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Family Educational Rights And Privacy Act Policy
The Family Educational Rights and Privacy Act of 1974, as
amended, is a federal law that controls the confidentiality
of, and access to, student education records. The following
statement represents Marquette’s policy relating to student
education records. (Please note that FERPA may contain
additional applicable provisions that are not referenced
in this Marquette policy.)
Effective Aug. 15, 1996, the university hereby adopts as its
policy with respect to the maintenance, inspection, review
and disclosure of student “education records” the following,
as far as authorized, permitted or required by FERPA.
1. Definitions
For the purposes of this policy, Marquette University has
used the following definitions of terms.
Student — any person who attends or has attended
Marquette University.
Education records — any record (in handwriting, print,
tapes, film, electronic or other medium) maintained by
the university or an agent of the university that is directly
related to a student, except:
1. A personal record kept by a staff member if it is kept in
the sole possession of the maker of the record and is
not accessible or revealed to any other person except a
temporary substitute for the maker of the record.
2. An employment record of an individual whose employment
is not contingent on the fact that he or she is a
student, provided the record is used only in relation to
the individual’s employment.
3. Records that are created and maintained by Public
Safety for law enforcement purposes.
4. Records made or maintained by a physician, psychiatrist,
psychologist or other recognized professional or
paraprofessional acting in his or her professional or
paraprofessional capacity and that are used only in connection
with the treatment of a student and that are
disclosed only to individuals providing that treatment.
Note: Immunization records are considered education
records.
5. Alumni records that contain information about a student
after he or she is no longer in attendance at the university
and that do not relate to the person as a student.
Parent — includes a natural/adoptive parent of a student,
a guardian or an individual acting as a parent in the
absence of a parent or a guardian.
Qualified parent — is either (1) a parent who has been
given written consent by a student for the parent to
review the student’s education records or (2) a parent
who has claimed the student as a dependent as defined
in section 152 of the Internal Revenue Code of 1954 in
the most recently ended tax year.
Record custodian — university employee, or designee,
who maintains education records.
School official is:
• A person employed by the university in an administrative,
supervisory, academic, research or support staff
position.
• A person elected to the Marquette University Board of
Trustees.
• A person hired or utilized by the university on a temporary
basis to perform a special task (e.g., attorneys,
auditors).
• A person utilized by the university for the purposes of
verifying scholarship, honor society or other academic
honors, including Dean’s List eligibility and/or selecting
recipients for such honors or scholarships.
• A person utilized by the university for the purposes of
verifying enrollment or degree information for employers,
insurance companies, or lenders (e.g., National Student
Clearinghouse).
A school official has access to educational records only
if he or she has “legitimate educational interest” in a
student’s record and his or her work requires access to
such record. A school official has a “legitimate educational
interest” if the official is:
• Performing a task specified in his/her position description
or contract or pursuant to written/oral direction from
appropriate supervisory personnel.
• Performing a task related to a student’s education.
• Performing a task related to the discipline of a student.
• Providing a service or benefit relating to the student or
student’s family, such as health care, counseling, job
placement, honor societies and academic honors consideration,
or financial aid, including scholarships.
2. Annual Notification
Students will be notified of their FERPA rights annually
by publication of this policy in the student handbook.
Additionally, this policy will be posted on www.marquette.
edu. Copies of this policy may be obtained at the
Office of Student Development.
3. Procedure to Inspect Education Records
Students may inspect and review their education records
upon request to the office of the appropriate record custodian,
hereafter referred to as “record custodian.” (see
following listing of academic records/education records:
type, location, custodians)
• An official Request to Inspect Education Records
form must be submitted to the appropriate record
custodian(s). Forms may be obtained from any record custodian identified herein.
• The request must specify and identify as closely as possible the desired records.
1. At the time of the request, the student must provide proper identification (photo I.D.) verifying that he/she is the
person whose record is being accessed.
2. Inspection and review shall be permitted within 45 calendar days from the receipt of the student’s request.
3. The designated staff person(s) must supervise the review of the contents of the record with the student.
4. Students will be free to make notes concerning the contents but will not be allowed to remove any materials from
the records at the time of inspection.
When a record contains information about more than one student, the student may inspect and review only that portion
of the record that relates to him/her.
