D. CONDITIONS OF SERVICE CONTINUED

In accordance with the Family Educational Rights and Privacy Act and for purposes of this policy, an education record refers to that record kept by Andrews University or by any entity within it, that directly relates to a student in terms of specific identification such as name, address, and social security number, education records include records of disclosure and requests for disclosure (see policy #2:151:2:3:3).

The following records do not qualify for protection as education records according to FERPA:

1. records of individual instructional, supervisory and administrative personnel which are in the sole possession of the maker thereof and are not accessible or revealed to any other individual;
2. records of students kept by Campus Safety for law enforcement purposes only and not revealed to any individual except law enforcement officers of the same jurisdiction;
3. employee records maintained in the normal course of business; (Work-study records are, however, included as education records.)
4. health, counseling and guidance records kept by the University Medical Center, Student Health Office, Ruth Murdoch Elementary School, Andrews Academy and the University Counseling Center. These student records were created by physicians, psychiatrists and/or professional counselors solely for treatment purposes and are not disclosed to another individual except for personal review by another physician or appropriate professional of the student’s choice; (However, the achievement, intelligence, interest and personality test scores in the guidance offices and Counseling Center are regarded as education records.)
5. records on a student as an alumnus that only contain information on a student after he/she left the university;
6. records about spiritual and psychological development of students who are candidates for the ministry, and which are maintained by the SDA Theological Seminary and the Department of Religion in the College of Arts and Sciences;
7. applications for admission to the university that were denied, and related records. A student may have applied successfully to another program or course in the university, in which case the related records are education records within the meaning of the Act;
8. financial information submitted by parents;

For the convenience of clients and in compliance with the law, Andrews University annually publishes in the Student Handbook the listing where student education records are kept:

Other individuals who may also have access to a specific student’s records without express approval by the student, and within forty-five days after requesting it in writing from the Registrar, are the following:

1. parents or legal guardians of students under 18 years who are enrolled at the Andrews Academy;
2. parents or legal guardians of students who are enrolled in the Ruth Murdoch Elementary School;
3. parents or legal guardians of a post-secondary student whose status has been determined to be dependent according to the Internal Revenue Code of 1954, Section 152;
4. authorized representatives of the following for audit and evaluation of federal- and state-supported programs;
   1. Comptroller General of the United States
   2. The Secretary of Education, or
   3. State educational authorities
5. State and local officials to whom disclosure is required by state statute adopted prior to November 19, 1974;
6. representatives of the Veterans Administration;
7. persons or organizations providing financial aid to a student, or determining financial aid decisions concerning eligibility, amount, condition and enforcement of the terms of the aid in question;
8. accrediting organizations carrying out their accrediting functions;
9. organizations conducting studies to develop, validate and administer predictive tests, to administer student aid programs, or to improve instruction;
10. appropriate persons who must in emergencies protect the health or safety of a student or other persons;
11. courts of law without subpoena if the parent or student has initiated legal action against the institution OR if the institution has initiated legal action against a parent or student;
12. an alleged victim of a crime of violence or non-forcible sex offense may be notified of the final results of disciplinary proceedings against alleged perpetrators of such crimes;
13. parents or guardians if a student under the age of 21 has violated drug or alcohol laws or institutional policies regarding use of alcohol and other drugs.

The office of the Registrar of Andrews University shall keep a record in the student’s file of requests and the date of inspection of the student’s education records by any of the persons listed in numbers 1-13 above.

Persons other than those listed in policy #2:151:2:3:1 above, such as future employers, or school officials at another institution to which the student has applied for admission may also have access to that student’s education records provided the student has given written permission to the Registrar to release such records.

In all cases where access is granted to the education record of a student as outlined above, Andrews University informs the receiving party by way of the following published statement:

The attached information has been forwarded to you at the request of the student with the understanding that it will not be released to other parties. The Family Education Rights and Privacy Act of 1974, as amended, prohibits release of this information without the student’s written consent. Please return this material to us if you are unable to comply with this condition of release.

