Faculty & Staff Services:
FERPA Guidelines

I. Purpose
These guidelines are to set forth procedures for implementing Winthrop University's policy on student rights as defined in the Family Educational Rights and Privacy Act of 1974 as Amended. The policy is contained in the undergraduate and graduate catalogs.

II. Students' Right to Access Their Education Records
All students have the right to review their education records.

   A. Definition of Student
   Any person who attends or has attended Winthrop University.

   B. Definition of Education Records
   Those records (in handwriting, print, tapes, film, or other medium) directly related to a student and
   maintained by the institution or by a party acting for the institution. These records do not include
   the following:

1. Personal records of instructional, supervisory, administrative, and certain educational personnel which are in the sole possession of the maker thereof, and are not accessible or revealed to any other individual except a substitute who performs on a temporary basis the duties of the individual who made the records.
2. Records maintained by our law enforcement office, the department of public safety, that were created by this office for the purpose of law enforcement.
3. Records relating to individuals who are employed by the institution, which are made and maintained in the normal course of business, relate exclusively to individuals in their capacity as employees, and are not available for use for any other purpose.
4. Records relating to a student which are...

   a)  created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional, acting in his/her professional capacity or assisting in a paraprofessional capacity;

   b)  used solely in connection with the provision of treatment to the student;

   c)  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 people determined by Winthrop University (Treatment in this context does not include remedial educational activities or activities which are part of the program of instruction.).

5. Alumni records which contain information about a student after he/she is no longer in attendance at the University and do not relate to the person as a student.

III. Annual Notification
Winthrop is required by Section 99.7 of the FERPA regulations to provide students annual notification of their FERPA rights. The following are our typical methods for notification of our policy:

• Students will be notified of their rights annually through the Schedule of Courses and Undergraduate Catalog.
• Students may be provided a copy of their FERPA rights and these guidelines upon request to the registrar.

IV. Procedure to Inspect Education Records
Students may inspect and review their education records upon written request to the registrar, dean, head of the academic department, or other appropriate official. The request must identify the
record(s) they wish to inspect. If the records are not maintained by the University official to whom the request is submitted, that official shall advise the student of the correct official to whom the request should be addressed. The University must provide access to the requested records within 45 days of receipt of the request.

V. Correction of Education Records
Students who believe their records are inaccurate, misleading, or in violation of their privacy rights may request the records be corrected. Following are the procedures for the correction of records:

1. A student must write the University official responsible for the record he/she believes is inaccurate or misleading, clearly identifying the part of the record he/she wants changed, and specifying why it is inaccurate or misleading.
   
   
2. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise him/her of the right to a hearing regarding the request for amendment.
   
   
3. Upon request by the student, Winthrop will arrange for a hearing, and notify the student, reasonably in advance, of the date, place, and time of the hearing.
   
   
4. The hearing will be conducted by a hearing officer who is a disinterested party and who may be an official of the university. The student shall be afforded a full and fair opportunity through an informal process to present information relevant to the issues raised in the original request to amend the student's educational records.
   
   
5. Winthrop will prepare a written decision based solely on the information presented at the hearing. The decision will include a summary of the information presented and the reasons for the decision.
   
   
6. If Winthrop decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, it will notify the student that he/she has a right to place in his/her records a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
   
   
7. The statement will be maintained as part of the student's education records as long as the contested portion is maintained in the record. If Winthrop discloses the contested portion of the record, it must also disclose the statement.
   
   
8. Should Winthrop decide that the information is inaccurate, misleading, or in violation of the student's right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.

VI. Right of the University to Refuse Access
Winthrop reserves the right to refuse to permit a student to inspect the following records:

   A. Financial statement of the student's parents.

   B. Letters and statements of recommendation for which the student has waived his or her right of        access, or which was placed in his/her file before January 1, 1975.

   C. Records connected with an application to attend Winthrop if that application was denied.

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

VII. Refusal to Provide Copies

   A. With an understanding that it cannot deny students access to their records, Winthrop is required        to describe the circumstances in which it may deny students a copy of their education records.

   B. Winthrop reserves the right to deny transcripts or copies of records not required to be made
       available by the FERPA in either of the following situations:

1. The student has an unpaid financial obligation to the University.
2. There is an unresolved disciplinary action against the student.

VIII. Disclosure of Education Records
Winthrop University will disclose information from a student's education records only with written consent, except:

   A. To school officials who have a legitimate educational interest in the records.

1. A school official is:

a)  A person employed by the University in an administrative, supervisory, academic or research, or support staff position.
b)  A person elected to the Board of Trustees.
c)  A person employed by or under contract to the University to perform a special task, such as an attorney or auditor.

2. A school official has a legitimate educational interest if the official is:

a)  Performing a task that is specified in his or her position description or by a contract agreement.
b)  Performing a task related to a student's education.
c)  Performing a task related to the discipline of a student.

   B. To officials of another school, upon request, in which astudent seeks or intends to enroll.

   C. To certain officials of the US Department of Education, the Comptroller General, and state and        local educational authorities, in connection with certain state or federally supported education     
       programs.

   D. 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.

   E. If required by a state law requiring disclosure that was adopted before November 19, 1974.

   F. To organizations conducting certain studies for or on behalf of the University.

   G. To accrediting organizations to carry out their functions.

   H. To parents of an eligible student who claim the student as a dependent for income tax purposes.

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

   J. To appropriate parties in a health or safety emergency.

   K. To an alleged victim of any crime of violence the results of any institutional disciplinary proceeding
       against the alleged perpetrator of that crime with respect to that crime.

IX. Record of Requests for Disclosure
Winthrop will maintain a record of all requests for and/or disclosure of information from a student's education records. The records will indicate the name of the party making the request, any additional party to whom it may be redisclosed, and the legitimate interest the party had in requesting or obtaining the information. The records may be reviewed by the parents (under appropriate circumstances) or the eligible student.

X. Directory Information

   A. Winthrop designates the following items as Directory Information:

1. student name
2. address
3. e-mail address
4. telephone number
5. date and place of birth
6. enrollment status (full- or part-time)
7. dates of attendance
8. date of graduation
9. major and minor fields of study
10. degrees and awards received
11. date of admission
12. whether or not currently enrolled
13. classification (freshman, etc.)
14. most recent previous educational institution attended
15. eligibility for honor societies
16. participation in officially recognized activities and sports
17. weight and height of members of athletic teams
18. photographic, video or electronic images of students taken and maintained by the university

   B. The University may disclose any of these items without prior written consent, unless the student
       has submitted a written request to the Registrar not to release any or all directory information
       pertaining to them. This notification must be received by the last day to register for the
       enrollment period concerned.

XI. Complaints
A student has a right to file a complaint with the US Department of Education concerning alleged failures by Winthrop University to comply with the requirements of FERPA. Complaints should be directed to: