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Policy Contact: Office of the Registrar

1. Purpose

   This policy and its procedures set forth the University’s authority to release certain Education Records and Personally Identifiable Information about Students to the public and Students’ rights with respect to their Education Record.

2. Definitions
    
   1. Directory Information: information designated by the University that would not generally be considered harmful or an invasion of privacy if disclosed and may be disclosed without a Student's prior consent:
      1. Publicly Available Directory Information: Student’s name, class level (undergraduate or graduate), degrees received, major and minor programs of study, hometown, full-time/part-time status, honors and awards, graduation date, and dates of attendance.
      2. Limited Directory Information: Student’s photographic material (not including Student ID photo), videos, or other media containing a Student's image and likeness; and University-issued Student email addresses.
          
   2. Student: an individual who is or has been in attendance at the University and for whom the University has maintained an Education Record.
       
   3. Education Record: as defined under FERPA, records, files, documents, and other materials which contain information directly related to a Student and maintained by the University or person acting for the University. Education Records do not include the following examples:
      1. Alumni records, which include records created or received after a Student is no longer in attendance at the University and that are not directly related to the individual's attendance as a Student;
      2. Employment records, which include records of employment for an individual, whose employment is not contingent on the fact that the individual is a Student, provided the record is used only in relation to the individual's employment;
      3. Health or psychological records, which include records maintained by University Student Health and Counseling Services that are solely for the treatment of a Student and made available only to those persons providing the treatment;
      4. Law enforcement records, which include records maintained by the University for law enforcement purposes, revealed only to law enforcement at the same jurisdiction, and separated from other educational records maintained by the University;
      5. Peer graded records, which include peer graded assignments and papers that are shared among Students in a class before and until they are collected and recorded by the class instructor;
      6. Sole possession records, which include records that are temporarily kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
          
   4. Legitimate Educational Interest: a need to access Student Education Records or PII contained therein for the purpose of performing an appropriate educational, research, or administrative function for the University.
       
   5. Personally Identifiable Information ("PII"): as defined in SDBOR Policy 7.7, PII includes information that can be used to distinguish or trace an individual's identity or, when combined with other personal or identifying information, is linked or linkable to a specific individual. PII includes the specific items set forth in SDBOR Policy 7.7.
       
   6. University Official (or "School Official"): an individual employed by the SDBOR or University, including faculty, staff, contractors, consultants, volunteers, or other parties to whom the University has outsourced services or functions (including law enforcement unit and health personnel), or a Student serving on an official committee, such as a disciplinary or grievance committee, or assisting another University Official in performing their tasks.
       
3. Policy
    
   1. University Officials with access to Education Records and Student PII must follow FERPA, its regulations, SDBOR policies, and this policy and procedures.
       
   2. The Registrar, or designee, is the University Official who coordinates inspection, review, and disclosure procedures for Education Records. Mass information requests of Directory Information are coordinated by the University's Public Records Officer.
       
   3. Education Records must be secured by the University while in storage or transmission. Electronic Education Records will be secured by using SDBOR data security standards and policies.
       
   4. The University may release Publicly Available Directory Information to third parties without the consent of the Student, unless the Student has opted out of the Directory Information.
       
   5. The University may release Limited Directory Information to a University Official through password protected means without the written consent of a Student, unless the Student has opted out of the Directory Information.
       
   6. A current Student may opt out of disclosure of Directory Information. If a Student chooses to opt out of Directory Information, the Education Record will be marked confidential until the request is rescinded.
       
   7. The University shall obtain the proper written consent of a Student before the release of Non-Directory Information from Education Records, and PII contained therein, except as otherwise allowed by law and SDBOR and University policies.
       
   8. Subject to certain restrictions, the University may release Education Records and PII contained in other records without written consent:
      1. To a University Official with a Legitimate Educational Interest. A University Official has a Legitimate Educational Interest if the official needs to review an Education Record in order to fulfill job duties or responsibilities to the University.
      2. To comply with a court order or lawfully issued subpoena. The University will make reasonable efforts to notify the Student unless otherwise prohibited.
      3. To authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local educational authorities in connection with an audit or evaluation of federal- or state-supported education programs, or for the enforcement of compliance with federal legal requirements that relate to those programs.
      4. To financial aid personnel in conjunction with an application for financial assistance for the purposes of determining eligibility, amount, or conditions of aid or to enforce terms and conditions of the aid.
      5. To all appropriate individuals, whose knowledge of the information is necessary to protect the health or safety of the Student or others. If, when taking into account the totality of circumstances pertaining to a threat to the health or safety of the Student or others, the University determines there is an articulable and significant threat, it is determined the information is necessary to protect the health or safety of the Student or others.
      6. To entities conducting studies for, or on behalf of, educational agencies or the University to develop, validate, or administer predictive tests; for Student aid programs; to improve instruction; or to accrediting entities fulfilling accrediting functions.
      7. To the general public, the final results of a disciplinary proceeding, subject to FERPA limitations, if it is determined the Student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the Student has committed a violation of the University's policies with respect to the allegation(s) made against the Student.
      8. To parents or legal guardians of a Student regarding the Student's violation of any federal, state, or local law, or of any University or SDBOR policy, governing the use or possession of alcohol or a controlled substance if the University determines the Student committed a disciplinary violation and the Student is under the age of 21.
      9. To initiate legal action against a parent or Student or to defend the University if a parent or Student initiates legal action and the records are relevant to the action, upon written notice of intended release.
      10. To parents or legal guardians upon written consent of the Student.
           
