Family Education Right and Privacy Act

Any person who attends or has attended Thomas More University, Villa Madonna College, or the Seminary of St. Pius X.

Any record (in handwriting, print, tapes, diskette, film, or another medium) maintained by Thomas More 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.
• 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 maintained by an office in the University if the records are maintained solely for law enforcement purposes are revealed only to law enforcement agencies of the same jurisdiction, and this University office does not have access to education records maintained by the University.
• Records maintained by the Health Clinic 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 he or she is no longer in attendance at the University and which do not relate to the person as a student.
• The financial statements of the student’s parents/guardians.
• Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in file before January 1, 1975.
• Records connected with an application to attend Thomas More University, Villa Madonna College, or the Seminary of St. Pius X if that application was denied.
• Those records which are excluded from the FERPA definition of education records.

Note:  Education records held by Thomas More University are considered the property of the University to which students have rights of access.

Administrative office with official responsibility for the maintenance of student academic records.  The only office authorized to release official and unofficial transcripts and verifications.

“Directory Information” may be released for any purpose at the discretion of the University when it is believed to be in the best interest of the student.  Under the provisions of FERPA students have the right to withhold the disclosure of all “Directory Information” as follows: student name, address, email address, telephone number, major field of study, dates of attendance, enrollment status, degrees, academic honors, and awards received, club and athletic participation records, and photographic, videotaped, and electronic images.  The University will disclose any of these items without prior written consent from the student unless notified in writing by the student to the contrary.  The University will disclose only dates of attendance, enrollment status, major field of study and degrees received via telephone.  Other “Directory Information” will be disclosed by written response.  If the student does not wish to have this information released for any purpose, including the student directory, press releases, etc., the student must inform the University in writing by the end of the second week of classes in any semester.  Notification forms are available in the Office of the Registrar.  If the student’s correspondence is not received in the appropriate office, the University will disclose the above information until the next notification.  Please consider very carefully the consequences of any decision to withhold “Directory Information.”  Should a student decide to inform the University not to release “Directory Information,” requests for ALL “Directory Information” from any third party will be refused.

Once enrolled, students have the right to review their educational records except those excluded by law within 45 days of the day the University receives a request for access. Students should submit written requests that identify the record(s) they wish to inspect.  The University will make arrangements for access and notify the student of the time and place where the records may be inspected.

Students have the right to ask the University 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 request, in writing, to the University official responsible for the record, to amend a record.  In so doing, the student shall identify the part of the record he/she wants to be changed and specify why he/she believes it is inaccurate, misleading, or in violation of his/her privacy or other rights.
• The University may comply with the request or it may decide not to comply.  If it decides not to comply, the University will notify the student of the decision and advise him/her of his/her right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s rights.
• Upon request, the University will arrange for a hearing, and notify the student of the date, place and time of the hearing.
• The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the institution.  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 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 the University decides 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/she has a right to place in the record a statement commenting on the challenged information.
• The statement will be maintained as part of the student’s education records as long as the contested portion is maintained.  If the University discloses the contested portion of the record, it will also disclose the statement.
• If the University decides 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.

With an understanding that it cannot deny students access to their educational records, the following describes the circumstances in which the University may deny students a copy of their education records if the student has an unpaid financial obligation to the University or if there is an unresolved disciplinary action against the student.

All student records will be treated with confidentiality.  University faculty and staff will have access to student records on a “need-to-know” basis.  The office responsible for any particular education record or office requesting information for a legitimate educational interest will be responsible for ensuring that such confidentiality is maintained.

Disclosure of any information other than Directory Information requires a signed release, with original signature, from the student.  This may include, but is not limited to, the release of grade point averages, grades, test scores, etc.  Such information will not be accepted or released via any electronic or faxed method.

Deceased Students:  The University will not permit the release of educational records of deceased students unless authorized in writing by the executor/executrix of the deceased student’s estate.

The University will disclose information from a student’s education records only with the written consent of the student, except:

• To school officials who have a legitimate educational interest in the records. A school official is a person employed by the University in an administrative, supervisory, academic, research, or support staff position (including law enforcement personnel and health staff); a person or company with whom the University has contracted (such as an attorney, auditor or collection agent); a person serving on the Boards of Trustees; or 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. 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 by a contract agreement, performing a task related to a student’s education, or performing a task related to the discipline of a student.
• To certain officials of the U.S. Department of Education, The Comptroller General, and state and local educational authorities, in connection with certain state or federally supported education programs.
• In connection with a student’s request for or receipt of financial aid, as necessary 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 organizations conducting certain studies for or on behalf of the University.
• To accrediting organizations to carry out their functions.
• To comply with a judicial order or a lawfully issued subpoena after a reasonable attempt is made to notify the student.  The University is not required to give prior notice when responding to a Federal grand jury subpoena or other law enforcement subpoena that states the student not be informed; and that the contents of or existence of the subpoena not be disclosed.
• To comply with State statutes in connection with a juvenile justice system.
• To a court when the University initiates legal action against a student and gives the student prior notice of the intended disclosure.
• To appropriate parties in a health or safety emergency.

Note:  The University will be prohibited from permitting specific third party access to personally identifiable student information for a period of five years if that third party rediscloses personally identifiable student information in violation of FERPA.

The Solomon Amendment mandates that institutions must fulfill military requests for student recruiting information.  Federal law defines student recruiting information as name, address, telephone number, age or date of birth, class level, academic major, place of birth, degrees received, and most recent educational institution attended.  Requests can also include additional directory information as defined by the institution, such as email address.  Students who have elected to withhold directory information will not have their information released under the Solomon Amendment.

The University may, at its discretion, release student educational records only under the following circumstances:

1. through the written consent of the student, i.e. academic records;
2. in compliance with a subpoena; or
3. by submission of evidence that the parents or guardians declare the student as a dependent on their most recent Federal Income Tax form (Internal Revenue Code of 1954, Section 152), i.e., student financial account records or notarized statement of intent to claim the student as a dependent.

The University will maintain a record of all legitimate written disclosures of a student’s educational record released without student’s signature as set forth in the exceptions noted above.

• Students will be notified of their FERPA rights annually by publication in all student handbooks published by Student Development/Dean of Students and the Accelerated Programs/Center for Adult and Professional Education.
• Other notification may be made available through publication in the University Catalogue and the Faculty Policy Manual.  Also, handouts will be made available at all times in the Office of the Registrar.

The following is a list of the types of education records that Thomas More University maintains, their locations, and their custodians.