Policy Number: 129

Educational Records

Subject:

Disclosure and amendment of educational records

Scope:

Students and employees

Date Reviewed: August 2008

Responsible Office: Registrar; Office of Academic and Research Affairs

Responsible Executive: Registrar; Executive Vice President for Academic and Research Affairs

I.     POLICY AND GENERAL STATEMENT

Students have the following rights with respect to their educational records:

The Registrar will annually notify students of their rights and the procedures for exercising these rights.

II.     DEFINITIONS

Student: An individual who is or who has been in attendance at the university and regarding whom the university maintains educational records. It does not include persons who were admitted but did not attend the university. For the purposes of this policy, “attendance” includes attendance in person or by correspondence (including electronic correspondence) and the period during which a person is working under a work-study program.

Educational Records: Includes records directly related to a student maintained by the university. Educational records do not include:

Directory Information: Information in a student’s educational record not generally considered harmful or an invasion of privacy if disclosed. Directory information includes the following:

University Official with a Legitimate Educational Interest: A person employed by the university in an administrative, supervisory, academic or research, or support staff position; a person or company with whom the university has a contract or affiliation; a member of the Board of Regents; or, a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another university official performing his or her tasks in order to fulfill his or her professional responsibility.

III.     PROCEDURE

A. Disclosure of Educational Records

1. Disclosure Without Prior Consent of the Student

The university will not disclose personally identifiable information from a student’s educational records without prior written consent of the student, except as authorized by law. Appendix A describes those circumstances where the university may release information without the consent of the student.

Students may file an objection to the release of directory information with the Registrar. Requests to withhold directory information will be honored as a permanent request by the university unless notified otherwise.

2. Disclosure to the Student

The student has the right, on request to the appropriate university official, to review all materials in the student’s educational records, except:

3. Disclosure with Prior Consent of the Student

With the student’s prior consent, the university will release personally identifiable student information in educational records or allow access to those records. Such consent must be written, signed and dated, and must specify the records to be disclosed, the party to whom the records are to be disclosed, and the purpose of the disclosure.

4. Record of Disclosures

Each university department that maintains educational records will maintain with the student’s educational records, a record for each disclosure request and each disclosure, except disclosures:

B. Requests to Amend Records

A student who believes his or her educational records are inaccurate or misleading, or that the records violate his or her privacy rights, may informally discuss amendment of the educational record with the university office concerned with the record. If agreement is reached with respect to the student’s request, the appropriate records will be amended. The substantive judgment of a faculty member about a student’s work, expressed in grades and/or evaluations, is not included in this right to seek amendment of educational records. If the record is not amended pursuant to the student’s request, the student may submit his/her request to the Registrar. Following consideration by the Registrar, if the record is not amended, the Registrar will notify the student of the decision and refer the student to the hearing procedures for appealing this decision found below.

C. Hearing Procedures for Appeal of Denial of Student Requests to Amend Records

The student must send a written request for a hearing to the Executive Vice President for Academic and Research Affairs (“EVPARA”). A hearing will be held within 30 calendar days from the receipt of the request by the EVPARA. The EVPARA will give the student notice of the date, time, and place, reasonably in advance of the hearing.

The EVPARA will serve as the hearing officer. The decision of the hearing officer is final.

Both the student and the university official who maintains the relevant educational record may present evidence relevant to the issues raised. The student may, at his/her own expense, be assisted or represented by one or more individuals, including an attorney. If the student chooses to be represented by an attorney, the student must notify the EVPARA at least 5 working days prior to the scheduled date of the hearing. If the student is represented by an attorney, the university reserves the right to be represented by legal counsel during the hearing and throughout the hearing process.

Within 15 working days of the hearing, the EVPARA will provide the student with a written decision via certified mail at the student’s last known address. The decision will be based solely on the evidence presented at the hearing and will include a summary of the evidence and the reasons for the decision. The decision will be placed in the educational records by the appropriate university official and will be maintained as part of the student’s records.

If the decision is in favor of the student, the appropriate university official will amend the record accordingly and will inform the student in writing of the amendment.

If the decision is unsatisfactory to the student, the student may place with the educational records a statement commenting on the information in the records, or a statement setting forth any reasons for disagreeing with the decisions of the hearing officer, or both. The statement will be placed in the educational records by the appropriate university official, maintained as part of the student’s records, and released whenever the records in question are disclosed.

D. Complaints

Complaints regarding alleged violations of the rights accorded students by the Family Educational Rights and Privacy Act may be filed with the Family Policy and Regulations Office, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, D.C. 20202-5901.

E. Names

The student's full, legal name will be used on all permanent academic records. The full, legal name will initially be obtained via the application for admission. The student is responsible for notifying the Registrar's Office of any name change after admission.

IV.     CONTACTS

ContactTelephoneEmail/Web Address
Registrar 713-500-XXXX

registrar@uth.tmc.edu

https://www.uth.edu/registrar/

Office of Academic and Research Affairs 713-500-3062

http://www.uthouston.edu/evpara/personnel.htm

http://www.uthouston.edu/academics/