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6.3.2.1 General Requirement for Disclosure of Education Records. The University will not disclose Education Records, or Personally Identifiable Information from an Education Record, to a third party without prior consent of the student, except as authorized by FERPA and this policy.

6.3.2.2 Exceptions to the consent requirement. As provided under FERPA, the University may disclose Education Records without student consent as follows:

1. Directory Information

   Directory information may appear in public documents and may otherwise be disclosed without student consent, unless a student submits a written request to the Registrar during the first twelve (12) days of class of a fall or spring semester, the first four (4) class days of a summer semester, or the first three days of any quarter, to withhold such information from disclosure, as applicable or as otherwise designated by the University in the Annual Notice. The Annual Notice discussed in  Section 6.3.1 of this policy, Notice of Student Rights under FERPA and Notice Concerning Directory Information, shall specifically inform students of their right to have Directory Information about them withheld from release by the University.  Upon graduation or termination of a student’s enrollment for any reason, the release of the student’s Directory Information will be governed by the student’s Directory Information status in place during the student’s last period of enrollment, unless the former student changes that status.

2. University Officials with a Legitimate Educational Interest

   University officials with a Legitimate Educational Interest in an Education Record are allowed access without need for prior consent. Inter-institutional disclosures may also be made between institutions that administer or participate in joint programs or activities, in accordance with legitimate educational interest criteria. For example, an Education Record about a student concurrently enrolled in the University and another institution, or who receives services from the University and from another institution, may be disclosed by the University to the other institution under this subsection. This includes services provided by the University and institutions participating in distance education classes.

3. Other Institutions

   The University may release a student's Education Records to officials of another educational institution at which the student is intending to enroll, or is enrolled.

4. Audit or Evaluation of Federal or State Education Programs

   The University of Texas System Board of Regents, authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of Education, and state and local educational authorities who are authorized by law to audit and evaluate a Federal or State supported education program, or to enforce Federal law which relates to such education programs, or their authorized representatives may access an Education Record as required for the audit, evaluation or enforcement purpose.

5. Financial Aid

   The University may release an Education Record to persons or organizations in connection with that student's application for, or receipt of, financial aid to the extent necessary for such purposes as determining eligibility, amount, conditions, and enforcement of terms or conditions of such financial aid.

6. State and Local Officials Pursuant to Statute Concerning Juvenile Justice

   The University may release Education Records to state and local officials that are authorized by statute to access student Education Records to efficiently serve the student.

7. Organizations Conducting Studies

   Organizations conducting studies for, or on behalf of the University for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, may access Education Records for such studies provided that the study is conducted in a manner which will not permit the personal identification of students and/or their parents by individuals other than representatives of the organization; and the information will be destroyed when no longer needed for the purposes of the study. The term "organizations" includes, but is not limited to, Federal, State, and local agencies, and independent organizations.

8. Accrediting Organizations

   Accrediting organizations may access an Education Record required to carry out their accrediting functions.

9. Designated Parents of a Tax Dependent

   A parent of a student who is a dependent for federal tax purposes, as defined by Section 152 of the Internal Revenue Code of 1954, may access the student's Education Records if the student provides a written designation that permits such access. If a tax dependent student's parents are divorced, both parents may have access to the student's Education Records, so long as at least one parent is designated by the student.

10. Judicial Order or Subpoena

    Student Education Records may be disclosed to comply with a judicial order or lawfully issued subpoena. The University must make a reasonable effort to notify the student of an order or subpoena before complying with it, except that the University shall not notify a student of a subpoena if it is from a federal grand jury or is for law enforcement purposes, and the subpoena or order requests the University not to disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena. Education Records may also be disclosed to the U.S. Attorney General, or his or her designee, in response to an ex parte order concerning an authorized investigation or prosecution of domestic or international terrorism, without prior notice to the student.

11. Health and Safety

    The University may disclose student information as deemed necessary by the University in connection with an emergency and need to protect the health and safety of the student or other individuals.

12. Disciplinary Hearing Results

    1. Disclosure to Victims

       The University may disclose to an alleged victim of any crime of violence or a non-forcible sex offense (as those terms are defined in 34 C.F.R. 99.39), the final results of any disciplinary proceeding conducted by the University against the alleged perpetrator of such crime or offense, regardless of whether the alleged perpetrator was found responsible for the crime or offense by the University.

    2. Disclosure to Third Parties

       The University may disclose the final results of any disciplinary proceeding against a student who is an alleged perpetrator of any crime of violence or a non-forcible sex offense (as those terms are defined in 34 C.F.R. 99.39), if the student is found responsible for violating the University's rules or policies with respect to such crime or offense. Such disclosure shall include only the name of the student, the violation committed, and any sanction imposed by the University on that student. Such disclosure may include the name of any other student, such as a victim or witness, only with the written consent of that other student.

