Notification of Rights under FERPA
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights include:
(1) The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access.
A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
(2) The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
A student who wishes to ask the University to amend a record should write the University official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
If the University decides not to amend the record as requested, the University will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
(3) The right to provide written consent before the University discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
The University discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted as its agent to provide a service instead of using University employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Governors; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the University.
Upon request, the University also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
(4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA.
The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
The Family Education Rights and Privacy Act states that an educational institution may release without written consent those records identified as public or directory information for students who are currently enrolled provided that the institution informs the students of the categories defined as directory information and students are given an opportunity to refuse disclosure of any or all of the defined categories.
“Directory Information” is public information that may be disclosed at Marshall University’s discretion for any purpose.
Marshall University designates the following categories of student information as “Directory Information”:
- Student’s official name;
- Student’s hometown (City, County, State, Country);
- parents’ names;
- major and minor fields of study;
- dates of attendance;
- degree(s) and date(s) conferred, including anticipated graduation dates;
- previous educational institution attended;
- photographs, videos, or other media containing a student’s image or likeness (collectively “Student Images”);
- honors and awards received;
- classification or class status;
- participation in officially recognized activities and sports;
- weight and height of members of athletic teams; and
- duties and responsibilities, including dates of service of graduate assistants, student workers, interns, or student volunteers.
Limited Use Directory Information
“Limited Use Directory Information” is not to be provided to external parties not contractually affiliated with the University. Use and disclosure of this information shall be limited to (1) publication in official University publications or on social media sites or websites hosted or maintained by, on behalf of, or for the benefit of the University, including the University’s online directory and internal email system; (2) University officials who have access, consistent with FERPA, to such information and only in conjunction with a legitimate educational interest; (3) external parties contractually affiliated with the University; and (4) military recruiters.
Marshall University designates the following categories of student information as “Limited Use Directory Information”:
- University issued student electronic mail addresses (“Email Addresses”);
- Student’s complete official address;
- Student’s telephone number;
- Student’s age and date of birth;
- Student’s place of birth; and
- addresses of parents.
Requests to suppress disclosure of directory information can be sent to the Registrar’s office.
Students requesting that their directory information not be disclosed are excluded from Dean’s List announcements made available to hometown and other media.
Some directory information (e.g. student names, honors, college, etc.) is normally disclosed in graduation programs and lists distributed to hometown newspapers and other media. A separate refusal (as part of the application for graduation) is required to suppress this disclosure.