Loyola Marymount University Bulletin 2011-2012 > Academic Degree Requirements and Policies > Privacy Rights of Students in Education Records (FERPA) > Loyola Marymount University Policy on Confidentiality of Education Records (FERPA Policy)

Loyola Marymount University Policy on Confidentiality of Education Records (FERPA Policy)

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Privacy Rights of Students in Education Records (FERPA)

The Family Educational Rights and Privacy Act of 1974, as amended ("FERPA"), is a Federal law which governs student privacy and confidentiality of student education records. Loyola Marymount University ("LMU") recognizes, abides by and enforces the confidentiality of student records under FERPA.

Definitions

For the purposes of this policy, the following definitions apply:

Student – any person who attends or has attended LMU.

Education records – any record (in handwriting, print, tapes, film, electronic, or other medium) maintained by LMU or any agent of LMU 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 employee 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.

LMU Department of Public Safety records created and maintained by LMU’s Department of Public Safety for Department of Public Safety purposes.

Counseling records which are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional, acting in his or her professional capacity or assisting in a paraprofessional capacity, used solely in connection with the provision of treatment to the student and not disclosed to anyone other than individuals providing such treatment, so long as the records can be personally reviewed by a physician or other appropriate professional of the student’s choice. "Treatment" in this context does not include remedial educational activities or activities which are part of the program of instruction at the institution.

Health records maintained by the Student Health Center, 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.

Annual Notification

Current students are notified annually of their rights under the Family Educational Rights and Privacy Act (FERPA) by publication in the University Bulletin and by posts on the LMU website.

Procedure to Inspect Education Records

Students may inspect and review their official academic or other education records (with certain limited exceptions) within 45 days of the day LMU receives the student’s written request for access. A student should submit any such request in writing, identifying the record(s) the student wishes to inspect, to the appropriate LMU official or department. LMU will make arrangements for access and notify the student of the time and place where the records may be inspected.

Right of University to Refuse Access

LMU reserves the right to refuse to permit a student to inspect the following records:

The financial statements of third parties.

Letters and statements of recommendation for which the student has waived his or her right of access, or which were created before January 1, 1975.

Records connected with an application to attend LMU, or any LMU program, after acceptance but prior to enrollment, or if that application was denied.

Those records which are excluded from the FERPA definition of education records.

Refusal to Provide Copies

Unless required by FERPA or other law, LMU reserves the right to deny a student’s access to academic transcripts or copies of records in any of the following situations:

The student has any unpaid financial obligations to LMU.

There is an unresolved disciplinary action against the student. Copies of disciplinary records will only be made available when a student is unable to come to the office to inspect the record.

Disclosure of Education Records

LMU will disclose information from a student’s education record 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 any person employed by LMU in any administrative, supervisory, academic or research, or support staff position (including public safety and health services staff); any person or company with whom LMU has contracted to provide a service to or on behalf of LMU (such as attorneys, auditors or collection agents); any person serving on LMU’s Board of Trustees; or any 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 needs to review an education record in order to fulfill the official’s professional responsibilities.

To officials of another school, upon request, in which a student seeks or intends to enroll. A reasonable attempt will be made to notify the student prior to the release of such records.

To certain officials of the U.S. Department of Education, the Controller General, Attorney General, and the 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. Parents’ financial information, including statements submitted in connection with financial aid applications, is excluded from inspection.

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 parents of a dependent student, as defined in the Internal Revenue Code. The parents must provide a copy of their most recent federal income tax return establishing the student's dependency. Full rights under the act shall be given to either parent, unless LMU has been provided with evidence that there is a court order, state statute or legally binding document relating to such matters as divorce, separation or custody that specifically revokes those rights. LMU does not have an obligation to disclose any financial information about one parent to another. If a parent claims a student as a dependent and does not want his/her financial information disclosed to his/her spouse or former spouse, the parent may make that request to the institution.

To comply with a judicial order or a lawfully issued subpoena.

To appropriate parties in a health or safety emergency.

To an alleged victim of a sexual assault of the final results of any institutional disciplinary proceeding against the alleged perpetrator of that crime with respect to that crime or offense.

To courts for a legal proceeding brought by a parent or student against the university or by the university against a parent or student.

To parents and legal guardians of students under age 21 if the student violated LMU policies, state or federal laws relating to the use or possession of alcohol or a controlled substance.

To the public the final results of a disciplinary proceeding only if it has been determined that:

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 with respect to the allegation.

To state and local juvenile justice systems or their officials.

If designated as "Directory Information."

Directory Information

LMU is permitted under provisions of FERPA to release "Directory Information" upon request to anyone within the LMU community and to the general public without a student’s consent. Students who wish to have their directory information withheld must notify the Office of the Registrar in writing each semester by the close of official registration. (Please note that such withhold notification will prevent LMU from providing your directory information to friends, prospective employers, organizations and others with whom a student may wish to share such information, so a student should make any withhold notification carefully.)

Directory Information consists of a student’s:

Name

Address(es)

E-mail address(es)

Telephone numbers

Date and place of birth

Major field of study

Enrollment status

Dates of attendance

Anticipated degree and degree date

Degrees, honors and awards received

Participation in officially recognized activities

Weight and height of members of athletic teams

A student’s personal identifier used by the student for purposes of accessing or communicating in electronic systems

Most recent educational institution attended

Photograph

Correction of Education Records

Students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. A student should submit any such request to LMU in writing, clearly identifying the records that the student believes are inaccurate and specifying the reasons the student believes them to be inaccurate. LMU will notify the student of its decision, and if the decision is negative, of the student’s right to a hearing regarding his or her request for amendment. Additional information regarding the hearing procedures will be provided at that time.