educational interests include personnel in the following offices:

3. Parents of Dependents. Parents of a student who is a dependent for federal tax purposes, as defined by Section 152 of the Internal Revenue Code of 1954, may have access to that student's education records without prior consent of the student. Parents may demonstrate the tax dependency of a student only by submitting to the University a copy of their most recently filed federal income tax return. Alternatively, a student may demonstrate tax dependency, and thus allow parental access to the student's records without prior consent of the student, by submitting to the University a signed statement of his or her tax dependency. If a dependent student's parents are divorced, both parents may have access to the student's records, so long as at least one parent claims the student as a dependent.

4. Other Institutions. The University may release a student's education records to officials of other educational institutions in which that student seeks or intends to enroll or is enrolled.

5. Financial Aid. The University may release a student's education records to persons or organizations in connection with that student's application for, or receipt of, financial aid, but only to the extent necessary for such purposes as determining eligibility, amount, conditions, and enforcement of terms or conditions of such financial aid.

6. Accreditation Agencies. The University may release students' education records to accreditation organizations or agencies for purposes necessary to carry out their accreditation functions.

7. Judicial Orders. Information concerning a student shall be released in response to a judicial order or lawfully issued subpoena. The University will make reasonable efforts to notify the student of a subpoena before complying with it, except that the University shall not notify a student of a subpoena if it is from a federal grand jury or is for law enforcement purposes, and it provides that the University shall not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena.

8. Litigation. If the University initiates legal action against a parent or student, or if a parent or student initiates legal action against the University, the University may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the University to proceed with the legal action as plaintiff or to defend itself in such legal action.

9. Health and Safety. The University may disclose student information to persons in an emergency in order to protect the health and safety of the student or others in the University community.

10. Student Conduct Hearing Results.

Disclosure to Victims: The University may disclose to an alleged victim of any crime of violence (as that term is defined in Chapter 1, Section 16 of Title 18, United States Code), or a non-forcible sex offense, the final results of any student conduct proceeding conducted by the University against the alleged perpetrator of such crime or offense with respect to such crime or offense, regardless of whether the alleged perpetrator was found responsible for violating the University’s rules or policies with respect to such crime or offense.

Disclosure to Third Parties: The University may disclose the final results of any student conduct proceeding against a student who is an alleged perpetrator of any crime of violence or non-forcible sex offense (as those terms are defined in 34 C.F.R. 99.39), if the student is found responsible on or after October 7, 1998, for violating the University's rules or policies with respect to such crime or offense. Such disclosure shall include only the name of the student, the violation committed, and any sanction imposed by the University on that student. Such disclosure may include the name of any other student, such as a victim or witness, only with the written consent of that other student.

11. Alcohol and Drug Violations. The University may disclose to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the University, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student's education records, if the student is under the age of 21 at the time of disclosure to the parent, and the University determines that the student is responsible for a student conduct violation with respect to such use or possession.

12. Federal, State, and Local Officials and Educational Authorities. Subject to the requirements of 34 CFR § 99.35 of the FERPA regulations, the University may disclose education records to authorized representatives of (i) The Comptroller General of the United States; (ii) The Attorney General of the United States; (iii) The Secretary; or (iv) State and local educational authorities.

13. Institutional Studies. The University may disclose education records, but only under the conditions set forth in 34 CFR § 99.31(a)(6), to organizations conducting studies for, or on behalf of, educational agencies or institutions to (A) Develop, validate, or administer predictive tests; (B) Administer student aid programs; or (C) Improve instruction.

C. Disclosure with Prior Consent of the Student

In all other cases, the University will not release personally identifiable student information in education records or allow access to those records without prior consent of the student. Such consent must be written, signed and dated, and must specify the records to be disclosed, the party to whom the records are to be disclosed, and the purpose of the disclosure.

D. Records of Disclosures

The University will maintain a record of each request for access to and each disclosure of education records of each student and will maintain such records with the education records of the student as long as the records are maintained. For each such request or disclosure the record must include: (1) The parties who have requested or received personally identifiable information from the education records; and (2) the legitimate interests the parties had in requesting or obtaining the information.

The University will maintain with the student's education records a record for each disclosure request and each disclosure, except disclosures:

III. Types and Locations of Education Records

Student education records are maintained at several locations on campus. Principal locations are shown in Attachment A, together with the title of the official to be contacted for access to the records. A written request may be required. Students wishing to review their education records must make written requests to the appropriate administrator shown in Attachment A. If the student is uncertain as to the location of a particular record, a written request should be addressed to the University Registrar, listing the item or items of interest. Only those records covered by FERPA will be made available, within forty-five days of the request. Students may make copies of their records unless a financial, academic, or conduct "hold" has been placed on the record by an appropriate University official. Such copies will be made at the student's expense at the rates shown in Attachment B to this policy. A student may review his or her student conduct records, and may take notes on their contents, but may not make copies of such records if they contain the name of another student.

IV. Requests to Amend Records

A student who believes that his or her education records are inaccurate or misleading, or that the records violate his or her privacy rights, may seek amendment of the records in accordance with Attachment C. [Note: The substantive judgment of a faculty member about a student's work, expressed in grades and/or evaluations, is not within the purview of this right to seek amendment of education records.]

