WVU STUDENT HANDBOOK - THE MOUNTIE
Effective January 1983 Revised November 1987

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FERPA Student Release Form

West Virginia University Policy on the
Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act of 1974 is a federal law which states: (a) that a written institutional policy must be established; and (b) that a statement of adopted procedures covering the privacy rights of students be made available. The law provides that the institution will maintain the confidentiality of student education records.

West Virginia University accords all the rights under the law to students who are declared independent. No one outside West Virginia University shall have access to nor will West Virginia University disclose any information from students' education records, without the written consent of students, with the following exceptions allowable by the Act: West Virginia University officials who have a legitimate educational interest; other educational institutions to which the student has applied; federal, state, or local authorities for the purpose of audit and evaluation of federal or state supported education programs; persons or organizations in connection with financial aid for which the student has applied or received; organizations conducting studies for or on behalf of the institution for the purpose of developing, validating or administering predictive tests, administering student aid programs and improving instruction; accrediting organizations to carry out their accrediting functions; individuals authorized in judicial order or lawfully issued subpoena; appropriate parties in health and safety emergency; the victim of an alleged perpetrator of a crime of violence or non-forcible sex-offense (final results of the disciplinary proceeding only); the parent of a student under the age of 21, regarding the violation of any federal, state, or local law or institution policy governing the use or possession of alcohol or controlled substance; or to a student who is the alleged perpetrator of a crime of violence or non-forcible sex-offense.

The Act also permits disclosure of information from students' education records, without the written consent of students, to parents of a dependent student of such parents, as defined in Section 152 of the Internal Revenue Code of 1954, as amended. A FERPA Student Release PDF form is available to complete and file with the Office of Admissions and Records.

Within the West Virginia University community, only those members individually and collectively acting on the students' educational interest are allowed access to student education records. These members include personnel in the Office of Admissions and Records, Student Affairs, including the Counseling Service, Office of Student Life, International Students Adviser, Student Financial Aid, and Career Services Center, the offices of Deans and Directors maintaining student education records, and other administrative and academic personnel within the limitations of their need to know.

At its discretion West Virginia University may provide Directory Information in accordance with the provisions of the Act to include: student name, address, telephone number, electronic mail address, date and place of birth, names and addresses of parents, major field of study, dates of attendance, previous educational institution(s) attended, degree(s) and date(s) conferred, awards, honors, participation in officially recognized activities and sports, and weight and height of members of athletic teams. Students may withhold Directory Information by written notification to the Office of Admissions and Records, West Virginia University, PO Box 6009, Morgantown, WV 26506, before the close of the late registration period for the fall term.

To assure that the request for non-disclosure of Directory Information is properly processed and honored, the student should use the Official Form available in the Office of Admissions and Records. Request for nondisclosure will be honored by West Virginia University for only one academic year. Therefore, authorization to withhold Directory Information must be filed annually in the Office of Admissions and Records. For this purpose the academic year of West Virginia University commences with the first summer session.

The law provides students with the right to inspect and review information contained in their education records, to challenge the contents of their education records, to have a hearing if the outcome of the challenge is unsatisfactory, and to submit explanatory statements for inclusion in their files if they feel the decisions of the hearing panels are unacceptable. The Office of Admissions and Records at West Virginia University has been designated to coordinate the inspection and review procedures for student education records, which include admissions, personal, academic, and financial files, and academic, cooperative education, and career services records. Students wishing to review their education records must make a written request to the office maintaining the particular education record desired to be reviewed, listing the item or items of interest. Only records covered by the Act will be made available within 45 days of the request. Students may have copies made of their records with certain exceptions, e.g., a copy of the academic record for which a financial "hold" exists, or a transcript of an original or source document which exists elsewhere. These copies would be made at a students' expense at the prevailing rates charged at coin-operated copying machines operated by the university. Education records do not include records of instructional, administrative, and educational personnel which are in the sole possession of the maker and are not accessible or revealed to any individual except a temporary substitute, records of the law enforcement unit, student health records, employment records, or alumni records. Health records, however, may be reviewed by physicians of the students' choosing.

