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Purdue University Executive Memoranda Master Listing

PURDUE UNIVERSITY
OFFICE OF THE PRESIDENT
EXECUTIVE MEMORANDUM No. B-44
(Supersedes Executive Memo B-30)

February 17, 1977

To: All Purdue University Students and Staff

Re: University Policy Regarding the "Family Educational Rights and Privacy Act of 1974" (as Amended)


Purdue University herewith notifies all students and staff of the official University policy regarding student rights and institutional responsibilities under the "Family Educational Rights and Privacy Act of 1974" ("Act"), which became effective 19 November 1974 and was amended on 31 December 1974.

Policy Statement on Protection of Rights and Privacy of Students

  1. This statement of University policy becomes effective immediately.

  2. Students who are attending or have attended the University, and for whom educational records or personally identifiable information is maintained have a right to:

    1. Be provided a list of the types and location of educational records maintained by the University and the titles and addresses of the officials responsible for those records (see appropriate appendix for each campus);

    2. Inspect and review educational records (except as excluded in C below), within 45 days of a written request being presented to the authorized custodian of the records in question;

    3. Receive a response from the University to reasonable requests for explanations and interpretations of educational records;

    4. Obtain a copy of educational records (except as excluded in C below), for which students may be required to pay the reproducing costs of ten cents per page. (This cost does not apply to official transcripts.);

    5. Request amendments to their educational records to insure that they are not inaccurate, misleading, or otherwise in violation of privacy rights, and if the University refuses to make such amendments, the student shall have an opportunity for an administrative hearing to challenge the content of the record on the same grounds and to insert a written statement or explanation commenting upon the information in the record;

    6. Inspect and review only such parts of educational material documents as relate to him/her or to be informed of such specific information;

    7. Receive a copy, if desired, of all records supporting enrollment or transfer to another school, and have an opportunity for an administrative hearing to challenge the content of these records;

    8. Be notified, upon request, of the names of all individuals providing confidential letters and statements as requested by the student, regarding admission, application for employment, or the receipt of an honor or honorary recognition;

    9. Revoke, in writing, any previously executed waiver of rights under this Act, with respect to any actions occurring after revocation;

    10. Inspect a written record of disclosure kept permanently with his/her educational record, containing the names of all parties (other than those enumerated in E below), who have requested or obtained access to the records, stating their legitimate interest for seeing them; and

    11. File complaints with the Family Educational Rights and Privacy Act Office, Department of Health, Education, and Welfare, 330 Independence Avenue S. W., Washington, D.C. 20201.

  3. Materials, information, and records not available to students for inspection, review, challenge, correction, or deletion, or not included in the definition of "education records", include:

    1. Confidential letters and statements of recommendation which were placed in the educational records prior to 1 January 1975, if they are not used for purposes other than those for which they were specifically intended;

    2. Confidential letters and statements of recommendations, used solely for the purposes for which they were specifically intended, if the student has waived the right to inspect and review recommendations:

      1. regarding admission to an educational institution,
      2. regarding an application for employment, and
      3. regarding the receipt of an honor or honorary recognition;

    3. Financial records and statements of the student's parents or any information contained therein;

    4. Records of instructional, supervisory, or administrative personnel or educational personnel ancillary thereto, which are in the sole possession of the maker thereof and are not accessible or revealed to any other person except a substitute;

    5. Records which are created or maintained by a physician, psychiatrist psychologist or other recognized professional or paraprofessional acting or assisting in that capacity, and are used only in providing treatment to the student, and not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student's choice;

    6. Records made and maintained in the normal course of business which relate exclusively to the individual in his or her capacity as an employee and are not available for any other purpose; except, this exclusion does not apply to an individual who is by the employed University as a result of his/her status as a student (i.e., interns, graduate assistants, etc.); and

    7. Records which contain only information relating to a person after that person is no longer a student at the University.

  4. A student's educational records or other personally identifiable information (other than directory information) may not be disclosed without the student's prior written consent except in the following instances:

    1. To the student himself/herself;

    2. To school officials (defined as: members of the University faculty and staff and internal or external auditors) when their legitimate educational interest in those records has been determined by the respective records custodian. (In making that determination, the custodian shall assume that a "legitimate educational interest" has been demonstrated if he or she is assured that the official requires the information to assist in pursuing student and university educational or vocational objectives);

    3. To officials of other schools in which the student seeks or intends to enroll, provided the student may upon request have a copy of the records so transferred and an opportunity for a hearing;

    4. In connection with determining eligibility, amounts, and conditions, or enforcing terms of financial aid for which the student has applied or that which he or she has received,

    5. To parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1954;

    6. To comply with a judicial order or lawfully issued subpoena, provided the University makes a reasonable effort to notify the student of the order in advance of the compliance therewith;

    7. To appropriate parties in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of the student or other individuals; and

    8. To law enforcement agencies and to certain other governmental educational authorities and agencies as are enumerated in and required or permitted by the Act.

