I. Introduction.
Student records maintained by the University
fall into two general categories--directory information and
educational records. As custodian of student records in
compliance with the Family Educational Rights and Privacy Act of
1974, the University assumes the trust and obligation to ensure
the full protection of student records which includes
maintaining the confidentiality of educational records. The
administrative procedures outlined in this section are to be
complied with by University personnel who have or accumulate
educational records that are in a personally identifiable form.
The term "student" in this Section means an eligible student
under FERPA (a student enrolled or previously enrolled at MSUM).
Students may review a copy of FERPA and the regulations at the
following offices: Records, Vice President of Academic Affairs
and Vice President for Student Affairs.
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II. DIRECTORY INFORMATION
A. Directory information is information concerning a student
which may be released publicly. It includes the following
categories: (I) the student's name, local and permanent
(hometown) address, e-mail address, telephone number; (II) major
and minor fields of study, class level, dates of enrollment,
full time/part time status, awards, honors (including Dean's
list), degree(s) conferred (including dates), previous
educational institution(s) and dates attended, date and place of
birth (for military recruiting purposes only, place and date of
birth are considered public information per <32 CFR; Sec.
216.3(a), Sec. 216.4(b)4>), past and present participation in
officially recognized activities and sports, height and weight
of athletes.
B. A student may request that
category I, II or both categories of their directory information
not be made public by completing a form in the Records Office.
The written refusal to permit the disclosure of directory
information must be made within 45 days of the date a student
begins taking classes at MSUM. For enrolled students this
request will remain in effect for one academic year unless a
written request for change is submitted. If a student has
requested nondisclosure of directory information in his/her last
semester of attendance, that request must be honored until that
student requests its removal. The specified directory
information will then be treated the same as educational records
information. In these cases, the University, in response to
public inquiries, will verify only whether or not an individual
is currently enrolled at the University.
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III. EDUCATIONAL RECORDS
A. Educational records are those records, files, documents,
and other materials which contain information directly related
to a student's academic progress, financial status, medical
condition (see Section IV A and B), etc., and are maintained by
Minnesota State University Moorhead or a party acting on behalf
of the University. Educational records include more than
academic records. Educational records, with the exception of
those designated as directory information (see Section II), may
not be released without the written consent of the student to
any individual, agency, or organization other than the following
authorized personnel:
1. University personnel who have
legitimate educational interests, which means the
demonstrated need to know by officials of MSUM who act in
the student's educational interest, including faculty,
administration, clerical and professional employees, and
other persons who manage student record information
(including law enforcement unit personnel and health staff),
and a person or company with whom the University has
contracted (such as an attorney, auditor, or collection
agent). Nothing in FERPA allows an institution to discuss a
student's education records publicly--even if the
information is a matter of public record. A school official
who wishes to respond to the media should ask the student
for a properly executed release form. Exceptions to this
would include disclosure in response to an emergency or in
response to a lawfully issued court order or subpoena. Any
disclosure of educational records by officials without the
student's consent must be recorded and maintained with the
records of the student as long as the records are maintained
by the institution;
2. Upon request, the University
discloses education records without consent to officials of
another school in which a student is enrolled or seeks or
intends to enroll;
3. Parents or legal guardians
who have claimed a student as a dependent for the tax year
that ends prior to the start of the academic year (section
152 of the Internal Revenue Code of 1954) upon providing a
copy of the tax return and the Parental Access Form
(available in the Records Office) with a notarized
signature;
4. Authorized representatives of
the Comptroller General, the Secretary of Education, The
Minnesota Attorney General, representatives of the Minnesota
State Colleges and Universities ("MnSCU") and the Board of
Trustees, Chancellor and its staff, 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);
5. Officials responsible for
acting in conjunction with the student's application for, or
receipt of, financial aid;
6. Authorized individuals or
organizations conducting studies for, or on behalf of, the
University for the purpose of developing, validating, or
administering predictive tests; for administering student
aid programs; and for improving instruction. These studies
must be conducted in a manner that will not permit the
personal identification of students and their parents by
persons other than representatives of the University or such
organizations. This information is to be destroyed when it
is no longer needed for the purpose for which it was
collected. Authorization for such activities will come from
the appropriate Vice President.
B. The disclosure of educational
records to family members and in response to subpoenas will be
carried out as follows:
1. University officials are
expected to comply with judicial orders and lawfully issued
subpoenas. Students affected by such action shall be
notified of the University's intention to comply with court
orders;
2. Spouses or other family
members of students may receive student record information
when a written consent form is submitted by the student (for
exception, see Section III-A-3);
3. Records of former students,
including deceased students, are confidential except that
records of deceased former students may be released or
disclosed at the request of a parent, personal
representative, or other qualified representative of the
student's estate, or pursuant to a court order to subpoena.
C. Upon written request, the
University shall provide student access to a student's own
records with the exception of:
1. Financial aid records of the
student's parent or guardian;
2. Confidential letters of
recommendation where the student has signed a waiver of
right-of-access, or letters of recommendation written prior
to January 1, 1975, providing such letters are used only for
the purpose for which they were specifically intended.
3. Persons who applied for
admission but were not accepted have no rights under FERPA.
Individuals who are denied admission to a program of study
or component unit are not entitled by FERPA to have access
to materials relating to the denied application, even if the
individual is subsequently admitted into and enrolled in
another course of study as a special student.
4. Those records which are
excluded from the FERPA definition of educational records.
D. Students may waive their access
to records:
1. A student may sign a waiver
of right-of-access to confidential recommendations
concerning admission, application for employment, and/or
application for a honor or honorary recognition. In such
cases the student, upon request, shall be notified of the
names of individuals making such confidential
recommendations. These recommendations are to be used solely
for the purpose for which they were intended;
2. In the event a student
refuses to sign a waiver of access, such an act may not be
considered as a condition for admission, receipt of
financial aid, or any other service or benefit from the
University.
