129 Educational Records - Appendix A
The university will not disclose educational records or personally identifiable information from a student's educational records without prior written consent of the student, except as authorized by law. The university is authorized by law to release without consent the following:
Directory Information: Directory information (as defined in HOOP Policy 129) may appear in public documents and may otherwise be disclosed without student consent unless a student submits a written request to the Registrar during the first 12 days of class of a fall or spring semester or the first four 4 class days of a summer semester to withhold such information from disclosure. Requests to withhold directory information will be honored as a permanent request by the university unless notified otherwise.
University Officials: University officials with legitimate educational interests in the student's educational records are allowed access to student educational records. Inter-institutional disclosures may be made between institutions that administer or participate in joint programs or activities, in accordance with legitimate educational interest criteria.
Other Institutions: The university may release a student's educational records to officials of other educational institutions in which that student seeks or intends to enroll or is enrolled.
Audit or Evaluation of Federal or State Education Programs: The UT System Board of Regents, authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of Education and state and local educational authorities may have access to student records in connection with the audit and evaluation of federal or state supported education programs, or in connection with the enforcement of Federal law which relates to such programs.
Financial Aid: The university may release a student's educational records to persons or organizations in connection with that student's application for, or receipt of, financial aid, but only to the extent necessary for such purposes as determining eligibility, amount, conditions and enforcement of terms or conditions of such financial aid.
State and Local Officials Pursuant to Statute Concerning Juvenile Justice: The university may release educational records to state and local officials authorized by statute to access student educational records in order to efficiently serve the student.
Organizations Conducting Studies: The university may release educational records to organizations conducting studies for, or on behalf of, the university for the purpose of developing, validating or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in a manner which will not permit the personal identification of students and/or their parents by individuals other than representatives of the organization, and the information will be destroyed when no longer needed for the purposes for which the study was conducted. The term "organizations" includes, but is not limited to, federal, state and local agencies, and independent organizations.
Accrediting Organizations: The university may release educational records to accrediting organizations in order to carry out their accrediting functions.
Judicial Order or Subpoena: Information concerning a student shall be released in response to a judicial order or lawfully issued subpoena. The university will make reasonable efforts to notify the student of an order or subpoena before complying with it, except that the university shall not notify a student of a subpoena if it is from a federal grand jury or is for law enforcement purposes, and it provides that the university shall not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena. Educational records may be disclosed to the United States Attorney General or his or her designee in response to an ex parte order concerning an authorized investigation or prosecution of domestic or international terrorism, without prior notice to the student.
Health and Safety: The university may disclose student information in an emergency in order to protect the health and safety of the student or others in the university community.
Defense of Litigation of Complaints against the University: If a student initiates legal action against the university, the university may disclose to the court or agency with jurisdiction over the complaint, without a court order or subpoena, the student’s educational records that are relevant for the university to defend itself.
Disciplinary Hearing Results:
- Disclosure to Victims: The university may disclose to an alleged victim of any crime of violence or a non-forcible sex offense (as those terms are defined in 34 C.F.R. 99.39), the final results of any disciplinary proceeding conducted by the university against the alleged perpetrator of such crime or offense with respect to such crime or offense, regardless of whether the alleged perpetrator was found responsible for violating the university's rules or policies with respect to such crime or offense.
- Disclosure to Third Parties: The university may disclose the final results of any disciplinary proceeding against a student who is an alleged perpetrator of any crime of violence or non-forcible sex offense (as those terms are defined in 34 C.F.R. 99.39), if the student is found responsible on or after October 7, 1998, for violating the university's rules or policies with respect to such crime or offense. Such disclosure shall include only the name of the student, the violation committed and any sanction imposed by the university on that student. Such disclosure may include the name of any other student, such as a victim or witness, only with the written consent of that other student.
Alcohol and Drug Violations: The university may disclose to a parent or legal guardian of a student information regarding any violation of any federal, state, or local law, or of any rule or policy of the university, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student's educational records. The university may disclose such information if the student is under the age of 21 at the time of disclosure to the parent, and the university determines that the student is responsible for a disciplinary violation with respect to such use or possession.
Sex Offenders: The university may disclose information concerning sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071 if the information was provided to the educational agency or institution under 42 U.S.C. 14071 and applicable Federal guidelines.