Student Privacy and Education Records
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:
- The right to inspect and review the student's education records within 45 days after the day the University receives a request for access. A student should submit to the Registrar a written request that identifies the record(s) the student wishes to inspect. The University official will make arrangements 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.
- The right to request an amendment of the education record 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 the University to amend a record should write the University official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
- If the University decides not to amend the record as requested, the University 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.
- The right to provide written consent before the University discloses personally identifiable information from the student's education records, except to the extent that FERPA authorizes disclosure without consent. The University 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 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.
- A person who serves as a volunteer or contractor outside of the University and who performs an institutional service or function for which the University would otherwise use its own employees and who is under the direct control of the University with respect to the use and maintenance of personally identifiable information from education records, such as an attorney, auditor, collection agent or a student volunteering to assist another school official in performing their tasks.
- A University official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibilities for the University. Upon request, the school also discloses education records without consent to officials of another educational institution in which a student seeks or intends to enroll. FERPA requires the University to make a reasonable attempt to notify each student of these disclosures unless the institution states in its annual notification that it intends to forward records on request or the disclosure is initiated by the student.]
- The right 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 name and address of the office that administers FERPA is: Family Policy Compliance, Office U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202.
FERPA permits the disclosure of personally identifiable information (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 University officials (as defined above), 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.
The University may disclose PII from the education records without obtaining prior written consent of an eligible student:
- To other University officials whom the University has determined to have legitimate educational interests, as described. This includes contractors, consultants, volunteers, or other parties to whom the University has outsourced institutional services or functions, provided that certain conditions are met. (§99.31(a.1)).
- To officials of another university 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 S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or state and local educational authorities. 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 (§99.31(a.4)).
- To certain state and local officials or authorities when authorized by state statute in certain (§99.31(a.5)).
- To organizations conducting studies for, or on behalf of, the University, in order to: (a) develop, validate or administer predictive tests; (b) administer student-aid programs; or (c) improve (§99.31(a.6)).
- To accrediting organizations to carry out their accrediting (§99.31(a.7)).
- To parents of an eligible student if the student is a dependent for IRS tax (§99.31(a.8)).
- To comply with a judicial order or lawfully issued (§99.31(a.9)).
- To appropriate officials in connection with a health or safety emergency, subject to 99.36. (§99.31(a.10)).
- When it is information the University 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 the University 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 University'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 the University, governing the use or possession of alcohol or a controlled substance if the University determines the student committed a disciplinary violation and the student is under the age of (§99.31(a.15)).
- The disclosure concerns sex offenders and other individuals required to register under section 17010 of the Violent Crime Control and Law Enforcement Act of 1994.
Directory Information
Institutions may disclose a student's directory information without their consent and without violating FERPA if the student has not restricted their personal information.
The University considers the following to be directory information:
- Student's name
- Chosen name
- Address
- Date and place of birth
- Major
- Honors
- Awards
- Participation in recognized activities and sports
- Height and weight of athletes
- Class level
- Dates of enrollment
- Degrees conferred and dates of conferral
- Institutions attended immediately prior to admission
- SXU Email address
- Photo ID
Request to Restrict Directory Information
While attending Saint Xavier University, students may request to restrict the release of their directory information except to University officials with a legitimate educational interest. In order to restrict all information, a signed and dated request must be made in writing to the Office of the Registrar. Should a student graduate or otherwise leave the University, this restriction will remain in place until the student requests for it to be removed.
Please Note: Once a student's record has been made confidential, no information can be shared about the individual without the student's written consent. In such a case, problems may occur thereafter when potential employers or other parties make inquiries about the student.
Please review the policy and procedures carefully. If you have any questions, please direct them to the Office of Records and Registration.