E. Since the University does not
maintain a central repository for educational records, inquiries
for access to specific educational records should be made to the
University offices or agencies listed below who are responsible for
a particular record:
Admissions - Director of Admissions
Business - Business Manager
Counseling - Director of Counseling
Financial Aid - Director of Financial Aid
Graduate Studies - Coordinator of
Graduate Studies
Health Services - Director of the Health
Center
Housing and Security - Director of
Housing
International Students - International
Student Advisor
Career Services - Director of Career
Services
Records - Registrar
Veterans Affairs - Veterans Service
Officer
Requests for assistance in locating
individual educational records in offices other than those
listed above may be directed to the Office of the Vice President
for Student Affairs.
F. University personnel must
willingly produce for inspection, with reasonable notice by an
individual student, all records, with the exception of those
previously noted, which pertain to that student. Access to
records should occur as soon as reasonably practicable, but in
no instance more than 45 days after the request. The following
procedures should be followed when students are seeking access
to records:
1. Student must provide proper
identification;
2. Designated staff or personnel
will review and interpret the contents of the record with
the student;
3. Students will be free to
examine the content of the record and, upon request, receive
a copy. The student will have to pay the reproduction cost
of $0.15 per page in order to secure a copy of the record.
No materials can be removed from any educational record if
there is an outstanding request to inspect and review the
records. MSUM reserves the right to deny transcripts or
copies of records not required to be made available by FERPA
in any of the following situations: 1) The student has an
unpaid financial obligation to the University. 2) There is
an unresolved disciplinary action against the student.
G. When a student has challenged
specific data or information and requested amendment of the
record he/she should identify the part of the record he/she
wants changed and specify why he/she believes it is inaccurate,
misleading or in violation of her or his privacy or other
rights:
1. The designated department or
staff member may agree to amend selected information; or,
2. In the event the designated
department or staff member does not concur with the
student's request to amend the information, the student
shall follow the procedures for challenging data developed
by the department and/or division in which the department is
located. [Note: In the event of a challenge to a grade, the
student must follow the
Grade Appeal procedure.]
3. If, after following the above
procedures, resolution has not occurred (that is, the
student still feels the record is inaccurate, misleading, or
otherwise in violation of privacy or other rights of the
student), the student may request an administrative hearing
before the Student's Educational Rights and Privacy (SERP)
Committee;
4. The student should contact
the Office of the Vice President for Student Affairs for an
appointment with the SERP Committee. A hearing will be
provided where the student may present written or oral
explanations to support his/her request for amendment of the
record;
5. The SERP Committee will
provide a written decision concerning the request for
amendment of the record within five class days of the
hearing. If, as a result of the hearing, the record is
amended, the University will inform the student of the
amendment in writing. If the record is not amended, the
eligible student will be notified in writing and informed of
his/her right to place a statement in the record commenting
on the contested information. The added statement concerning
contested information shall accompany the record with the
contested information.
H. Release and waiver of student
records.
1. For records to be released,
other than as outlined in III-A, there must be a written
consent form completed by the student, specifying the
records to be released. The student is entitled to a copy of
these released records;
2. If the student has previously
signed a waiver releasing his/her records and wishes to
revoke this waiver, the student must make a request in
writing at the Records Office;
3. By revoking the waiver, the
student does not have the right to inspect and review
documents collected while the waiver was in force.
I. Each University office which
releases student educational records must permanently maintain
with the file of the student a signed written form indicating
the date of release for records and the legitimate educational
or other interest that each person, University employee, agency,
or organization had in seeking the information. Records of
requests and disclosures do not have to be maintained for: 1)
those requests made by student for their own use, 2) those
disclosures made with the written consent of students, 3) those
disclosures made to school officials under the conditions that
allowed such disclosures, or 4) those disclosures made to a
party seeking directory information.
J. Student record information can be
transferred to a third party only on the condition that the
third party will not in turn release the record to another party
without the written consent of the student. A pre-printed
statement outlining this third-party limitation will be on all
information released to a third party.
K. Areas of the University
maintaining educational records are required to have a copy of
the records policy available to students.
DATA Practices Access Personnel
The Responsible Authority for data
practices compliance and access to government data for MSUM is
President Roland Barden, located in Owens Hall 203.
Request for Student Data should be
directed to:
Admissions
Gina Monson, 218.477.2161, OW 102
Conduct
Kathy Scott, 218.477.2174, CMU 222
Counseling
Cliff Schuette, 218.477.2227, BR 260
Career Services
Cliff Schuette, 218.477.2081, CMU 114
Financial Aid & Scholarships
Carolyn Zehren, 218.477.2085, OW 107G
Health
Karen Lester, 218.477.2177, Hendrix Health Center
Housing
Beth Conner, 218.477.2118, BA 120
Records
Jayne Washburn, 218.477.2575, OW 104E
Veterans
Les Bakke, 218.477.2300, LI 201
Request for Personnel Data should be
directed to:
Edward Choate, 218.477.2066, OW 210C
Request for Other Public or Private Data
should be directed to:
Academic Programs
Judy Strong, 218.477.2075, OW 205A
Student Programs
Warren Wiese, 218.477.2171, OW 206
Finance and Business
Mark Rice, 218.477.2062, OW 106
Facilities and Grounds
Jeff Goebel, 218.477.2069, Physical Plant
If you have questions or concerns about
problems in obtaining access to data or other data practices
problems, you may contact the campus data compliance officer:
Tami L. Norgard through the Records Office, OW 104E.
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