Privacy and Release of Student Education Records (FERPA)

Policy Statement

Adelphi University is committed to protecting the privacy of student education records and to providing the appropriate notification to students of their rights granted by law.

Reason for Policy

To comply with the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, which establishes requirements designed to protect the privacy of student education records and to ensure that students are notified of their rights regarding the inspection and release of student education records.

Who Is Governed by this Policy

Students, staff, faculty, contractual agents of the University, parents of dependent students, individuals requesting information.

Policy

In compliance with the requirements of FERPA, the University provides eligible students with an annual notice of their rights with respect to their education records:

1. Students have the right to inspect and review their education records, except financial records of their parents/guardians; records connected with an application to attend the University if that application were denied; confidential letters of recommendation for admission, employment, awards, or recognition, for which the students have waived their right to access; or those records which are excluded from the FERPA definition of education records.
2. Students have the right to request amendment of a record if they believe it to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. FERPA does not apply to the right to challenge grades, unless the grade assigned was incorrectly recorded.
3. Students have the right to consent before the release of any personally identifiable information, except in the following circumstances where FERPA permits disclosure without consent:
   • To school officials with legitimate educational interest;
   • To other schools to which a student is transferring;
   • To specified officials for audit or evaluation purposes;
   • In connection with financial aid to a student;
   • To organizations conducting certain studies for or on behalf of the school;
   • To accrediting organizations;
   • In compliance with a judicial order or lawfully issued subpoena;
   • To appropriate parties in cases of health and safety emergencies;
   • To parents of a dependent student as defined in Section 152 of the Internal Revenue Code of 1954;
   • To parents of students under the age of 21 regarding violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or controlled substance;
   • To the victim of any alleged perpetrator of a crime of violence or non-forcible sex offense concerning the final results of a disciplinary hearing with respect to the alleged crime;
   • Regarding the final results of a disciplinary proceeding related to a crime of violence or non-forcible sex offense if the student is found to have violated the school’s rules or policies; and
   • When the information being disclosed is considered Directory Information, unless the student has followed the official procedure to notify the University in writing to withhold the release of Directory Information.
4. Students have the right to file a complaint with the U.S. Department of Education concerning an alleged failure by the University to comply with the requirements of FERPA by contacting the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington DC, 20202.

Definitions

Eligible Student: A student who is 18 years of age or older or who attends a postsecondary institution.

Education Records: Any record with information directly related to a student that is maintained by the University, with the exception of notes kept in the sole possession of the maker and are not routinely accessible to any other person and records created and maintained by the Office of Public Safety.

School Officials: Faculty and staff, including student employees and contractual agents as authorized by the University Registrar. Legitimate Educational Interest – The performance of a task related to the regular duties of the school official, the student’s education, the discipline of a student, a service or benefit for the student, or maintaining safety and security of the campus.

Directory Information: Student name, address, telephone number, email address, photo, class level, enrollment status, major, dates of attendance, date and place of birth, participation in officially recognized sports, height and weight of athletes, degrees awarded, honors and awards received, and most recent educational agency or institution attended.

Custodian: The individual or unit that is responsible for the maintenance of any education records. Custodians at the University include the Office of Admissions for admissions records, Student Account Services for financial records, Student Financial Services for financial aid records, the Office of Academic Services and Retention for advising records, the Center for Career and Professional Development for credential files, the Office of Student Conduct and Community Standards for conduct records, and the University Registrar for all academic records.

Procedures

The University’s FERPA statement appears on the website of the Office of the University Registrar. A link to this page appears in the Guide to Student Life, published annually by the Division of Student Affairs.

A brief description of FERPA, along with the URL for the University’s FERPA statement, is included in the Important Notice for Students flyer that is printed and mailed to all students, and serves to fulfill the statutory requirement as the University’s annual notification to students of their rights under FERPA.

To provide all new school officials with an understanding of FERPA, the University Registrar provides Human Resources with an informational brochure, as well as a presentation for the onboarding of new employees. All new school officials must sign an agreement regarding the handling of confidential data.

Students who wish to grant their parents or guardians access to their education records may do so using appropriate forms provided by the respective custodians.

Students who wish to request to withhold the disclosure of directory information may do so by following the process established by, and completing the forms provided by, the Office of the University Registrar.

Forms

• FERPA: What You Need to Know – published by the Office of the University Registrar and provided to Human Resources as information for new school officials.
• Important Notice for Students – published by Student Affairs and mailed to the home address of every student annually.
• Access to University Records – published by the Office of the University Registrar and provided to Human Resources as the agreement to be signed by new school officials.
• Student Consent to Disclose Academic Records – published by the Office of the University Registrar and completed by students who wish to grant their parents or guardians access to their education records.
• Consent Form for Disclosure to Parents, Sponsors, and Recruiters – published by Adelphi International for AUI students who wish to grant access to their education records to their parents, guardians, sponsors, or recruiters.
• FERPA Authorization – published by Student Financial Services for students who wish to authorize discussion of their account with a third party.
• Request to Withhold Directory Information – published by the Office of the University Registrar for students who wish to prevent the University from releasing directory information without their written consent.

Related Information

• Text of the Family Educational Rights and Privacy Act in the Code of Federal Regulations
• FERPA Guidance from the United States Department of Education
• Adelphi FERPA Statement

Document History

• Last Reviewed Date: January 03, 2023
• Last Revised Date: January 11, 2019
• Policy Origination Date: August 31, 2017

Who Approved This Policy

Christopher Storm Jr., Provost and Executive Vice President