Family Education Rights and Privacy Act of 1974
In accordance with the Family Educational Rights and Privacy Act of 1974, the following rights and privileges are granted to all students at Seton Hall University:
The Right of Access to Records
The Family Educational Rights and Privacy Act of 1974 grants any current or former student the right to access, inspect or review educational files, records or data that directly relates to the student seeking the information. Students who wish to inspect their records or files may do so by requesting and filling out a "right to access" form from the office or department where the specific record is kept. Within 45 days of receipt of the "right to access" form, the office or department will notify the student as to the date and time when the record will be available for inspection. If the records are not maintained by that particular office or department, the office or department to which the request was submitted shall advise the student of the correct office or department to whom the request should be addressed. Students may not inspect or review the financial records of their parents without parental permission.
Record of Access
A record to indicate the individuals (or organizations), other than University personnel, who have requested or obtained access to the student’s record and the legitimate educational interest the individual has in obtaining the information must be kept in student files. The record of access may be released only to the student, University personnel or state or federal officials as a means of auditing the system of reporting access to student records.
Release of Records
Information or records concerning a student may not be released to any individual or agency without the written permission of the student. Any request for such information received without written permission will not be honored and will be returned, indicating the need for a written release by the student. Educational records may be released without permission to the following individuals or agencies under these specific conditions:
- University officials with legitimate educational interests. This refers to 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 (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; 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 University official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility;
- officials of another institution where the student seeks or intends to enroll or is enrolled;
- federal or state officials in connection with the audit and evaluation of federally funded programs;
- persons or organizations in connection with the student’s application or receipt of financial aid;
- state and local officials pursuant to certain statutes of the state;
- organizations conducting studies for the purpose of developing predictive tests, administering student aid programs and improving instruction;
- accrediting organizations in order to carry out their accrediting functions;
- parents who claim the student as a dependent on their tax returns;
- persons in a position to deal with an emergency when the health, safety or welfare of the student or others is at stake; and
- parents of students under the age of 21 years found culpable of alcohol and drug offenses, if state law does not prohibit their release. When disciplinary action is taken against a student for violent misconduct, colleges are not prohibited by federal law from releasing to the public the student’s name, the violation committed and the sanction imposed.
The University may disclose education records, in part or in full, in compliance with a judicial order or a lawfully issued subpoena. Before complying, the University will make a reasonable effort to notify the student, unless directed otherwise by the court order or subpoena.
A student’s name, address, telephone listing, date and place of birth, major field of study, participation in recognized activities and sports, photos, information on height and weight of athletic team members, dates of attendance, degrees and awards received, and most recent previous educational institution attended are directory information and may be released without the student’s permission, at the discretion of the University, unless the student has objected to such disclosure, in writing.
Right to Challenge Contents of Records
Students who believe their records or files are inaccurate should write to the vice president for student affairs, clearly identifying the part of the record they believe is inaccurate and specify why it is inaccurate. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his/her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedure will be provided to the student when notified of the right to a hearing.
Right to File a Complaint
A student has the right to file a complaint with the U.S. Department of Education concerning any alleged failure 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 20202-4605