Family Education Rights and Privacy Act (FERPA)

As a student at the University of Colorado Anschutz Medical Campus (CU Anschutz), you have certain rights concerning your education records under the Family Educational Rights and Privacy Act (FERPA). These rights include:

1. The right to inspect and review the student's education records within 45 days of the day that the university receives a request for access. Students should submit to the registrar, dean, head of the academic department or other appropriate official, written requests that identify the record(s) they wish to inspect. The university official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the university official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
2. The right to request the amendment of the student's education records that the student believes are inaccurate or misleading. Students may ask the university to amend a record that they believe is inaccurate or misleading. They should write the university official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. 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 the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
3. The right to consent to disclosure of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the university in an administrative, supervisory, academic or research or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the university has contracted (such as an attorney, auditor or collection agent); a person serving on the Board of Regents; or a student serving on an official committee, or assisting another school official in interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the university discloses education records without consent to officials of another school, in which a student seeks or intends to enroll.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University of Colorado Denver to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5920

FERPA generally requires the University to obtain your consent prior to disclosing your education records or personally identifiable information contained in your records. One exception, which permits disclosure without your consent, is information about you that the University has designated as “directory information.” The following items are designated "directory information" and may be released at the discretion of the University of Colorado unless a student files a request to prevent their disclosure: 

• name
• address, telephone number, and e-mail address
• dates of attendance
• registration status
• class (i.e. freshman, sophomore, junior, senior)
• major
• awards
• honors
• degrees conferred
• photos

Although these items are designated by CU Anschutz as directory information, only a limited amount of this information is routinely disclosed by CU Anschutz officials and the University retains the discretion to refuse to disclose directory information if it believes such disclosure would be an infringement of your privacy rights.

Forms to prevent disclosure of directory information can be obtained at the Registrar's Office in Education II North, or visit the Registrar’s website. Questions regarding your rights under FERPA should be directed to the Registrar's Office:

CU Anschutz Medical Campus
Campus Box A054
Phone: 303-724-8000
Fax: 303.724.8060
Email: Registrar@cuanschutz.edu

FERPA directory information is information contained in a student’s education record that generally would not be considered harmful or an invasion of privacy if disclosed. Under current CU Anschutz policy, the following information is designated as directory information:

Student name. If provided, a preferred name will be used when there is not a documented business or legal reason to provide a student’s primary name. Students may also select a diploma name for graduation and commencement materials.

• Hometown (city, state)
• Campus email address*
• Dates of attendance
• Previous educational institutions attended
• School/college or division of enrollment
• Majors, minors and field of study
• Classification level (e.g., freshman, sophomore, graduate student)
• University-recognized honors and awards
• Degree status (e.g. expected graduation date and/or conferral dates/terms)
• Enrollment status
• Employment related to student status (e.g. teaching assistant, resident assistant or work-study) and dates for positions held
• Participation in officially recognized activities/sports, including height and weight of athletes
• Photos and videos taken or maintained by the university

*Campus email addresses are only disclosed to requestors who agree not to use them for solicitation.

Although these items are designated by CU Anschutz as directory information, only a limited amount of this information is routinely disclosed by CU Anschutz university officials. The university retains the discretion to refuse disclosure of directory information if it believes such disclosure would be an infringement on student privacy rights.

Students may ask the University not to publicly disclose directory information. Be aware, however, if you are seeking employment, the Registrar's Office cannot release your enrollment, degree status or major to anyone unless you come to the Registrar's Office with a photo ID.

Forms to prevent disclosure of directory information can be obtained at the

Registrar's Office in Education II North, or visit the Registrar’s website. Questions regarding your rights under FERPA should be directed to the Registrar's Office:

 

CU Anschutz Medical Campus
Campus Box A054
Phone: 303-724-8000
Fax: 303.724.8060
Email: Registrar@cuanschutz.edu

 

Provisions of the Family Educational Rights and Privacy Act of 1974, as amended by the Higher Education Amendments of 1998, govern access to a student's disciplinary file. The student and/or those university officials who demonstrate a legitimate educational need for disciplinary information may have access to the student's disciplinary file.

The Campus Security Act permits higher education institutions to disclose to alleged victims of any crime of violence (murder, robbery, aggravated assault, burglary, motor vehicle theft) the results of the conduct proceedings conducted by the institution against an alleged perpetrator with respect to such crime. The Campus Security Act also requires that both accused and the accuser be informed of campus conduct proceedings involving a sexual assault.

Additionally, the Higher Education Amendments of 1998 permit disclosure of the final results of disciplinary cases in which a student has been found responsible for a violation involving violence or for a sex offense.

Brief Description:  Establishes procedures for making and responding to requests for access to and amendment of education records, consistent with the Family Educational Rights and Privacy Act of 1974 (FERPA).

Making and Responding to Requests for Access to Education Record

Access Request and Review Procedure

• A student should submit a request to review his or her education records in writing to the registrar, dean, chairperson of an academic department, or other official who maintains the records he or she wishes to inspect.  The request should identify, to the extent possible, the specific records the student desires to review by type, topic, date or other criteria.

The university official who has custody of the records will assemble the requested records and review them to determine whether they are eligible for access.

• If an education record includes information about more than one student, the student may review only his or her own information in that record.  In this situation, the record custodian must redact the record before allowing the student to review it.
• Any questions about whether a record is eligible for review or how to properly redact an education record should be addressed with the Office of the Registrar.
• Before denying a student access to an education record, record custodians must consult with the Registrar, and should document in writing the reason for the denial.
• The record custodian must respond to a request for access to education records within a reasonable period of time, but in no case more than forty-five (45) days after the request has been submitted to the appropriate custodian.  If the records are not maintained by the record custodian to whom the request was submitted, the custodian should assist the student in identifying the custodian to whom the request should be addressed.  For information about where certain student education records may be located, consult the Office of the Registrar:
  

CU Anschutz Medical Campus
Campus Box A054
Phone: 303-724-8000
Fax: 303.724.8060
Email: Registrar@cuanschutz.edu

• The record custodian will make arrangements for access and notify the student of the time and place where the records may be inspected. 
• If not personally known to the record custodian, the record custodian must verify the student’s identity by inspection of photo identification or other appropriate documentation.
  