    3. Alcohol and Drug Violations

       The University may disclose to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the University, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student's Education Records, if the student is under the age of 21 at the time of disclosure to the parent, and the University determines that the student is responsible for a disciplinary violation with respect to such use or possession.

13. Defense of Litigation or Complaints against the University

    If a student initiates legal action against the University, the University may disclose to the court or agency with jurisdiction over the complaint, without a court order or subpoena, the student's Education Records determined to be relevant by the University and necessary for its defense.

14. Disclosures Concerning Sex Offender Registration Status

    The University may disclose information concerning a student’s status as a sex offender or other individual required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071, and the information was provided to the University under 42 U.S.C. 14071 and applicable Federal guidelines.

6.3.2.3 Consent of the Student.  The University will release, or allow access to, Education Records by a third party if the student provides a valid Consent, capable of verification that it was provided by the student, and which identifies the third party as the person to whom the Education Records may be disclosed.

6.3.3.1 A student has the right, upon request, to review all materials that are in the student's Education Records, except:

1. Financial information submitted by the student's parents;

2. Confidential letters and recommendations associated with admissions, employment or job placement, or honors, to which the student has waived rights of inspection and review, or which were made part of the student’s Education Records prior to January 1, 1975, provided those letters were collected under established policies of confidentiality and used only for the purposes for which they were collected;

3. Education Records containing information about more than one student, in which case the University will permit access only to that part of the record that pertains to the requesting student; and

4. Records that are subject to an attorney-client privilege which belongs to the University.

6.3.3.2 Process for Students Requesting Access to Their Education Records. The Vice President for Business Affairs is designated as the official custodian of the University’s Education Records. Student Education Records are maintained at several locations on campus. A list of Education Records and those officials responsible for the records shall be maintained in the Office of the Vice President for Business Affairs. This list includes:

1. Academic Records:

   1. Office of the Registrar's Office: Registrar

   2. Office of Admissions and Recruitment: Director

   3. Academic College: Dean

   4. Academic Department or Program: Chairman or Director

   5. Faculty Offices: Individual faculty member

2. Student Services Records

   1. Counseling Center Office: Director of Counseling

   2. Student Activities Office: Director of Student Activities

   3. Student Services: Dean of Students

3. Financial Records

   1. Business Office: Vice President for Business Affairs

   2. Financial Aid Office: Director

Except where pre-empted by a specific provision of FERPA, or if an official copy of the student’s transcript is requested, a student’s right to access and/or request a copy of his or her Educational Records, is co-extensive with the student’s right to access records under the Texas Public Information Act (TPIA).

6.3.3.3 Requests by a student for Education Records that are available to a student under an applicable provision of the TPIA shall be processed in accordance with policies for access to records under the TPIA.  The Vice President for Business Affairs has been designated as the official custodian of records for the University, and requests for assistance in determining the location of an individual student’s records may be directed to that office.

6.3.3.4 Records pre-empted from availability under the TPIA by FERPA will be made available within forty-five (45) days of the request.

6.5.1.1 A student may informally request the opportunity to discuss amendment of the record with the University office concerned with the particular record. If agreement is reached with respect to the student's request, the appropriate records will be amended. If the record is not amended pursuant to the student's request, the University will inform the student of its decision and the student's right to request a formal hearing.

6.5.1.2 Request for a hearing must be made in writing to the Vice President for Business Affairs, who within a reasonable period of time after receiving such request, will inform the student of the date, place, and time of the hearing. The hearing officer who will adjudicate such challenges will be appointed by the President.

6.5.1.3 The student may present evidence at the hearing relevant to the issues raised and may be assisted at the hearing by a representative(s) of the student's choice, including legal counsel, at the student's expense.

6.5.1.4 The decision of the hearing officer shall be final (except as noted in 6.5.1.7), shall be based solely on the evidence presented at the hearing, shall consist of a written statement summarizing the evidence and stating the reasons for the decision, and shall be delivered to all parties concerned.

6.5.1.5 If the decision is in favor of the student, the Education Record will be corrected or amended in accordance with the decision of the hearing officer.

6.5.1.6 If the decision is that the Education Record will not be amended/corrected, the student may place with the Education Record a statement commenting on the information in the record, and/or a statement of the reasons why the student disagrees with the hearing officer’s decision. The statement will be maintained as part of the student's Education Records, and included whenever the Education Record in question is disclosed.

6.5.1.7 Students who believe that the adjudications of their challenges were unfair or not in keeping with the provisions of FERPA, may request, in writing, assistance from the President of the University.