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*formerly Policy 210.14 Disclosure of Student Records

1. Purpose

   �Ӱ�ԭ�� complies with the Family Educational Rights and Privacy Act and its implementing regulations ("FERPA") as amended, which protects the privacy of Education Records. In accordance with FERPA, this Policy informs Students of their rights to: inspect and review their Education Records; seek an amendment of their Education Records where appropriate; limit disclosure to others of personally identifiable information contained in Education Records without the Student's prior written consent; and file formal complaints alleging a violation of FERPA with the U.S. Department of Education.

2. Scope and Applicability

   This policy applies to all �Ӱ�ԭ�� Students (current and former), all University officials (including faculty, staff, and contractors), consultants, and any other parties who access, handle, or maintain Student Education Records on behalf of �Ӱ�ԭ��.

3. Definitions – The following terms have specialized meanings for purposes of this policy:
   1. Education Records: Records that contain information directly related to a Student that is maintained by �Ӱ�ԭ�� or by a third party on behalf of �Ӱ�ԭ��. The following are not Education Records: (a) campus police or security (“law enforcement unit”) records maintained solely for law enforcement purposes and maintained by that law enforcement unit; (b) employment records, except where a currently enrolled Student is employed as a result of Student status; (c) records of a physician, psychologist, or other recognized professional or paraprofessional if made or used only for treatment purposes and available only to persons providing treatment; (d) records relating only to a person's activities after that person is no longer eligible to enroll at �Ӱ�ԭ��, unless directly related to prior enrollment activities; and (e) records of applicants for admission who have not enrolled.
   2. Custodian: The Registrar, who serves as �Ӱ�ԭ��'s Custodian of Education Records.
   3. Disclosure: Permitting access to, or the release, transfer, or other communication of Student information contained in Education Records by any means, including oral, written, or electronic means, to any party except the party that provided or created the record.
   4. Student: For purposes of this policy, an individual who is or has been enrolled at �Ӱ�ԭ��.
4. Roles and Responsibilities
   1. Registrar: Serves as the primary Custodian of Education Records; receives and responds to Student requests for access, amendment, and hearing; manages disclosures; and maintains required records of disclosures. The Custodian may designate staff to act on their behalf.
   2. University Officials (Faculty, Staff, Contractors): May access Education Records only when they have a legitimate educational interest as defined in this policy and must handle records consistently with FERPA and �Ӱ�ԭ�� requirements.

5. Policy Statements

   �Ӱ�ԭ�� establishes the following requirements regarding Student Education Records:

   1. Inspection and Review of Education Records
      1. Right of Access: Each Student has a right of access to their Education Records, except financial records of the Student’s parents and confidential letters of recommendation received prior to January 1, 1975.

      2. Requests to review or inspect Education Records should be addressed to the Custodian at:

         University of Maryland Global Campus
         Office of the Registrar
         3501 University Blvd E, Adelphi, MD 20783
         studentrecords@umgc.edu