Making and Responding to Requests for Amendment of Education Records

Procedure for Amendment of Education Records

• If a student believes information contained in his or her record(s) is inaccurate, misleading or violates privacy rights, a student may ask the university to amend the record(s).  If the problem stems from a clerical or other error in processing, the student should contact the record custodian and follow the established process to effect the necessary corrections.  Similarly, a student should pursue the grievance and/or appeal process if he or she has a concern about the appropriateness of a grade awarded or other academic determination. This procedure does not apply to students who desire to challenge a grade. Students who wish to challenge a grade should follow the academic grievance policy in their school or college. If the desired correction of processing errors is not accomplished through normal channels, or the requested amendment is not to correct processing errors or address substantive academic decisions, the student should follow the following procedure:
• The record custodian will review the amendment request and any related documentation submitted by the student.  The record custodian may request additional information from the student if deemed necessary to make a determination.
• Within a reasonable time after receipt of the written request, the record custodian will decide whether to amend the record as requested.
• If the record custodian grants the student's request, the custodian shall amend the education record and inform the student in writing of the action taken.
• If the record custodian denies the student's request, the custodian shall inform the student in writing of the decision and of his or her right to a hearing on the matter. Additional information about the hearing procedures will be provided to the student when notified of the right to a hearing.

 

Right to Hearing and Related Procedures

• Within ninety (90) days of the date of the denial of his or her request by the record custodian, a student may request a hearing.
• The Registrar may serve as the hearing officer, or may appoint another individual to serve as hearing officer.  The appointed hearing officer shall not have a direct interest in the outcome of the hearing.  The hearing officer shall not review any matter regarding the appropriateness of official grades or other such academic determinations.
• The hearing shall be conducted according to the following procedures:
  • The hearing officer shall give notice to all concerned parties of the date, place and time of a hearing reasonably in advance.  The hearing should be scheduled within a reasonable period of time following receipt of the petition.
  • The hearing officer shall give the student an opportunity to present evidence relevant to the contested part of the education record.  The student may have a representative present at the hearing, but that person cannot participate in the hearing.
  • The hearing officer may receive any evidence and testimony, orally or in writing, relevant to the student’s challenge to the record content.  The hearing officer shall not be bound by the rules of evidence applicable in courts of law, but may permit the introduction and receipt of evidence he or she determines is relevant.
  • Within a reasonable period of time, the hearing officer shall issue a written decision based solely upon the evidence presented at the hearing.  A copy of the decision, which must include a summary of the pertinent evidence, shall be provided to the student, to the record custodian, and to the Registrar.  The decision of the hearing officer shall be the university’s final decision.
  • If the Registrar acting as hearing officer or an individual appointed by the Registrar to act as hearing officer determines that the information is inaccurate, misleading or otherwise in violation of the student’s privacy rights, the Registrar should require the record custodian to make necessary amendments. The record custodian shall inform the student in writing when the amendment has been made.
  • If the hearing officer determines that the information is not inaccurate, misleading or otherwise in violation of the student’s privacy rights, he or she shall inform the student in writing of the right to place a statement in the record commenting on the contested information in the record and/or stating why he or she disagrees with the decision. 
  • The university must maintain the statement with the contested part of the record for as long as the record is maintained, and must disclose the statement whenever it discloses the portion of the record to which the statement relates.
    

Contacts 

• Questions about this procedure should be directed to Office of the Registrar:

CU Anschutz Medical Campus
Campus Box A054
Phone: 303-724-8000
Fax: 303.724.8060
Email: Registrar@cuanschutz.edu

At the post secondary level, parents have no inherent rights to inspect a student's education records. The right to inspect is limited solely to the student. Records may be released to the parents only under the following circumstances:

• Through the written consent of the student
• In compliance with a subpoena
• By submission of evidence that the parents declare the student as a dependent on their most recent Federal Income Tax form (IRS Code of 1954, Section 152).
• May disclose education records to a parent under the alcohol and controlled substance exception or in connection with a health and safety emergency under the circumstances set forth in § 99.36 (if the students is under 21 years of age).

The public posting of grades either by the student's name, institutional student identification number, or any portion of a social security number is a violation of FERPA, whether done via paper source or via electronic means (including the World Wide Web).

Instructors and others who post grades should use a system that ensures FERPA requirements are met. This can be done by using code words or randomly assigned numbers that only the instructor and individual students know.

FERPA's prohibition on disclosure of personally identifiable information from an education record of a student applies to any kind of non-directory information (e.g., performance in class, grades, attitude, motivation, abilities, background) conveyed in writing, in person, or over the telephone to third-parties.

Although such information is usually conveyed by faculty members at the informal request of the student and is usually positive, the better practice would be to request a written consent form, meeting the FERPA requirements, before providing the information.

Information about individuals should be retained according to state or University records retention schedule. Those responsible for academic information have an obligation to destroy information when conditions under which it was collected no longer prevail.

Any document containing personally identifiable information must be disposed of properly through some means of confidential disposal. If you need information on confidential disposal, you can contact the Office of the Registrar:

CU Anschutz Medical Campus
Campus Box A054
Phone: 303-724-8000
Fax: 303.724.8060
Email: Registrar@cuanschutz.edu