In all cases where a request for access to a student’s record had been made, and written permission had been granted (see policies #2:151:2:3:1 and 2 above), a record of both the request and the student’s written approval shall be put in the student’s file by the Registrar, noting also the date when disclosure of the education record was made. Exceptions shall be for the following record of requests:

1. those requests made by students for their own use;
2. those disclosures made in response to written requests from students;
3. those made by school officials;
4. those specified as Directory Information.

A student may request to have the second copy of the grade report sent each semester to a sponsor, employer or to anyone he/she identifies for such.

Upon receipt of a written request from a student, an official transcript will be released providing the student account is financially cleared. The transcript fee is the responsibility of the person requesting the transcript.

Enrolled students of Andrews University and parents/legal guardians of non-collegiate students under 18 years of age or parents of dependent students (see policy #2:151:2:3:1 above), may inspect relevant education records upon a written request to the Registrar’s office. The request will be granted within a period of forty-five days from the time that the request was made. Students/parents/legal guardians wishing to review the relevant education records will arrange an appointment with the Registrar’s office.

Any costs of copying records for personal use will be borne by the student/parent/legal guardian requesting a copy.

1. Students/parents/legal guardians will not be permitted to see any recommendations concerning admission or placement which were written before January 1, 1975.
2. Documents (letters of recommendation) concerning applicants for admission who, at the time of applying waived the right of access to solicited confidential letters of recommendation shall not be open for inspection.

If a student/parent/legal guardian challenges in writing a specific education record as being inaccurate, misleading, and/or a violation of a student’s privacy or other rights, the officer who receives the complaint will within a reasonable period of time inform the student/parent/legal guardian whether corrective action will be taken. If the decision is in agreement with the student’s/parent’s/legal guardian’s request, the appropriate record(s) will be amended.

Students who are not provided full relief in such a challenge are informed of their rights to a formal hearing. When a student/parent/legal guardian requests a formal hearing from a university officer, the president of the university shall appoint a hearing committee of five (5) persons to include the student’s advisor, the university officer in charge of the record, and three (3) other faculty members. The student shall then be afforded a fair hearing and allowed assistance or representation. A written report shall be submitted by the hearing committee to the president including its recommendations according to the requirements of the Family Educational Rights and Privacy Act. The president will make the final decision concerning the expunging or correction of the record.

Andrews University will correct or amend any education record in accordance with the decision of the hearing committee and the president. Should the finding of the hearing committee be unsatisfactory to the student, he/she shall be allowed to file with the education record a statement commenting on the information or setting forth any reason for disagreement with the hearing committee. This statement shall become part of the education record for as long as the record is kept by the university.

The Family Educational Rights and Privacy Act grants institutions the prerogative of defining certain classes of information as directory information for which the institution does not have to obtain prior consent of the student for its release. In harmony with this provision Andrews University has classified the following information as directory information:

• Name
• Dates of attendance
• Local address
• Degrees or certificates (with date) received
• Local phone number
• Scholarships
• Campus e-mail address
• Honors
• Major field of study
• Rewards received
• Year in college
• Participation in officially recognized activities
• Date and place of birth

Directory information is generally released to the media in conjunction with student honors or activities. Public information such as dates of attendance, place and date of birth, names of parents and home address, campus address, verification of degree including honors and previous schools attended is, upon request, given to:

1. Properly identified representatives from federal, state, or local government agencies.
2. Business firms from which students have requested credit, or possible employment.
3. Scholarship donors.

In accordance with the Family Education Rights and Privacy Act Andrews University limits disclosure of educational records or personally identifiable information without the student’s written consent, except to agencies which have a recognized legal need for the information.

Students may each academic term restrict the release of any or all items of directory information by completing a form by the Friday of the first week of classes. A form for this purpose is obtained through the Registrar’s Office.

Andrews University reserves the right to determine the manner in which directory information may be released or to whom it may be released without the consent of the student except where the above restriction has been requested.

For further information on permanent student records, official transcript, unofficial transcripts, class standing, academic and disciplinary records, the reader is referred to policies #2:454, #2:455, #2:456, #2:459 and #2:461.