Disclosure Limitations and Exclusions

Disclosure Limitations and Exclusions

It is the policy of University of the Pacific to limit disclosure of personally identifiable information from education records unless it has the student’s prior written consent, subject to the following limitations and exclusions.

A. Directory Information

1. The following categories of information have been designated directory information:

• • Name
  • Address
  • Telephone listing
  • Electronic mail address
  • Date and place of birth
  • Photograph
  • Major field of study
  • Participation in officially recognized activities and sports
  • Weight and height of members of athletic teams
  • Enrollment status (full-, part-time, undergraduate, graduate)
  • Dates of attendance
  • Degrees and awards received
  • Most recent previous educational institution attended
  • Grade level

2. This information can be disclosed if contained in a public student directory even in the absence of consent unless the student files written notice requesting the University not to disclose any of the categories within three weeks of the first day of the semester in which the student begins each school year. This notice must be filed annually within the above allotted time to avoid automatic disclosure of directory information. The notice should be filed with the Office of the Registrar. See II.C.
3. The University will give annual public notice to students of the categories of information designated as directory information.
4. Directory information may appear in public documents and otherwise be disclosed without student consent unless the student objects as provided above.
5. All requests for non-disclosure of directory information will be implemented as soon as publication schedules will reasonably allow.
6. The University will use its best efforts to maintain the confidentiality of those categories of directory information that a student properly requests not be publicly disclosed. The University, however, makes no representations, warranties, or guarantees that directory information designated for non-disclosure will not appear in public documents.

B. Prior Consent Not Required

Prior consent will not be required for disclosure of education records to the following parties:

1. School officials of University of the Pacific who have been determined to have legitimate educational interests.

• • “School officials” include instructional or administrative personnel who are or may be in a position to use the information in furtherance of a legitimate objective;
  • “Legitimate educational interests” include those interests directly related to the academic environment;

2. Authorized representatives of the Comptroller General of the U.S., the Secretary of Education, the Secretary of the Department of Health and Human Services, the Director of the National Institute of Education, the Administrator of the Veterans’ Administration, but only in connection with the audit or evaluation of federally supported education programs, or in connection with the enforcement of or compliance with Federal legal requirements relating to these programs. Subject to controlling Federal law or prior consent, these officials will protect information received so as not to permit personal identification of students to outsiders and destroy such information when it is no longer needed for these purposes;
3. Authorized persons and organizations that are given work in connection with a student’s application for, or receipt of, financial aid, but only to the extent necessary for such purposes as determining eligibility, amount, conditions, and enforcement of terms and conditions;
4. State and local officials to which such information is specifically required to be reported.
5. Organizations conducting educational studies for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction. The studies shall be conducted so as not to permit personal identification of students to outsiders, and the information will be destroyed when no longer needed for these purposes;
6. Accrediting organizations for purposes necessary to carry out their functions;
7. Parents of a student who is a dependent for income tax purposes. (Note: The University may require documentation of dependent status such as copies of income tax forms.)
8. Appropriate parties in connection with an emergency, where knowledge of the information is necessary to protect the health or safety of the student or other individuals;
9. In response to a court order or subpoena, the University will make reasonable efforts to notify the student before complying with the court order.
10. To an alleged victim of any crime of violence of the results of any institutional disciplinary proceeding against the alleged perpetrator of that crime with respect to that crime.

C. Prior Consent Required

In all other cases, the University will not release personally identifiable information in education records or allow access to those records without prior consent of the student. Unless disclosure is to the student himself or herself, the consent must be written, signed, and dated, and must specify the records to be disclosed, the identity of the recipient, and the purpose of disclosure. A copy of the record disclosed will be provided to the student upon request and at his or her expense. The University will maintain with the student’s education records a record for each request and each disclosure, except for the following:

1. disclosures to the student himself or herself;
2. disclosures pursuant to the written consent of the student (the written consent itself will suffice as a record);
3. disclosures to instructional or administrative officials of the University.
4. disclosures of directory information. This record of disclosures may be inspected by the student, the official custodian of the records, and other university and governmental officials.

D. Right to Correct Records

It is the policy of University of the Pacific to provide students the opportunity to seek correction of their education records.

1. Request to Correct Records
   A student who believes that information contained in his or her education records is inaccurate, misleading, or violative of privacy or other rights may submit a written request to the Office of the Registrar specifying the document(s) being challenged and the basis for the complaint. The request will be sent to the person responsible for any amendments to the record in question. Within a reasonable period of time of receipt of the request, the University will decide whether to amend the records in accordance with the request. If the decision is to refuse to amend, the student will be so notified and will be advised of the right to a hearing. He or she may then exercise that right by written request to the Office of the Registrar.
2. Right to a Hearing
   Upon request by a student, the University will provide an opportunity for a hearing to challenge the content of the student’s records. A request for a hearing should be in writing and submitted to the Office of the Registrar. Within a reasonable time of receipt of the request, the student will be notified in writing of the date, place, and time reasonably in advance of the hearing.
3. Conduct of the Hearing
   The hearing will be conducted by a university official who does not have a direct interest in the outcome. The student will have a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney.
4. Decision
   Within a reasonable period of time after the conclusion of the hearing, the University will notify the student in writing of its decision. The decision will be based solely upon evidence presented at the hearing and will include a summary of the evidence and the reasons for the decision. If the University decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the University will amend the records accordingly.
5. Right to Place an Explanation in the Records
   If, as a result of the hearing, the University decides that the information is not inaccurate, misleading, or otherwise in violation of the student’s rights, the University will inform the student of the right to place in his or her record a statement commenting on the information and/or explaining any reasons for disagreeing with the University’s decision. Any such explanation will be kept as part of the student’s record as long as the contested portion of the record is kept and will be disclosed whenever the contested portion of the record is disclosed.
6. Right to File Complaint
   A student alleging university noncompliance with the Family Educational Rights and Privacy Act may file a written complaint with the Family Educational Rights and Privacy Act Office (FERPA)
   Department of Education
   600 Independence Ave, S.W.
   Washington, D.C. 20202-4605.