If the outcome of a request for amendment is unsatisfactory, a student has the right to have a hearing, as set forth in Attachment C. The decision of the hearing panel will be final, will be based solely on the evidence presented at the hearing, and will consist of a written statement summarizing the evidence and stating the reasons for the decision, and will be delivered to all parties concerned. If the decision is in favor of the student, the education records will be corrected or amended in accordance with the decision of the hearing panel. If the decision is unsatisfactory to the student, the student may place with the education records a statement commenting on the information in the records or a statement setting forth any reasons for disagreeing with the decisions of the hearing panel. The statement will be placed in the education records, maintained as part of the student's records, and released whenever the records in question are disclosed.

V. Complaints

A student who believes that the outcome of a hearing to amend his or her education records was unfair or not in keeping with the provisions of FERPA may file a complaint with The Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-5920, concerning alleged failures of The University of North Carolina at Charlotte to comply with FERPA. A student may request, in writing, assistance from the Chancellor in filing such a complaint.

VI. Notice

The University provides official notice to students of their rights under FERPA by publishing such notice in the UNC Charlotte Catalog and posting it at the Office of the Registrar.

Policy Statement #69 - Student Records

Attachment A

Location of Student Education Records

A. Academic Records

University Registrar, King Building

Offices of each academic department, Department Chair

Offices of each college, Deans

Graduate School, Cato Hall

Director of Continuing Education, Ben Craig Center

Director of the University Center for Academic Excellence, Fretwell Building

B. Student Conduct Records

Office of the Dean of Students, King Building

C. Student Employment Records

Director of Human Resources, Reese Building

D. Financial Aid Records

Director of Student Financial Aid, Reese Building

E. Career Center Records

Director of University Career Center, Atkins Building

F. Records Relating to International Students

Director of International Student/Scholar Office, College of Health and Human Services Building

G. Records Relating to Student Athletes

Director of Athletics, Student Activities Center

H. Records Relating to Students in the ROTC Program

Air Force ROTC Office, Colvard Building;

Army ROTC Office, Colvard Building

I. Admissions Records

Director of Admissions, Reese Building (Undergraduate Programs)

Dean of Graduate School, Cato Hall (Graduate Programs)

Director of International Admissions, Cato Hall

J. Student Accounts Records

Student Accounts Office, Reese Building

K. Residence Hall Records

Director of Residence Life, Scott Hall

L. Disability Services Records

Director of Disability Services, Fretwell Building

M. University Identification Card Pictures

49er Card Office, Auxiliary Services Building

Policy Statement #69 - Student Records

Attachment B

Copying Fees

l. Official Copy of Transcript: $5.00
(First copy free, all additional copies - Fee Required)

2. Copies of Other Information in Student Academic Folder (Registrar's Office): $l.00
(After ten pages, ten cents for each additional page)

Policy Statement #69 - Student Records

Attachment C

Student Right to Challenge the Content of His/Her Education Record

A. If a student believes that the information contained in his/her education records is inaccurate or misleading, or that it violates his/her privacy rights, the student may request that the University amend the record. Such request shall be in writing addressed to the University Registrar, and shall specify the amendment sought.

B. The Registrar or a designee shall, within 30 days after receiving the student's request, and after consulting with appropriate University officials, decide whether the record will be amended in accordance with the request, and inform the student. If the decision is to refuse to amend the record in accordance with the request, the Registrar shall simultaneously advise the student that he or she may request a hearing to challenge the content of the education record to ensure that the information thereon is not inaccurate, misleading or in violation of the privacy rights of the student.

C. If the Registrar receives a request for a hearing, he/she shall direct the request to the Chancellor. If, after reviewing the request, the Chancellor determines that the request is to amend an education record because information in it is inaccurate or misleading, or it violates his/her privacy rights, the Chancellor shall appoint a panel of three University faculty or staff members to conduct a hearing. The Chancellor shall appoint only persons who have no direct interest in the outcome of the hearing. The Chancellor shall designate the chair of the panel and shall provide the panel such assistance as he or she deems appropriate.

D. The chair of the hearing panel established as in Paragraph C above shall notify the student and the Registrar of the date, time and place of the hearing at least five days before the hearing.

E. The student shall be afforded a full and fair opportunity to present evidence relevant to the issue whether the information in the student's education record is inaccurate, misleading, or in violation of the student's privacy rights. The student may be assisted by individuals of his/her choice at the student's own expense, including an attorney.

F. The Registrar or persons appearing in his/her behalf shall be afforded a like opportunity.

G. The panel shall make its decision solely on the basis of the evidence presented at the hearing. The decision of the panel shall be in writing and shall include a summary of the evidence and the reasons for the decision.

H. If the decision of the panel is that the information in the student's record is inaccurate, misleading or in violation of the privacy rights of students, the Registrar shall amend the record accordingly and so inform the student in writing.

I. If the panel decides that the information is not inaccurate, misleading, or in violation of the privacy rights of the student, it shall inform the student of the right to place in the education record a statement commenting on the records and setting forth the reasons for disagreeing with the agency or institution. Such statement shall thereafter be maintained as part of the education record and thereafter disclosed to any party to whom the contested record is disclosed.

J. The decision of the hearing panel is final.

K. A student who believes that the outcome of a hearing to amend his or her education records was unfair or not in keeping with the provisions of FERPA may file a complaint with The Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-4605, concerning alleged failures of The University of North Carolina at Charlotte to comply with FERPA. A student may request, in writing, assistance from the Chancellor in filing such a complaint.