Students may not inspect and review the following as outlined by the Act: financial records of the student's parent(s); confidential letters and recommendations associated with admissions, employment, or career placement, or honors to which they have waived their rights of inspection and review; or education records containing information about more than one student, in which West Virginia University will permit access only to that part of the record which pertains to the inquiring student. West Virginia University is not required to permit students to inspect and review confidential letters and recommendations placed in their files before January 1, 1975, provided those letters were collected under established policies of confidentiality and were used only for the purpose for which they were collected.

Students who believe that their education records contain information that is inaccurate or misleading, or is otherwise in violation of their privacy or other rights, may discuss their problems informally with the Office of Admissions and Records. If the decisions are in agreement with the students' requests, the appropriate records will be amended. If not, the students will be notified within a reasonable period of time that the records will not be amended; and they will be informed by the Office of Admissions and Records of their right to a formal hearing. Students' requests for a formal hearing must be made in writing to the Vice President for Student Affairs who, within a reasonable period of time after receiving such requests, will inform students of the date, place, and time of the hearings. Students may present evidence relevant to the issues raised and may be assisted or represented at the hearings by one or more persons of their choice, including attorneys, at the students' expense. The hearing panel which will adjudicate such challenges will consist of not less than three members, including at least one student member, of the West Virginia University Student Records Hearing Committee, a seven-member committee consisting of four members of the faculty and three students, appointed annually by the President of the university.

Decisions of the hearing panel will be final, will be based solely on the evidence presented at the hearing, and will consist of written statements summarizing the evidence and stating the reasons for the decisions, and will be delivered to all parties concerned. The education records will be corrected or amended in accordance with decisions of the hearing panel, if the decisions are in favor of the students. If the decisions are unsatisfactory to the students, the students may place with the education records statements commenting on the information in the records, or statements setting forth any reasons for disagreeing with the decisions of the hearing panel. The statements will be placed in the education records, maintained as a part of the students' record, and released whenever the records in question are disclosed.

Students who believe that the adjudications of their challenges were unfair, or not in keeping with the provisions of the Act, may appeal in writing to the President of West Virginia University. Decisions made by the President may be appealed to the West Virginia University Board of Governors or to the Chancellor of the Higher Education Policy Commission, Charleston, WV 25301. Further, students who believe that their rights have been abridged may file complaints with Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave., S.W., Washington, DC 20202-4605, concerning the alleged failures of West Virginia University and/or the West Virginia University Board of Governors to comply with the act.

Revisions and clarifications of this policy will be published as experience with the law and West Virginia University's policy warrant.

Annual Notice to Students of the Family Educational Rights and Privacy Act of 1974 and Notice Designating Directory Information

Annually, West Virginia University informs students of the Family Educational Rights and Privacy Act of 1974. This Act, with which West Virginia University intends to comply fully, was designed to protect the privacy of education records, to establish the right of students to inspect and review their education records, and to provide guidelines for the correction of inaccurate or misleading data through informal and formal hearings. Students also have the right to file complaints with The Family Educational Rights and Privacy Office (FERPA) concerning alleged failures by West Virginia University to comply with the Act.

The West Virginia University Policy on the Family Educational Rights and Privacy Act explains in detail the procedures to be used for compliance with the provisions of the Act. Copies of the policy can be found in the Office of Admissions and Records. The offices of the Deans and Directors can inform students as to the locations of all education records maintained on students by West Virginia University.

Questions concerning the Family Educational Rights and Privacy Act may be referred to the General Counsel's Office.

West Virginia University designates the following categories of student information as public or "Directory Information." This information may be disclosed by West Virginia University for any purpose, at its discretion: name, address, telephone number, electronic mail address, date and place of birth, names and addresses of parents, major field of study, class, dates of attendance, previous educational institution(s) attended, degree(s) and date(s) conferred, awards, honors, participation in officially recognized activities and sports, and weight and height of members of athletic teams.

Currently enrolled students may withhold disclosure of information under the Family Educational Rights and Privacy Act of 1974. To withhold disclosure, written notification must be received in the Office of Admissions and Records at West Virginia University, PO Box 6009, Morgantown, WV 26506, before the close of the late registration period for the fall term. Official forms requesting the withholding of Directory Information are available in the Office of Admissions and Records. To assure that a request to withhold Directory Information will be properly processed and honored, it should be submitted on the Official Form.

West Virginia University assumes that failure on the part of any student to specifically request, on the Official Form, the withholding of Directory Information indicates individual approval for disclosure.

FERPA Student Release Form