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FGCU Student Guidebook

FGCU Student Guidebook

Student Education Records Policy

 
 

The Family Educational Rights and Privacy Act of 1974 (FERPA) provides students with important rights and privileges relating to their education records maintained by Florida Gulf Coast University (FGCU).  For complete information refer to the university catalog or FERPA site:  http://www.fgcu.edu/registration/ferpa.html which offers a general overview of FERPA.

 

Student Rights under FERPA

 

In accordance with FERPA, FGCU shall afford each student the following rights with respect to his or her education records:

 

  • The right to inspect and review his or her education records within forty-five (45) days of a request to do so;
  • The right to request an amendment of the student’s education records to ensure that the records are not inaccurate, misleading or otherwise in violation of the student’s privacy or other rights;
  • The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent;
  • The right to file a complaint alleging a violation of FERPA with the Family Policy Compliance Office of the United States Department of Education; and
  • The right to obtain a copy of FGCU’s student records policy.

 

Annual Notice to Students of FERPA Rights

 

The Registrar shall annually inform students of the above-mentioned student rights under FERPA by publishing a notice in the FGCU Catalog and in other appropriate locations.  The annual notice also shall prescribe the procedures whereby a student may make a formal request for non-disclosure of directory information, exercise the right to inspect and review education records, request an amendment of education records and obtain a copy of the University’s education records policy. 

 

In accordance with FERPA, FGCU shall afford each student the following rights with respect to his or her education records:

 

            • The right to obtain a copy of FGCU’s student records policy.

 

Disclosure of Public or Directory Information

 

Notwithstanding the above, the University may, at its discretion, disclose certain classes of education records without a student’s consent.  This public information is referred to as "directory information" and is of a nature that disclosure would not result in harm or an invasion of privacy.  The University designates the following classes of education records as "directory information":

 

            • Student full name

            • Telephone listings

            • Major/field of study

            • Enrollment status

            • Class status

            • Dates of attendance

            • Degrees received and dates of conferral

            • Honors and awards received

            • Most recent educational institution attended prior to FGCU

            • Participation in officially recognized activities and sports

            • Participation in intramural events

            • Weight and height for athletic team members

            • University email address

 

Additional Disclosures Not Requiring a Student’s Consent

 

In addition to permitting disclosures of directory information as described above, FERPA allows the University to disclose education records without the student’s prior written consent in the following circumstances:

 

  1. To University officials with a legitimate educational interest in accessing the information;
  2. To another educational institution where the student seeks or intends to enroll;
  3. To authorized representatives of the Attorney General of the United States, the Comptroller General of the United States, the Secretary of Education of the United States, or state and local education officials who require the information to audit or enforce legal conditions related to programs at the University that are supported by federal or state funds;
  4. To persons or organizations providing financial aid to a student or to which a student has applied for financial aid, if the purpose is to determine eligibility, amount or conditions of aid, or to enforce the terms of the aid;
  5. To state or local officials in compliance with state laws adopted prior to November 19,1974;
  6. To an individual or organization conducting a study (collectively “consultants”) to develop, validate or administer tests, student aid programs, or improve instructions for, or on behalf of, the University or other lawfully authorized education officials of the State of Florida;
  7. To accrediting organizations to carry out accrediting functions;
  8. To parents of a dependent student as defined by the Internal Revenue Code. The University will exercise this option only upon submission and verification of evidence proving such dependency; 
  9. To comply with a lawfully issued subpoena or order of a count of competent jurisdiction;
  10. To inform the victim of a violent crime committed by a student of the disciplinary outcome under the FGCU Student Code of Conduct; and 
  11. To appropriate medical or government authorities in a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or others.

 

Student’s Request for Nondisclosure of Directory Information

 

A student may elect to block the disclosure of his or her "directory information." To do so, the student must make a formal written request of the Registrar. The student’s request remains valid throughout the student’s academic career with the University, unless subsequently revoked in writing by the student. 

 

Upon receiving a request for non-disclosure of directory information, the University will not release any directory information about the student without the student’s prior written consent, except to the extent otherwise authorized or required by FERPA or other laws. 

 

Copies of Education Records

 

The University shall provide a student with copies of his or her education records.  Applicable fees may be required prior to release.  However, the University reserves the right to deny a student copies of transcripts or other education records where the student has an unpaid financial obligation to the University, where there is an unresolved disciplinary action against the student, or where the education record requested is an exam or set of standardized test questions.

 

Right of the University to Deny Access to Education Records

 

The University reserves the right to deny a student access to the following education records:

  1. The financial statements of the student’s parents;

 

  1. Letters and statements of recommendation for which the student has waived in writing his or her right of access; or

 

  1. Other records that are excluded from the FERPA definition of education records and are not public records under Florida’s Public Records Law, Chapter 119, Florida Statutes.

           

Education Records Relating to Multiple Students

 

When an education record contains information about more than one student, a student may inspect and review only the records or portions of the records that relate to the student.  Prior to disclosure, the portions of records containing personally identifiable information relating to other students must be redacted.

 

Additional FERPA Information

 

General information and links regarding FERPA are available from the website of the Family Compliance Office of the United States Department of Education at http://www.ed.gov/policy/gen/guid/ fpco/index.html.

 

Questions regarding FERPA or FGCU’s Education Records policy should be directed to the Office of the Registrar and can be located in the following: http://enrollment.fgcu.edu/registration/ferpa.html.