§ 3-607 FERPA Hearing Panel

  1. General principles:
    1. Request for a hearing must be specific to a record, be submitted in writing, and include an explanation or justification of the request for a hearing.
    2. Once a hearing has been held in accordance with some other university activity by a duly constituted board or committee, a separate FERPA hearing on the content of a record will not be allowed. The existing hearing processes (capricious grading, student disciplines) already provide for an opportunity for appeal.
    3. The Registrar will appoint a hearing panel and serve as the chair.
    4. Decisions reached by the hearing panel will be final; there is no further appeal within the university.
  2. A FERPA Hearing panel shall operate in accordance with the following guidelines:
    1. Hearings will not be open to the public.
    2. Neither party, nor representatives thereof, shall serve on the panel.
    3. Decisions of the hearing panel will be by majority vote.
    4. Decisions of the hearing panel will be based solely on the information presented at the hearing and must include a summary of the information and the reasons for the decision.
    5. The student shall have the right to attend the hearing; present information, request witnesses, and to be assisted by one or more individuals of their choice at their expense, including an attorney. If the student chooses to have an attorney present, they must notify the hearing panel no later than three (3) days prior to the hearing. The role of an attorney in the hearing process is limited to advising the client and, in no event, shall the attorney have a speaking part in the proceedings.
    6. Results of the hearing will be communicated in writing to the student and the custodian within a reasonable amount of time.
    7. If, as a result of the hearing, the hearing panel determines the record is inaccurate, misleading or otherwise in violation of the privacy rights of the student, the record shall be amended accordingly by the record custodian.
    8. If, a hearing is not permitted under § 3-607(2), or as a result of the hearing, the hearing panel determines the record is not inaccurate, misleading or otherwise in violation of the student’s privacy rights, the student will be informed of the right to place a statement in the record commenting on the contested information and/or stating why the student disagrees with the decision of the university. That statement will be maintained with the contested part of the record for as long as the record is maintained and will be disclosed whenever the part of the record to which it relates is disclosed.