Annual Notification of Student Privacy (FERPA)

Section 99.7 of the Family Educational Rights and Privacy Act (FERPA) requires students be informed of their rights under the FERPA regulations. Student rights include the following:

The right to inspect and review their education records. (See Inspection and Review of Educational Records.)
The right to request the amendment of their education records to ensure that they are not inaccurate, misleading, or otherwise in violation of their privacy or other rights. (See Amendment of Educational Records.)
The right to consent to disclosures of personally identifiable information contained in their education records, except to the extent the Act and regulations in this part authorize disclosure without consent such as University officials with legitimate educational interest.
The right to file with the U.S. Department of Education a complaint under Sections 99.63 and 99.64 concerning alleged failures by the University to comply with the regulations of the Act. The office that administers FERPA is:
- Family Policy Compliance Office
  U.S. Department of Education
  400 Maryland Ave., SW
  Washington, D.C. 20202

The following has been identified as Directory Information and may be released without the student’s written consent:

Student name
Student address
Date of Birth
Place of Birth
Major field of study
Participation in recognized activities and sports
Height and weight of members of athletic teams
Photos of students
Current employer

Current employer location
Job title
Dates of attendance
Degree and awards received
Most recent previous school attended
Telephone Number
Email Address
Grade level
Enrollment Status

Note: Bellevue University reserves the right to exercise its discretion to limit disclosure of directory information “to specific parties, for specific purposes, or both.”

Under FERPA, a student may request that their directory information not be released. In doing so, directory information required for instances including, but not limited to, classroom administration and Internal Revenue Service remain exempt. Bellevue University does not assume any responsibility for contacting a student for ongoing permission to release directory information and does not assume liability for honoring a student’s request to restrict disclosure of directory information. Please contact the Registrar’s Office at [email protected] for more information on restricting directory information.

Note: Those with restricted directory information wanting to participate at the graduation ceremony, please know the ceremony will be streamed live and will be available on our website for a period of time.

As a part of FERPA policy, Bellevue University defines University official as: members of the University in an administrative, supervisory, academic, research, support position or a person employed by (or under contract to) the University to perform a special task, such as an agent, attorney or auditor.

A University official has a legitimate interest if the official has the need to know within the limitations typically required to fulfill his or her official responsibilities or by a contract agreement related to a student’s educational experience.

FERPA permits the disclosure of personally identifiable information from students’ education records, without consent of the student, if the disclosure meets certain conditions found in 99.31 of the FERPA regulations. Except for disclosures to University officials, disclosures of directory information, and disclosures to the student, 99.32 of FERPA regulations require Bellevue University to record the disclosure. Eligible students have a right to inspect and review the record of disclosures.

A postsecondary institution may disclose personally identifiable information from the education records without obtaining prior written consent of the student:

The disclosure is to other school officials, including teachers, within the institution whom the institution has determined to have a legitimate educational interest.
The disclosure is to officials of another institution of postsecondary education where the student seeks or intends to enroll or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment transfer.
The disclosure is to authorized representatives of federal, state, or local educational authorities.
Disclosure is to the student.
In connection with the student’s request for/receipt of financial aid.
If required by a state law requiring disclosure that was adopted before November 19, 1974.
To organizations conducting certain studies for, or on behalf, of the University.
To accrediting organizations to carry out their functions.
To the student’s parents if they claim the student as a dependent for income tax purposes.
To comply with a judicial order or lawfully issued subpoena.
Note: The University will make a reasonable effort to notify the student or a designee of the order or subpoena in advance of compliance.
To appropriate parties in a health or safety emergency.
To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (99.31 9(a)(13))
To the general public, the final results of a disciplinary proceeding, subject to the requirements of 99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (99.31 (a)(14))
To parents of a student regarding the student’s violation of any federal, state or local law, or any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (99.31 (a)(15))
Information the school has designated as “directory information” under 99.37. (99.31 (a)(11))

Inspection and Review of Educational Records

A student may inspect and review their education records upon request to the appropriate record custodian.

A student may submit a written request which identifies as precisely as possible the record or records they wish to inspect to the record custodian or an appropriate University staff person. The record custodian or staff member will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given in 45 days or less from the receipt of the request.

When records contain information about more than one student, the requesting student may inspect and review only the records which relate to them. Bellevue University reserves the right to refuse to permit a student to inspect the following:

The financial statement of their parents.
Letters and statements of recommendation for which the student has waived their right of access, or which were placed in file before January 1, 1975.
Records connected with an application to attend Bellevue University if that application was denied.
Those records which are excluded from the FERPA definition of education records.

Bellevue University reserves the right to deny transcripts or copies of records not required to be made available by FERPA in any of the following situations:

The student has an unpaid financial obligation to the University.
There is an unresolved disciplinary action against the student.

Types, Locations, and Custodians of Education Records

Types

Location

Custodian

Admissions Records

Registrar’s Office

Registrar

Cumulative Acad. Records

Registrar’s Office

Registrar

Financial Records

Student Finan. Srv.

Sr. Director

Financial Aid Records

Financial Aid Office

Director

Amendment of Educational Records

A student must ask the appropriate University official (Registrar or Chief Academic Officer) to amend a record. The student should identify the part of the record they want amended and specify why they believe it is inaccurate, misleading, or in violation of their privacy or other rights. Please note this procedure excludes grades. (See Grade Appeals on page 55 for more information.)

Bellevue University may comply with the request or decide not to comply. If the University decides not to comply, the student will receive notification of the decision and advice on their right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of their rights. Upon request to the Chief Academic Officer, the University will arrange for a hearing, and notify the student, reasonably in advance, of the date, place, and time of the hearing.

The hearing will be conducted by a hearing officer (who is a neutral party).The hearing officer may be an official of the institution. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend their educational records. Bellevue University will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.

If the University decides the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, we will notify the student that they have a right to submit a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision for placement in the record. The statement will be maintained as part of the student's education records as long as the contested portion is maintained. If Bellevue University discloses the contested portion of the record, it must also disclose the statement. If Bellevue University decides the information is inaccurate, misleading, or in violation of the student's right of privacy, the University will amend the record and notify the student in writing that the record has been amended.

Contact the Registrar in writing with questions regarding FERPA or to file a complaint with the University.

The Solomon Amendment

The Solomon Amendment (1998) is a federal law authorizing institutions that receive federal funding to allow the Department of Defense:

Entry to campus
Access to students on campus
Access to lists containing recruiting information on students

The Solomon Amendment identifies certain information that military recruiters may request about students if the student is aged 17 years or older, and are registered for class(es).This information is known as Student Recruiting Information.

This information includes only:

Name
Address
Telephone number
Age
Class level
Academic major
Place of birth
Degrees received
Most recent educational institution attended
Email address

If the student restricts the release of directory information under FERPA, then the University may not release such information to the military either (FERPA supersedes the Solomon Amendment.) There are additional guidelines for the release of data. The Office of the Registrar authorizes all data released to the requesting units. Please refer any requests to the Registrar.