Student Judicial Records
The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law that provides regulations regarding the access, review, amendment, and disclosure of student educational records. Student judicial records are included in the definition of educational records. The requirements of this law with respect to student judicial records are covered in the information which follows. For a complete statement on the University’s “Policy and Guidelines” regarding student records, please contact the Office of Academic Records.
Any student has the right to inspect his or her own judicial file. The information contained therein will be made available to the student upon completion of the “Request for Information from University Files” form available in the Office of Academic Records. No one outside the University shall have access to the student’s records nor will the University disclose any information from these records without the written consent of the student,except under those circumstances that are permitted by FERPA. Students are advised that potential graduate schools or employers may request information on disciplinary status. Under the FERPA regulations,the University may disclose a student’s records to school officials of another institution in which a student seeks to enroll. However, judicial materials will not be sent unless the student specifically authorizes the University to do so in writing to the Office of Academic Records. Within the University community, only those members individually or collectively who have a legitimate educational interest in the student records are allowed access to the records. It shall be the responsibility of the Dean of Student Life in response to any authorized inquiry to inspect the records of any student, and to provide an explanation in writing, if necessary, as to the nature and severity of any violation in which the student in question has been sanctioned.
Maintenance of Records
When a student is found responsible for violating the University’s Code of Conduct either by administrative action, a hearing officer, or by the University Judicial Council, a disciplinary file for the student is created. This file contains all information pertinent to any and all judicial proceedings in which the student has been involved. Each subsequent time a student is found responsible for violating a regulation, his or her record is used in determining a sanction. The records of any student contained in the judicial file shall be maintained by the Dean of Students' office until the student’s graduation from the University, at which time it will be destroyed. An exception will be made to this policy, however, in those instances where the judicial proceedings resulted in a student’s suspension or expulsion from the University. In such a case, a notification will appear on the student’s record, and the documents containing the relevant sanction will be maintained to substantiate this notation.
Challenges to Records
Any student may contest the content of his or her judicial records. Students who believe that their records contain information that is inaccurate, misleading, or otherwise in violation of their privacy or other rights, should discuss those concerns with the Dean of Students. If this discussion does not lead to a resolution of the student’s concerns, the student has the right to a formal hearing upon written request to the University Registrar or Law School Registrar, in accordance with the University’s FERPA “Policy and Guidelines.” Should the hearing panel decide that the judicial records challenged are misleading,inaccurate or in violation of the student's other rights,the student shall be so notified and the record shall be corrected or amended accordingly. Should the hearing panel decide otherwise, the student shall be notified and informed of his or her right to place a statement in the judicial record commenting on the information in the records, and/or any reason for disagreement with the hearing panel’s decision. This statement will become part of the student’s judicial record and will be released in the event that the records in question are disclosed.
Updated on Monday, August 20, 2012