President's Directive No. 17
I. Directive
The Family Educational Rights and Privacy Act (“FERPA”) and California State University Executive Order 796 (“EO 796”) afford students the right to inspect and review their education records; request amendment of an education record believed to be in error or misleading; limit disclosure of personally identifiable information contained in an education record; and file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with FERPA. Should a conflict arise between FERPA or EO 796 and this directive, FERPA or EO 796 will take precedent.
II. Authority
The Family Educational Rights and Privacy Act, 120 U.S.C. 1232g, 34 CFR 99, and CSU Executive Order 796.
III. Scope
This directive applies to the records of any student who is attending or has attended the University. They do not apply to records of applicants for admission who are denied acceptance or, if accepted, do not attend the University.
IV. Definitions
A. Directory Information. A student’s name, date and place of birth, permanent and local address, University-recognized e-mail address(es),Titan Card number, telephone number, class level, enrollment status, major, minor, dates of attendance, degrees and awards received, previous educational institutions attended, past and present participation in recognized activities, and photographs. Directory information also includes weight and height if student is an athletic team member.
B. Legitimate Educational Interest. A school official has a “legitimate educational interest” if the official must review an education record to fulfill their professional responsibility. The University faculty or staff member responsible for maintaining the record requested is responsible for determining whether a school official has a legitimate educational interest.
C. School Official. A University or CSU system employee or volunteer in an administrative, academic, research or staff position, including law enforcement unit personnel and health staff; an individual or entity with whom the University has contracted to act for the institution or to provide services the institution would otherwise perform for itself, such as an attorney, auditor, or collection agent; an individual, including a student, serving on a CSU System or University committee, such as a disciplinary or grievance committee, or assisting another school official in performing their professional responsibility.
V. Implementation
A. In addition to school officials with a legitimate educational interest, the University will disclose Directory information based on the release category selected by a student. Students may choose to limit the release of their Directory information in one of the following ways:
- Permit release of all Directory information. Unless restricted by a student, the University may release a student’s Directory information at any time to any requesting party, including the military and for the development of University-affiliated marketing programs.
For Graduate Assistants, Teaching Associates and Instructional Student Assistants, the University also designates as Directory information the department where employed and Unit 11 employment status as a Graduate Assistant, Teaching Associate or Instructional Student Assistant. After review by the Chancellor's Office, the University will release department and employee status only to the exclusive representative of Unit 11.
- Permit release only "Verification" information. This sub-category of Directory information consists of a student's name, class level, enrollment status, major, minor, degrees and awards received, dates of attendance and University-recognized e-mail address(es) and Titan Card number. The University will release this information for classroom use; in response to requests, including but not limited to those from campus auxiliaries, financial lenders, employers, the military or insurance companies for verification of degree and enrollment information; and for inclusion in Commencement and honors materials. Students who release only "Verification" information will be excluded from all University directories, printed or electronic, that the University may produce or publish.
For Graduate Assistants, Teaching Associates and Instructional Student Assistants, the University also designates as Directory information the department where employed and Unit 11 employment status as a Graduate Assistant, Teaching Associate or Instructional Student Assistant. After review by the Chancellor's Office, the University will release department and employee status only to the exclusive representative of Unit 11.
- Permit release only "Class" information. This sub-category of Directory information consists of a student's name, major, minor, degree and awards received, and University-recognized e-mail address(es). The University will release this information only for classroom use and for inclusion in Commencement and honors materials. Students who release only "Class" information will be excluded from all University directories that the University may produce or publish, and the University will not respond to requests, including those from financial lenders, employers or insurance companies, for verification of degree and enrollment information. The University will not release this information to the military or for the development of University affiliated marketing programs.
If a Graduate Assistant, Teaching Associate or Instructional Assistant selects this option, the University will not respond to requests for department and employment status.
- Withhold release of all Directory information. Withholding the release of all Directory information means that the student will be excluded from all University directories and publications that the University may produce or publish, including Commencement and honors materials, and the University will not verify degree, dates of attendance or enrollment information without the prior written consent of the student.
If a Graduate Assistant, Teaching Associate or Instructional Assistant selects this option, the University will not respond to requests for department and employment status without your prior written consent.
B. Students wishing to review their education records must make a written request to the Vice President for Student Affairs. Records that may be released will be made available within fifteen working days of the request.
C. The University notifies its students of their FERPA rights in its course catalog and class schedule.
D. Students who believe their rights have been abridged may make a request in writing seeking assistance from the Vice President for Student Affairs, Langsdorf Hall 805, or The Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave., S.W., Washington, D.C., 20202-4605.
VI. Accountability
The University will review bi-annually its information practices concerning student records to assess its compliance with FERPA, CSU Executive Order 796 and this directive. The Vice President for Student Affairs is responsible for ensuring the completion of these reviews.
Individuals who violate this directive are subject to appropriate disciplinary action pursuant to the applicable collective bargaining agreement and/or administrative policies or procedures.
Contact Person: The contact for questions concerning this Directive is the Vice President
for Student Affairs.
Reviewed & Approved By President Milton A. Gordon
Date: August 27, 2008
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