F.E.R.P.A. & H.I.P.P.A. Guidelines
Family Educational Rights & Privacy Act of 1974
(FERPA)
In accordance with the Family Educational Rights and
Privacy Act of 1974 and all of its subsequent amendments, students attending Valdosta State University are hereby notified of their right of access to their educational records.
A. Definition of Record: Within 45 days of receiving a request, the University must allow students to inspect their
“educational records,” which are defined broadly to
include “records, files, documents, and other materials
which (1) contain information directly related to a
student, and (2) are maintained by (a college) or by a person, acting (for a college).”
B. Records Not Available for Student’s Inspection: Students need not be allowed to look at (1) financial information
furnished in the past or future by their parents, (2)
confidential letters of evaluation which have found their
way into the records before January 1, 1975. As to such
letters received after 1974, the law allows the student to
waive his or her right of access, if the letters have to do
with admission, employment, or honors, if the letters are
used only for those purposes, and if the student is told,
on his or her request, the names of all letter writers. No
student or applicant may be required to execute a waiver,
but an unsuccessful applicant, waiver or no, has no right
to inspect all or any of the files accumulated in his or
her case. Other materials falling outside the definition of
“educational records” and thus not open to inspection
by parents or students include: (3) the records about
students made by teachers or administrators for their
own use and not shown to others, (4) campus police
records, under certain circumstances, (5) employment
records, and (6) records about college or overseventeen-
year old students created or maintained by a
physician, psychiatrist, psychologist, or other registered
professional or para-professional” acting or assisting in such capability, for treatment purposes, and which are available only to persons providing such treatment.
C. Disciplinary Process: If Valdosta State University is
responding to a court order or subpoena, it is under no requirement to give a student a copy of the materials furnished, but it will notify him or her of all such orders or
subpoenas in advance of compliance therewith.
D. Access Trial: Anyone looking at a student’s record must
sign and leave in the file a statement indicating that
person’s “legitimate educational or other interest” in
inspecting the file. Valdosta State University’s own
employees if within the category determined by the
University itself to have a legitimate educational interest in the file, need not execute any explanatory statement, nor must a record of their access be kept.
E. Records available for student review and inspection and the official responsible for such records are as follows:
1. Academic Records Registrar, Admissions, Vice President
for Academic Affairs and the student’s advisor
2. Financial Records Vice President for Finance and Administration, Director of Financial Aid
3. Disciplinary Records Vice President for Student Affairs (Dean of Students, Assistant Dean of Students)
4. Placement Records Director of Career Services
F. Any student wishing to review or challenge his or her records or desiring further information should contact the
Vice President for Academic Affairs.
G. Disciplinary Records Review and Retention: All student disciplinary records are retained in accordance with
the Board of Regents policy as stated in Student
Records Catergory K (64) Student Conduct Records/
Disciplinary Action Records Explanation: This series
documents academic dishonesty and conduct violations
among students. Records may include but are not
limited to: incidents reports; final reports; evidence;
notification of allegation; Timely Notice Forms; Conduct-
Pending, Conduct-Restitution, and Suspension Lists;
Semesterly Security Reports; disciplinary reports;
informal discussion notes; formal hearing notes; final
summary statements; decision statements; appeals
documentation; and related documentation and correspondence. Retention: 5 years after graduation or date of last attendance.
H. Educational, financial aid, and placement records are maintained permanently.
I. Student Access: Students will be furnished copies of any desired records that are accessible under the FERPA
guidelines for 25 cents per page fee as well as a nominal
retrieval time cost. A student desiring to review his
or her records should make a written request to the
Custodian of Offical records in the Vice President for
Academic Affairs Office who will forward the request to
the appropriate departmental contact. Within 45 days
the student will be allowed access to his or her records
as defined in the Family Educational Rights and Privacy
Act of 1974 (FERPA). Any student desiring to challenge
the content of his or her records should notify the Vice
President for Academic Affairs in writing, who will, within
45 days, allow the student to present his or her argument before the Valdosta State University Disciplinary Committee for a decision.
J. Challenge Hearings: The student has a right to the
opportunity of challenging the content of his or her
educational records and to secure the correction of
inaccurate or misleading entries. Furthermore, a student
may insert into his or her records a written explanation
respecting the content of such records. A student
may challenge a grade only on the grounds that it was inaccurately recorded, not that it was lower than the instructor ought to have awarded.
Types of information about a student that may be released to whom, and under what conditions?
The following information about a student is considered
“directory information” at Valdosta State University, and it
may be released without the consent of the student, unless he or she has specifically asked that his or her prior consent be obtained.
* Student’s name
* Participation in officially recognized activities and sports
* Address
* Telephone listing
* Weight and height of members of athletic teams
* Electronic mail address
* Photograph
* Degrees, honors, and awards received
* Date and place of birth
* Major field of study
* Dates of attendance
* Grade level
* The most recent educational agency or institution
attended
The student will have the opportunity to request that the
“directory information” as defined above be considered
confidential information.
Should a student seek to restrict release of directory
information then a written request must be furnished to the
Registrar’s Office. The form is available in the Registrar’s
Office. Upon the Registrar’s receipt of a properly completed
form directory information will be withheld.
Access Without Student Consent: Other than in the
exceptions listed below, or in the case of directory
information listed above, or in responding to a judicial
process, the University may not release “personally
identifiable information” in education records or allow anyone
access to those records, unless the student has given his
or her written consent specifying the records to be released,
the reasons for such release, and to whom and a copy of the
released records is furnished by the student.
Exceptions:
A. Faculty, administrators, and other appropriate Valdosta
State University personnel may review the record if they
have a “legitimate educational interest or need to know.”
B. Also, Valdosta State University may transfer information:
(a) to other educational institutions to which the student
intends or “seeks” (now) to enroll (though the student
must be given a copy of the record, if he or she wishes,
and an opportunity to challenge it); (b) to enumerated
public officials (like the Comptroller General of the
United States); (c) “in connection with a student’s
application for, or receipt of, financial aid”; (d) state and
local officials to whom state law in effect on November
19, 1974, required information to be reported; (e)
organizations like ETS and CED in connection with
“developing, validating, or administering predictive tests,
administering student aid programs, and improving
instruction,” but such organizations in order to carry out
their accrediting functions; (f) parents of a student who
is dependent for income tax purposes; (g) “appropriate
persons” in the case of health and safety emergencies.
Health Insurance Portability and Accountability Act of
1996 (HIPPA)
For the purposes of compliance with the Health Insurance
Portability and Accountability Act of 1996 (HIPAA), the
University seeks to protect the confidentiality of individually
identifiable health information that is in its possession. Such
health information, which is protected from unauthorized
disclosure by University policies and by state and federal law,
is referred to as “protected health information,” or “PHI.”
PHI is defined as any individually identifiable health
information regarding, a student’s, or a patient’s medical/
dental history; mental or physical condition; or medical
treatment. The disclosure of such information shall be in
accordance with the practices that are described in the
University’s Notice of Privacy Practices found at http://www.
valdosta.edu/legal/hipaa/pocsa.htm.
Reviewed SUMMER 2009