codeFERPA

Code of Conduct

V.  FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

The Family Educational Rights and Privacy Act (FERPA) was passed by Congress in 1974 to ensure the confidentiality of students' education records. Under current FERPA regulations, a student's educational records, including the outcomes of campus disciplinary proceedings, must be kept confidential by the institution.  The following 2000 amendments to FERPA permit postsecondary institutions to disclose certain judicial information.

Under What Conditions is Prior Consent Not Required to Disclose Information?

Alcohol or Drug Possession Disclosure

Section 99.12 was amended to include the following:

(1)  IN GENERAL - Nothing in this Act or the Higher Education Act of 1965 shall be construed to prohibit an institution of higher education from disclosing, 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 institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student's education records, if

• (A) the student is under the age of 21; and
• (B) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.

 

Disclosure to Victims of Violent Crimes

Section 99.31 was amended to include the following:

The disclosure, subject to the requirements in Section 99.39, is to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense.  The disclosure may only include the final results of the disciplinary proceeding conducted by the institution of postsecondary education with respect to that alleged crime or offense.  The institution may disclose the final results of the disciplinary proceeding, regardless of whether the institution concluded a violation was committed.