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University Policies

Understanding FERPA

In reducing the language of the Family Educational Rights and Privacy Act (known as FERPA or the Buckley Amendment) to simple terms, the law provides that, with certain explicit exceptions, students have the right to determine who will see their education records (confidentiality) and students have the right to see their education records (accessibility). FERPA applies to the education records of persons who are or have been enrolled for classes at UW Oshkosh, including students in cooperative and correspondence study programs. FERPA does not apply to records of applicants for admission who are denied acceptance or, if accepted, do not attend. Furthermore, rights are not given by FERPA to students enrolled in one component of UW Oshkosh who seek to be admitted in another component (e.g., a student enrolled in an undergraduate degree program, but is denied admission to a graduate program, does not have any FERPA rights in the graduate program which denied him/her admission).

Confidentiality

FERPA generally prohibits the release of confidential personally identifiable student data from education records, with limited exceptions including "directory information," without the student's written authorization (except as cited in D. below). Such written authorization must:
- Specify the records to be released;
- Identify the party or class of parties to whom the disclosure may be made; and
- Be signed and dated by the student.
  Confidential student education record data that must not be released includes, but is not limited to, the social security number/ID number; courses taken or in which the student is currently enrolled; the class schedule including course numbers, titles, and meeting times & places; academic transcript information - grades, grade point average data, etc. Parents have no inherent rights to inspect or receive information about their children's education records, and UW Oshkosh shall not disclose such information without the written consent of the students.
The only education record information, which may be released without the written consent of the student, is "directory information." Any student who wishes that his/her directory information be restricted and not released to the public must so request in writing on the appropriate form in the Office of Student Affairs, Dempsey 148. If a student desires that his/her directory information not be printed in the student directory, the request must be received by the Office of Student Affairs no later than Friday of the second week of classes of the fall semester. UW Oshkosh determines the following to be student "directory information" which is available to the public:
- Names, addresses (i.e., home, local, e-mail), telephone numbers (i.e., home, local);
- Birthdate;
- Classification (e.g., freshman, sophomore, graduate student);
- Intended major field of study;
- Dates of attendance, including whether currently enrolled;
- Full-time/part-time status;
- Degree(s) and/or awards received, including dates/anticipated dates;
- Participation in officially recognized activities and sports;
- Weight and height of members of athletic teams; and
- Most recent previous educational agency or institution attended.
Personally identifiable educational record information may be disclosed to UW Oshkosh officials who are determined to have a legitimate educational right to know and need to know (i.e., the information is necessary to fulfill the official's professional responsibility to UW Oshkosh).
Information otherwise requiring the student's consent for release may be disclosed without prior consent in the following instances:
- If properly subpoenaed by a pursuant to a judicial, legislative, or administrative proceeding, UW Oshkosh will make a reasonable attempt to notify the student of the subpoena, in cases where FERPA applies, prior to the release of the information;
- In connection with the student's application or receipt of financial aid;
- In connection with audits or evaluation of federal or state supported educational programs requiring disclosure of information;
- To effect collection of past due financial obligations to the University;
- To attorneys representing the University when the data on the student is deemed necessary for the defense of the University in a suit filed by the student.
In unusual circumstances, UW Oshkosh will forward a copy of a student's educational record(s) to an agency or institution that requested the record(s) and in which the student seeks to enroll.

Accessibility

The student will have access to educational records, files, documents, and other materials directly related to him/her which are maintained by the University or any of its agents and to which FERPA applies.

A student may request access to his/her educational records by submitting a written request listing the documents to be reviewed. The letter should be sent to the Office of Student Affairs, Dempsey 148. UW Oshkosh has 45 days to comply with the request. The letter requesting access will be placed in the students educational file. The student will not have access to certain types of information excluded by FERPA, including:

The private notes and other materials created by individual University personnel as memory aids, provided they are not revealed to another person;
Employment records;
Medical, psychiatric, and similar records used solely for treatment purposes and available only to recognized professionals in connection with such treatment, although the student would be able to have such records inspected by a doctor or appropriate professional of their choice;
Parents' financial records used for financial aid purposes;
Confidential letters and statements of recommendation placed in the student's record prior to January 1, 1975; and
Confidential recommendations to which the student has given prior written waiver of access and which are used for job placement, admission, or award purposes.

A student has the right to request a hearing to challenge any information in the education record file that is believed to be inaccurate, misleading, or inappropriate. This right does not extend to reviewing grades unless the grade assigned by the instructor was recorded inaccurately. In the process of challenging the educational record, the student may wish to have copies of any documents in the file; a reasonable fee may be assessed. This charge does not apply to copies of the official academic transcript; there is a $5.00 charge for each official transcript. A request for a copy of a document in an education record will be denied if the student has a hold/stop on his/her records, or if the document is a transcript of an original or source document which exists elsewhere.

The student who wishes to challenge information in the educational record must make a written request for a hearing with the Assistant Vice Chancellor for Student Affairs. The University must act upon the student’s request within 45 days from the date of its submission.

A hearing panel will review the student's request to challenge information in the educational record. The panel will consist of one person from each of the following: the Office of Student Affairs, the University office responsible for maintaining the educational record which is being challenged, and an office selected by the student who is challenging the information. If the challenge request is not granted, the student will receive written notification of the reasons and a copy of the notice will be placed in the educational record file. The decision of the hearing panel will be final unless there is a significant question of policy or compliance with the law.

If UW Oshkosh decides as a result of the hearing not to amend the education record in accordance with the student's request, the student may place a statement in the record commenting upon the information therein, and/or setting forth any reason for disagreement with the institutional decision not to correct or amend the record. Such a statement will become part of the education record and will be disclosed with it.

The student has a right to file a complaint with the U.S. Department of Education concerning alleged failures by UW Oshkosh to comply with the Family Educational Rights and Privacy Act.