  5. The appropriate University records custodian shall for each request for and each disclosure of personally identifiable information from the educational records of a student, maintain a record kept with these records which indicates the parties who have requested or obtained personally identifiable information and their legitimate interests in obtaining it. However, this requirement does not apply to:

    1. Disclosures to a parent to a parent of a dependent student;

    2. Discloses pursuant to the written consent of the student, when the consent is specific with respect to the party or parties to whom the disclosure is to be made;

    3. Disclosures to school officials, when it has been determined that the official has a legitimate educational interest; and

    4. Disclosures of directory information.

  6. In all cases, except for the disclosure of directory information, the recipient of personally identifiable information from the educational records of a student shall be informed that the information is released upon the condition that it will not be disclosed to any other party (except to its officers, employees, or agents in the case of a recipient institution, agency or organization, but still only for the purpose for which the disclosure was made), without the prior written consent of the student.

  7. The University hereby gives notice that the following categories of information are designated as "directory information" and may be released without written consent of the student:

    1. Student's name; address; telephone listing; school; curriculum, classification, and credit hour load; dates of attendance; degrees, awards, and honors received; participation in activities and sports; and weight, height, and position of members of athletic teams.

      Students may request, by reporting in person to the registrar, that any or all of the above listed categories of directory information not be released without their consent. Such requests must be made in person in advance or in any event not later than the end of the first week of classes in any semester or summer session and such requests shall apply only to subsequent actions by the University.

  8. The University shall provide to past and present students the opportunity to challenge the content of educational records to insure that they are not inaccurate, misleading, or otherwise in violation of privacy rights, and to correct, delete, or insert written statements of explanation into such records. This does not give a student a right to contest or challenge an assigned grade, which shall be handled through the University Grade Appeals System. Although disagreements may be settled through informal meetings and discussions, either the student or the University may request an administrative hearing to resolve the dispute. If a hearing is held, it shall:

    1. Be conducted and decided within a reasonable period of time following the request, and the student shall be given notice of the date, time, and place reasonably in advance of the hearing;

    2. Be conducted, and the decision rendered, by the authorized custodian of the record in question (or other University official designated by the president), provided that person does not have a direct interest in the outcome;

    3. Afford the student a full and fair opportunity to present evidence relevant to the issues, and to be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney; and

    4. Insure that the decision is rendered to the student in writing within a reasonable time after the conclusion of the hearing, is based solely upon the evidence presented at the hearing, and shall include a summary of the evidence and the reasons for the decision.

  9. Student educational records and personally identifiable data should be screened periodically to ensure that only those required or necessary will be retained. However, records and data shall not be destroyed if there is an outstanding request to inspect and review them. Additionally, the record of access and any statements of explanation shall be maintained as long as the educational records to which they pertain are maintained.

  10. The registrar is designated to assist with the interpretation and implementation of the Act.

A. G. Hansen
President

Appendix

Classification, Location, and Custodians of Student Records
at the West Lafayette Campus

Academic Records Hovde Hall Registrar
Admissions Hovde Hall Director
Alumni Association Purdue Memorial Union Director
Bursar Hovde Hall Bursar
Dean of Students Hovde Hall Dean
Educational Placement Matthews Hall Director
Financial Aids Ag Annex Director
Graduate Houses Hall Office Manager
Married Student Housing Directors Office Director
Medical Records Student Hospital Director
Placement Service Stewart Center Director
Residence Halls Hall Office Manager
Student Employee Records
Graduate
Undergraduate
Adm. Services Building Budget Administrator
Director of Personnel Services
University Police Engineering Admin. Bldg Chief
Veterans Affairs Hovde Hall Registrar

Students may have records in the following offices and maintained by the administrative officer listed below:

School or Division*
Agriculture Agricultural Admin. Bldg Dean
Engineering Engineering Admin. Bldg Dean
Consumer and Family Services Stone Hall Dean
Graduate Graduate House East Dean
Humanities, Social
Science, and Education
Stanley Coulter Hall Dean
Management Krannert Dean
Pharmacy Pharmacy Bldg Dean
Science Math Science Bldg Dean
Technology South Campus Cts.
Building A
Dean
Veterinary Medicine Lynn Hall of Veterinary Medicine Dean

*Some departments maintain records separate from the school or division. Departments which have separate records, their location and the person responsible for the record, may be obtained from the office of the dean of the school in which the department is located or from the custodian listed above for nonacademic departments.