Academic Records/Education Records
The following is a list of the types of records the university maintains, their locations and their custodians (custodian
includes his/her designee).
Types |
Location |
Custodian |
|---|---|---|
| Academic Records/ Advising Records (progress, advising, evaluations) |
Office of the Dean of each Undergraduate College/School Office of the Dean of each Graduate/Professional School Office of the Registrar, Marquette Hall Department Office Program offices (EOP, FFP, Honors, etc.) |
Dean of the College/School |
| Admissions File | Office of Undergraduate Admissions, Marquette Hall Office of the Registrar, Marquette Hall |
Dean of Undergraduate Admissions University Registrar |
| Enrollment Records | Office of the Dean, Graduate/Professional School/Professional Studies/College Office of the Registrar, Marquette Hall |
Dean of the School/College University Registrar |
| Career Service Records | Career Services Center, Holthusen Hall |
Director of the Center |
| Counseling and Testing Records* | Counseling Center, Holthusen Hall |
Director of the Center |
| Disabled Student Services | Office of Disability Services, Alumni Memorial Union |
Coordinator of Disability Services |
| Disciplinary Records | Office of Student Development, Alumni Memorial Union |
Dean of Students |
| Financial Records | Office of the Bursar, 1618 W. Wells St. |
Bursar |
| Financial Aid Records | Office of Student Financial Aid, 707 Building Office of the Dean, Graduate/Professional School |
Director of Student Financial Aid Dean of the School |
| Health Records* | Student Health Service, Schroeder Health Complex |
Director of Student Health Service |
| Intercollegiate Athletics | Department of Intercollegiate Athletics, Al McGuire Center |
Athletics Director |
| International Student Records | Office of International Education, Alumni Memorial Union Office of the Dean, Graduate School |
Director Dean of the School |
| Miscellaneous Records (student education records not included in the above list) |
The appropriate University official/employee will locate and collect such records. |
The university official/employee who maintains such records. |
4. Right of the University to Refuse Access
The university reserves the right to refuse access to the following records:
1. Financial statements submitted by the parent(s)/ guardian or spouse. Such documents are not considered to be part of the student’s education records and can only be accessed with written consent of the parent(s)/guardian or spouse.
2. Letters and statements of recommendation for which the student has waived his/her right of access or that were placed in the file before Jan. 1, 1975.
3. Records connected with an application to attend Marquette University, or a component unit of Marquette University, if that application was denied.
4. Those records that are excluded from the FERPA definition of education records.
5. Refusal to Provide Copies
Although the university will not deny a student access to his/her education records, the university reserves the right to deny a request for copies of education records, including, but not limited to, transcripts and diplomas in the following circumstances:
1. If the student has an unpaid financial obligation to the university;
2. If there is an unresolved disciplinary action against the student; or
3. If there is an unresolved academic action against the student.
4. The university will not release transcripts from other academic institutions or official test scores.
6. Fees for Copies of Records
The university does not routinely provide copies. However, if copies are provided, the fee will be 50 cents per page, plus mailing costs.
7. Disclosure of Education Records
Personally identifiable information from the education records of a student will be disclosed by the university with the prior written consent of the student. However, the university may disclose information without the prior written consent of the student in the following circumstances:
1. To school officials with a legitimate educational interest in the records.
2. To officials of another school, at the request of those officials, in which a student seeks or intends to enroll.
3. To certain officials of the U.S. Department of Education, the U.S. Comptroller General, and state and local educational authorities, in connection with certain state or federally supported education programs.
4. In connection with a student’s request for or receipt of financial aid, as necessary to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid.
5. If disclosure is required by certain state laws relating to the juvenile justice system.
6. To organizations conducting certain studies for or on behalf of the university.
7. To accrediting organizations to carry out their functions.
8. To either of two parents when at least one parent has claimed the student as a dependent for income tax purposes. A certified copy of the parents’ most recent federal income tax form may be required to verify dependency.
9. To comply with a valid court order or subpoena or to comply with federal law (e.g., the USA Patriot Act or the Solomon Agreement).
10. To appropriate parties in a health or safety emergency.
11. To a victim of an alleged perpetrator of a crime of violence or a nonforcible sex offense, the final results of a disciplinary proceeding conducted by the university with respect to that alleged crime or offense. The university may disclose the final results of the disciplinary proceeding, regardless of whether it concluded a violation was committed.
