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The Family Educational Rights and Privacy Act of 1974 provides that, with certain explicit exceptions, students have the right to determine who will see their records (confidentiality) and students have the right to see their records (accessibility).
I. Confidentiality
- The only information that may be released to extra-institutional sources without the written permission of the individual student is “directory information” except as cited in 1.C., below. This is defined by the Act as “name, 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.” Any student not desiring this information to be made public must so request in writing through the Office of Student Affairs, Dempsey 148, using the appropriate form. If it is desired that such 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.*
- Information regarding students is to be shared within the University on the basis of “need to know,” i.e., no one should request information, or provide it to another, unless the recipient has, by virtue of functional responsibility, a requirement for that information.
- Information otherwise requiring the student’s consent for release may be released without prior consent in the following instances:
- If properly subpoenaed pursuant to a judicial, legislative or administrative proceeding, provided the student is notified of the order in advance of compliance.
- In connection with the student’s application for, or receipt of, financial aid.
- In connection with audits or evaluations of federal or state supported educational programs requiring such 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.
II. Accessibility
- Students will have access to records, files, documents and other materials directly related to them that are maintained by the University or any of its agents. 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 only records to which a student may not have access are:
- 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 or similar records used solely for treatment purposes and available only to recognized professionals in connection with such treatment, although students would be able to have such records inspected by a doctor or appropriate professional of their choice;
- Financial records of their parents used for financial aid purposes;
- Confidential letters and statements of recommendation placed in their records prior to 1 January 1975; and,
- Confidential recommendations to which the student has given prior written waiver of access and which are used for job placement, admissions or award purposes.
- Students must be notified of the names of all persons making confidential recommendations if they waive their right to access.
- Students have the right to request a hearing to seek deletion or modification of information contained in their records, with the exception of grades given in individual courses.
- The Hearing Panel will consist of five (5) persons selected at random from among a list of persons representing the following offices: Health Center, Counseling Center, Financial Aid, Career Services, Registrar and Records, Institutional Research, Information Technology, and Academic Advisement, except that one or more offices may be deleted from the list should their records be those being challenged. The student shall have the option of substituting two (2) students appointed by the Oshkosh Student Association for two (2) of the staff personnel.
- The decision of the Hearing Panel shall be in the form of written recommendation to the Chancellor. Copies of the recommendation will be provided to the student and the office or agency.
Questions regarding FERPA should be addressed to the Office of Student Affairs, Dempsey 148, or by calling Jean Kwaterski at 424-4000.
*Student may also complete a Release of Information form in the Office of Student Affairs. This form grants the university permission to release information to specified third parties (e.g. parents, guardians, loan companies). |