   9. The University may release Student Education Records without a Student’s consent after removing PII and after making a determination that the Student's identity is not detectible, regardless of the number of releases that would be made in whole or part.
       
   10. Third party recipients of PII may only use the information for the purpose intended and are not permitted to disclose that information to others without the proper written consent of the Student or pursuant to applicable law.
        
   11. Third party recipients who receive information pursuant to the duties they perform for the University may make further disclosures if they are authorized to act on behalf of the University. Information about recipients of further disclosures must be provided to the University.
        
   12. The University affords Students their full rights in conformity with FERPA. These rights include:
       1. The right to inspect and review the Student’s Education Record within 45 days of the day the University receives a request for access.
       2. The right to request an amendment of the Student’s Education Record that the Student believes is inaccurate, misleading, or otherwise in violation of the Student's privacy rights under FERPA. Should the University not subsequently amend the record, the Student will be afforded an opportunity for a hearing, and procedures will be maintained by the Registrar's Office. Academic challenges related to grades must be processed through University Policy 2:4.
       3. The right to provide written consent before the University discloses PII from the Student's Education Record, except to the extent that FERPA authorizes disclosure without consent.
       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. If a Student believes the University is not complying with FERPA, the Student may also attempt to resolve the issue through the Registrar’s Office.
           
   13. Records requests for and any disclosures of Education Records and PII will be maintained by the record custodian for as long as the Education Record in question is maintained by the University in conformity with the requirements of FERPA, SDBOR and University policies, and applicable records retention policies.
        
   14. The University will provide annual notification to Students in attendance of their rights under FERPA through publication, in course catalogs and handbooks. The annual notification will include the information regarding a Student's right to inspect and review their Education Record, the right to seek to amend the Education Record, the right to consent to the disclosure of PII from the Education Record (except in certain circumstances), and the right to file a complaint with the U.S. Department of Education regarding an alleged failure to comply with FERPA. The notice will also inform the Student of the current definitions of the terms "directory information," "school official," and "legitimate educational interest."
        
   15. The University will ensure training on FERPA and its policies is made available to employees and contractors related to FERPA obligations. All University employees who will create and/or access Education Records will receive training to provide general information about FERPA prior to their initial access to Education Records.
        
   16. Failure of any University employee to comply with the requirements of this policy may subject the employee to disciplinary action up to and including termination.
        
4. Procedures
    
   1. Directory Information Opt-Out
      1. A currently enrolled Student seeking to opt out of any or all Directory Information must complete a request form in the Registrar's Office, on or before the census date of a term. The opt out will remain in effect until rescinded by the Student.
          
   2. Inspection Procedures
      1. A Student seeking to inspect and review their Education Record must submit to the Registrar, Dean, Department Head/School Director, or other appropriate University Official, a written request that identifies the record(s) the Student wishes to inspect. The Student may also be required to present picture identification.
         1. If the records are not maintained by the University Official to whom the request was submitted, that official will advise the Student that the request is being forwarded to the correct University Official.
      2. Within fifteen (15) days of receiving the request, the University Official will make arrangements for access and notify the Student of the time and place where the records may be inspected. The inspection will occur within 45 days of receiving the request.
         1. If the Student requests copies of all or parts of the Education Record a reasonable copy fee may be assessed.
             
   3. Amending Procedures
      1. A Student seeking to amend their Education Record must submit a request to the University Official responsible for the record, clearly identifying the record or parts of the record the Student wants to amend and specifying why the record should be amended.
         1. Grounds for amending an Education Record are limited to the information being inaccurate, misleading, or in violation of the Student's rights of privacy.
      2. Within fifteen (15) days of receiving the request, the University Official will notify the Student in writing of the decision to amend.
      3. If the University Official denies the request to amend, the Student will be notified in writing. The Student will have fifteen (15) days to request a hearing before the Vice President for Student Affairs and Enrollment Management, or designee. The Student will be notified of the place, date, and time of the hearing at least fifteen (15) days in advance.
      4. Within thirty (30) days after the hearing, the Vice President for Student Affairs and Enrollment Management, or designee, will issue a decision, including a summary of the evidence presented and the reasons for the decision.
         1. If the Vice President for Student Affairs and Enrollment Management, or designee decides:
            1. the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the Student, the Education Record will be amended accordingly and the Student will be notified in writing.
            2. the information is not inaccurate, misleading, or otherwise in violation of the privacy rights of the Student, the Student will be notified in writing and within fifteen (15) days of the decision, may provide a statement to be placed in the Education Record commenting on the contested information or stating why they disagree with the decision, or both.

   4. If a Student seeks to report violations of this policy for resolution on campus, the Student may do so with the Registrar's Office. If a Student seeks to file a complaint with the U.S. Department of Education, the address is:

      U.S. Department of Education
      Student Privacy Policy Office
      400 Maryland Avenue, SW
      Washington, DC 20202-5901

5. Responsible Administrator

   The Vice President for Student Affairs and Enrollment Management and Registrar, successors, or designees are responsible for the annual and ad hoc review of this policy and its procedures and filing this policy and updates with the SDBOR Executive Director. The University President is responsible for approval of modifications to this policy and its procedures.

Approved by President on 08/01/2014. Revised 01/29/2024 (clerical). Revised; Approved by President on 02/28/2025.

Sources: SDBOR Policies , and ; , and amendments thereto

Associated Forms: FERPA Release Form