12. Directory information so designated by the university.
13. To parents of students under the age of 21 when laws or university policies regarding alcohol or drugs are violated (see page 182, Parental Notification Policy).
14. To a court or administrative agency in the event of legal action between the university and a student.
8. Record of Requests for Disclosure
The university will maintain a record of all requests for and/or disclosures of information from a student’s education records, other than requests by or disclosures to the student, a school official, a party with written consent of the student or a party presenting a valid court order or subpoena that specifically states that the existence or contents of the order/subpoena not be disclosed or a party seeking only directory information. The record will indicate the name of the party making the request, any additional party to whom it may be redisclosed and the legitimate interest the party had in requesting or obtaining the information. The record may be reviewed by a qualified parent or by the student.
9. Directory Information
Personally identifiable “directory information” from the education records of the student in attendance at the university may be disclosed without the necessity of prior consent of the student concerned as provided by FERPA, subject to the right of the student to inform the university in writing that all “directory information” with respect to him or her shall not be so disclosed. Such notice must be delivered to the Office of the Registrar and will be effective as to such disclosures for the balance of that semester only, except that such a restriction will not apply to material already printed or in the process of being printed. In addition to the above, students have the option to declare whether or not their address(es) and telephone number(s) are to be made public.
The university has designated as “directory information” each of the following items of information: the student’s name(s), address(es), telephone number(s), e-mail address, photographs, electronic images, date and place of birth, major field(s) of study and current enrollment status, participation in officially recognized activities, dates of attendance, degrees, awards and academic honors received, Dean’s List selection, previous educational institution(s) attended, and program and promotion materials on participants in various sports and similar public activities, including weights and heights of members of athletic teams.
10. Correction of Education Records
Students have the right to request correction of records they believe are inaccurate, misleading or in violation of their privacy rights. The following are procedures for the correction of records:
1. A student must ask the appropriate record custodian to amend a specific record. In so doing, the student must identify the part of the record the student wants changed and specify why the student believes it to be inaccurate, misleading or in violation of the student’s privacy rights.
2. After reviewing the request, and within a reasonable time, the record custodian may or may not comply with the request. If the record custodian decides not to comply, the record custodian will notify the student of the decision and advise the student of the right to a hearing to challenge the information believed to be inaccurate, misleading or in violation of the student’s rights.
3. Upon request, the record custodian will arrange for a hearing and will notify the student reasonably in advance of the date, location and time of the hearing.
4. The hearing will be conducted by a hearing officer who is a disinterested party. The hearing officer may be an official of the university. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. The student may have an adviser present at the hearing. If the student desires to have an adviser present, the student must notify the hearing officer of this fact, in writing, no later than two working days prior to the hearing. Advisers are normally members of the Marquette community (e.g., current full-time students, faculty, staff). This adviser serves as a support person and is intended to be of direct assistance to the student before and during the hearing. The adviser may not speak for the student or address the hearing officer. If the adviser is identified as private legal counsel, a law student or a Law School faculty member, the hearing officer may reschedule the time and/or date of the hearing so that Marquette University legal counsel may be present.
5. The hearing officer 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.
6. If the hearing officer decides that the contested information is not inaccurate, misleading or in violation of the student’s rights, the hearing officer will notify the student that the student has a right to place in the record a statement commenting on the contested information and/or a statement setting forth reasons for disagreeing with the decision. The statement will be maintained as part of the student’s education records as long as the contested portion is maintained. If Marquette University discloses the contested portion of the record, it will also disclose the statement.
7. If the hearing officer decides that the information is inaccurate, misleading or in violation of the student’s rights, the record custodian will amend the record and notify the student, in writing, that the record has been amended.
8. Grades and academic/performance evaluations may be challenged under this procedure only on the basis of the accuracy of their transcription.
9. Marquette reserves the right, in its sole discretion, to revise its procedures regarding the Family Educational Rights and Privacy Act at any time and without notice in light of applicable legal requirements or developments.
11. Complaint Procedure
A student or parent, if applicable, may file a written complaint regarding alleged violations under FERPA to the following office:
Family Policy Compliance Office:
U.S. Department of Education
400 Maryland Ave. SW
Washington D.C. 20202-5920
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