Case Studies Educational Record covered by FERPA Student

Case Studies • Educational Record: covered by FERPA? • Student: does FERPA apply? • Access: signature required? copy required? Immediate? • Must vs May: do I have to? • School Official: provide service for us? • Need to Know: job related? • Dependent: release to parents? Without signature? • Directory Information: Is it listed in the annual notification? Hold in place? How would I know? • Institutional policy & procedures • Other Options: 1

1. Letter of Recommendation—Music applicant & student & parent Mrs. Parent, mother of 17 year old Sally, comes to the Admission Office in July quite upset. She demands a copy the letters of recommendation submitted in Sally’s admission folder. Her daughter, admitted to IOU for the upcoming fall semester, did not get the prestigious Provost’s Award, based upon gpa and recommendations, despite the fact that she was a 4. 0 student. The Admission Office checks the file and sees that the letter is in the file, yet the high school counselor who submitted the recommendation requested it remain confidential and not released (and that school is a large feeder to IOU). Sally did not sign the access waiver form – must have been an oversight. What a quandry. The Admission Office does not want to upset the counselor, or the mother, or Sally. Must they release? Can they release? To the mother? Can they shred the letter? 2

#1. 2: Same situation, but the date is September 15, one week after the start of the semester. #1. 3. Same situation, September 15, but Sally is making the request to see the letter and get a copy. #1. 4. Same as number 3, but the Admission Office sees Sally has signed a waiver. Again in all cases, must they release? Can they release? To the mother? Can they shred the letter? 3

2. Development Office Request The Development Office of IOU is desperate. The President has challenged them to raise an additional $3 Billion, a $2. 99 Billion increase over last year. Having already gathered all the aluminum cans from staff with little money to show for it, they expand their horizons. Acknowledging that parents have always being a good target, the Office subsequently requests a list from the Institutional Research Office of parent addresses of all students from zip codes determined to be mega rich communities. The IR Director, a recent attendee of a FERPA Training session you gave, comes to you very nervous, and asks whether or not she should give this information. Do you release? 4

3. Non-custodial parent An individual comes to your counter, claims to be the parent and requests a copy of his student’s last term grades. IOU has a policy of releasing information to parent’s of dependent students. Do you release? #3. 2. Same as above, yet the individual making the request, while the father, did not claim the student as a dependent (mom did). Do you release? #3. 3. Same as above, but IOU does not have a policy of releasing information to parents. Do you release? 5

5. FBI investigation Special Agent 99 comes to the Dean of Students office and states that the FBI is investigating a possible interstate book selling scam, and requests all disciplinary reports of 3 students in Residency Hall B. After seeing the badge and revolver the agent displayed, the Dean’s assistant gladly provided the information. Was this a problem? 6

6. Police investigation with Law enforcement agency After visiting the Dean’s Office Special Agent 99 goes to the Campus Public Safety Office, the designated law enforcement office of the campus. The agent asks to see copies of any parking violations on file for the 3 students. Campus Safety checks the files and sees multiple violations, and provides the agent copies of the reports. Was this a problem? #6. 2. Same as above, however before providing the copies the Public Safety Office sends copies of the report to the Dean of Students and asks whether or not they should release. Dean says absolutely, and places the copies in the student’s disciplinary file. Public Safety subsequently releases the information. Was this a problem? 7

7. Drinking violation After the holiday feast the parents of Student Z state wouldn’t it be a good time to check the web and see if her fall semester grades were posted. Although bolstered somewhat by the BMW she had just received from mom and dad, she still accessed the grades with significant trepidation. Her fears were justified despite the A in lacrosse; the remaining grades were 2 D’s, one F, and one incomplete. Mystified, the parents ask what happened. Wanting to get the beast off her back, Student Z admits that she partied too much, had been arrested with a DUI and found in violation of the Student Code of Conduct for underage drinking in the residence halls. The Parents immediately contacted the Director of Housing and demanded to know why they had not been informed of these events. The Housing Director stated that such information could not be released because of privacy laws without the student’s written approval. Your response? 8

8. Disciplinary release to transfer institution You have been contacted by the Admissions Director at Microsoft State –a sorority sister of yours -- who requests any pertinent information on a Ms. D Meaner, former IOU student applying for admission. D had a very dubious record at IOU, and actually was on disciplinary probation. Having shared information on a regular basis in the past and • not seeing this as a FERPA problem, You fax the disciplinary record to the Admission Office. “Foul!” D proclaims upon being denied admission, and files a complaint with the Compliance Office, stating that she did not sign a release to allow the sending of those records. Guilty? Not Guilty? Did you misinterpret FERPA? 9

9. GPA release to previous institution Your boss hands you a letter sent from IOU’s main feeder school, which states: “Please send us the names, email address, class level, academic major, and gpa of all of our students who have transferred to IOU. We are having a ‘Transfer Night’, and would like to recognize our former students and ask those who have done well to speak” “Let’s do this” Boss says. (She is also the Dean of Enrollment Services). “We have just signed a new articulation agreement and this is a great recruitment opportunity”. “Hmmm” you think to yourself. “Can we do this? ” Can they? 10

12. Asking instructor about bad grade “Did you give me a ‘D-‘ for history? ” the student asked the professor as they were waiting in line at the coffee shop during the lunch rush hour. The student’s girlfriend looked quite defiant as she observed. “Yes I did” responded the professor. Violation? 12. 2 “And furthermore, you are now on academic probation. Try harder next time” the professor added, as he paid for his Caffe Americano, and filed out with the crowd. Violation? 11

13. Directory hold—the online discussion (email address) Professor Online comes to you with a concern. He has been informed that a student in his online class has a directory hold. Yet a significant part of the requirements for the course, is online discussion and online group projects – demanding the listing of students email addresses. Indeed the description, outline, and syllabus made available prior to registration all state that email addresses of enrollees will be made available. What must they do? 12

15. Letter to sweetheart from study abroad student requesting pick up billing statement The young lady approaches the Bursar’s window and provides a letter, which stated (after a lengthy warm exchange of pleasantries to her) My dear, take the following request to IOU and pay my tuition please. Thanks and I’m having a great time”. The request stated: “Please provide my fiance’ the amount of my tuition bill so that she can make a payment to my account. I am currently on a holiday in Hawaii, and cannot be back by the deadline”. The letter was signed by the student. Response A: “No problem. He owes $_______” Response B: “We cannot release that information without a signed consent mailed or faxed directly to us. Our fax number is _____” Which is ok? 13

16. Verification of statements by student newspaper re: candidate for presidency The reporter from the student newspaper has asked you to confirm statements made by a candidate for student body president in last week’s edition. “I have a 3. 7 gpa, ranked in the top third of my class, and have paid all of my own educational expenses” were the quotes in the newspaper. Not true you discover having checked the academic and financial aid records after reading the previous edition. This is very irksome because the other candidate is the nephew of your Associate Registrar, and a fine upstanding young man. Knowing you can set the record straight, how do you respond to the reporter? 14

Case Study: Deja Vu: I’ve Seen This Paper Before!! “Please give this student an ‘F’ for the course”, the official correspondence from the Academic Integrity Committee stated. “He has admitted to plagiarizing his midterm paper. We have notified all of his other professors so that they can be aware of the infraction and can be on the look out for any possible additional violations. ” Suddenly feeling queasy and having no Bonine tablets available, you email John and wonder in writing, “Can this educational record information be shared with other faculty due to their having ‘legitimate educational interest’? ” 15