      3. Procedure to Request Review or Inspection of Education Records
         1. Requests for review and/or inspection of Education Records should be made in writing to the Custodian as outlined above.
         2. The Custodian or designee shall respond to a request for access within 45 calendar days of a request.
         3. The Custodian or designee will make arrangements for access and notify the Student of the options available to inspect the records in the presence of a staff member or if that is not feasible, the Student may request copies of their Education Records by contacting studentrecords@umgc.edu.
         4. If copies of Education Records are sent electronically, those records shall be encrypted to ensure security of the information contained within it.
         5. For �Ӱ�ԭ�� transcript requests see Requesting Transcripts and Enrollment Verification page. Standard fees apply for copies of official transcripts.
         6. �Ӱ�ԭ�� will not provide copies of any transcripts from other institutions in the Student’s Education Records.
   2. Amendment of Education Records
      1. Request to Amend Education Records
         1. A Student who believes that their Education Records are inaccurate, misleading, or in violation of the Student's rights of privacy may request amendment by submitting a written request to studentrecords@umgc.edu. Within 45 calendar days after the amendment request is submitted, the Custodian or designee will decide whether to amend the records. If the Custodian or designee decides not to amend, they will inform the Student of the right to a hearing within that timeframe.
      2. Hearings
         1. A Student may submit a written request for a hearing to challenge the content of Education Records. The request must state what records the Student believes are inaccurate, misleading, or in violation of privacy rights.
         2. A hearing will be conducted by the Custodian or designee via telephone, video conferencing, or other electronic means. The Student will be given an opportunity to present evidence and may be assisted or represented by individuals of their choice at their own expense, including an attorney.
         3. Within 45 calendar days after the conclusion of a hearing, the Custodian or designee will notify the Student in writing of the decision, including a summary of the evidence and the reasons for the decision.
            1. If the Custodian or designee determines that the Education Record is inaccurate, misleading, or in violation of the privacy of the Student, the Education Records will be amended. The Custodian or designee will inform the Student of the amendment in writing.
            2. If the Custodian or designee decides that the Education Records is not inaccurate, misleading, or otherwise in violation of the privacy rights of the Student, then the Student will be informed of the right to place a statement in the record commenting on the contested information in the Education Records and/or stating why he or she disagrees with the decision of the Custodian or designee. Any such explanation will be kept as part of the Student's education record as long as the contested portion of the record is kept and shall be disclosed whenever the contested portion of the record is disclosed.
   3. Disclosures
      1. Prior Consent
         1. The Custodian will provide Education Records or personally identifiable information contained within it to a third party if the Student provides prior written or electronic consent that the records or information contained therein may be disclosed.
         2. For prior written or electronic consent to be sufficient, the Student must provide:
            1. a description of the records or information to be disclosed;
            2. the purpose for the disclosure;
            3. the identity of the person(s) to whom disclosure is to be made;
            4. the Student's signature;
            5. the date the Student signed the consent.
         3. Students should submit a to the Custodian to consent to the disclosure of the Student’s Education Records.
         4. At the Student's request and expense, a copy of the Education Records disclosed will be provided to the Student.

      2. Disclosures Not Requiring Prior Consent

         Prior consent is not required for disclosure of Education Records in the following circumstances:

         1. Directory Information
            1. Information from a Student's Education Record designated as "Directory Information" may be disclosed to third parties without prior consent, unless the Student has submitted a to the University. A third party does not include a school official with a legitimate educational interest, as defined herein.
            2. �Ӱ�ԭ�� designates the following categories as directory information: (a) Name; (b) Major field of study; (c) Dates of Attendance; and (d) Degrees, honors, and awards received.
            3. Request for Non-Disclosure of Directory Information and Revocation: Students may request restriction of Directory Information release by submitting a . Once the form has been submitted and processed, all Directory Information will be withheld and not disclosed to a third party, unless the disclosure is required by law. While a restriction is in effect, Directory Information will not appear in commencement materials. This restriction remains in effect until a new form is submitted.
         2. School Officials with Legitimate Educational Interest: Disclosure to other school officials within the University System of Maryland or �Ӱ�ԭ�� who have a legitimate educational interest, including instructional or administrative personnel, contractors, consultants, volunteers, or other parties to whom �Ӱ�ԭ�� has outsourced institutional services under �Ӱ�ԭ��'s direct control. The contractor, consultant, volunteer, or other party will not redisclose personally identifiable information and will destroy the information when it is no longer needed for those purposes. Legitimate educational interests include interests directly related to the academic environment where information is necessary to perform tasks specified in the official's position description or contract, used within the context of official school business, and used consistently with the purposes for which the data are maintained.
         3. Officials of Other Schools: Disclosure to officials of other schools in which a Student seeks to enroll or is enrolled, for purposes related to the Student's enrollment or transfer. The Student will be provided a copy of records transferred upon request and at their expense.
         4. Federal and State Authorities: Disclosure to authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the U.S. Department of Education, or state or local educational authorities.
         5. Financial Aid: Disclosure to authorized persons and organizations in connection with a Student's application for, or receipt of, financial aid, to the extent necessary for determining eligibility, amount, conditions, and enforcement of terms and conditions.
         6. State Reporting Requirements: Disclosure to State and local officials where required by effective state law adopted prior to November 19, 1974.
         7. Educational Research Organizations: Disclosure to organizations conducting educational studies for developing, validating, or administering predictive tests, administering Student aid programs, and improving instruction, pursuant to a written agreement, provided studies are conducted so as not to permit personal identification of Students by persons other than organization representatives with legitimate interests, and information is destroyed or returned to �Ӱ�ԭ�� when no longer needed.
         8. Accrediting Organizations: Disclosure to accrediting organizations for purposes necessary to carry out their functions.
         9. Parents of Dependent Students: Disclosure to the parent of a Student who is dependent for income tax purposes. �Ӱ�ԭ�� will require documentation of dependent status, such as copies of income tax forms.
         10. Judicial Orders and Subpoenas: Disclosure to comply with a judicial order or lawfully issued subpoena. Unless expressly prohibited by the subpoena, �Ӱ�ԭ�� will make a reasonable effort to notify the Student or parent of the order or subpoena in advance of compliance to give them time to seek protective action, except where (a) the subpoena is issued by a Federal grand jury with a non-disclosure order, or (b) the subpoena is issued for a law enforcement purpose with a non-disclosure order.
         11. Anti-Terrorism Orders: Disclosure to comply with an ex parte order obtained by the U.S. Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.
         12. Health or Safety Emergencies: Disclosure in connection with a health or safety emergency to protect the health or safety of a Student or other individuals.
         13. Victims of Violence or Sex Offenses: Disclosure to an alleged victim of any crime of violence or non-forcible sex offense of the results of any disciplinary proceeding conducted by �Ӱ�ԭ�� against the alleged perpetrator with respect to that crime or offense. The disclosure is also permitted to an alleged victim of any crime of violence of the results of any disciplinary proceeding conducted by �Ӱ�ԭ�� against the alleged perpetrator of that crime with respect to that crime.
         14. Sex Offender Registry: Disclosure concerning sex offenders and other individuals required to register under 42 U.S.C. 14071 where information was provided to �Ӱ�ԭ�� under that federal statute or applicable federal regulations.

      3. Record of Disclosures

         �Ӱ�ԭ�� maintains with the Student's Education Records a record of each request and each disclosure, except for:

         1. Disclosures to the Student themselves
         2. Disclosures made pursuant to the consent of the Student (the consent itself serves as a record)
         3. Disclosures to USM instructional or administrative officials; and
         4. Disclosures of directory information not made pursuant to Student consent.
         5. When information from an Education Record is disclosed pursuant to a health or safety emergency, �Ӱ�ԭ�� will maintain a record of: (i) the articulable and significant threat to health or safety that formed the basis for the disclosure; and (ii) the parties to whom �Ӱ�ԭ�� disclosed the information.
      4. Right to File Complaint: A Student alleging that �Ӱ�ԭ�� has not complied with FERPA may file a student grievance in accordance with �Ӱ�ԭ��'s Student Grievance Procedures (�Ӱ�ԭ�� Policy V-1.02) or submit a written complaint to: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-4605.

   4. Enforcement

      �Ӱ�ԭ�� is committed to compliance with FERPA. The Registrar, in coordination with the Office of Legal Affairs and other appropriate University Officials, oversees implementation of and guidance regarding compliance with this policy. University Officials, students, contractors, and any other parties who access, handle, or maintain Student Education Records on behalf of �Ӱ�ԭ�� who violate FERPA or this policy may be subject to corrective or disciplinary action consistent with applicable �Ӱ�ԭ�� policies and procedures. Institutional noncompliance with FERPA may subject �Ӱ�ԭ�� to investigation and enforcement action by the U.S. Department of Education, including, in appropriate circumstances, the potential loss of federal education funding.

   5. Related Policies, Procedures, and References
      1. Annual Notification of Rights under FERPA
      3. �Ӱ�ԭ�� Policy V-1.02 Student Grievance Procedures