Honor Code

RECORDS MANAGEMENT

Note: This policy is taken from the University Electronic Handbook and is subject to change by authorized university personnel at any time.

HONOR CODE OFFICE STUDENT EDUCATIONAL RECORDS
The Honor Code Office (HCO) maintains student educational records relating to determined Honor Code violations and implemented actions. These records are maintained in accordance with the university's Access to Student Records policy. Students and qualifying parents may inspect the nonconfidential HCO records upon completion of an HCO Student Record Review Request Form.

ACCESS TO STUDENT RECORDS

Policy Implementation of FERPA
The Family Educational Rights and Privacy Act (FERPA) regulates access to student educational records at colleges and universities receiving federal financial assistance. This Act is applicable to BYU as a recipient of federal funds under the Pell Grant and Guaranteed Student Loan programs.

This policy, in compliance with FERPA, governs access to student educational records and identifies the procedures students may follow to obtain or restrict access to their educational records. This document is not intended, however, to fully implement the university Access to Student Records Policy. Individual academic departments and administrative areas should prepare their own policies and procedures consistent with this comprehensive university policy.

The dean of Admissions and Records is responsible for university compliance with this policy. This policy applies to the records of students who are both admitted and enrolled or who have previously attended the university. It does not apply to applications of persons who were not admitted, nor to other correspondence with the university.

Educational Records
This policy applies to any educational record (in handwriting, print, tapes, film, or other medium) maintained by BYU which is directly related to a student. The following are not classified as educational records under FERPA:

1. Records kept by faculty, staff, administrative, or auxiliary personnel for their own use if kept in the personal possession of the person who made them and the record has not been made available to any other person except the maker's temporary substitute. These personal notes are to be referred to in departmental and administrative records policies as sole possession records.

2. An employment-related record which does not result from student status. (Example--Records of student performance in work study or teaching assistant settings are educational records, but the employment records of students hired for positions unrelated to academic performance such as grounds or building maintenance are not educational records provided the record is used only in relation to employment.)

3. University law enforcement records that are created and maintained by University Police for a law enforcement purpose. University law enforcement records do not include any records generated or maintained by University Police relating to matters internal to BYU.

4. Parents' confidential financial statements, income tax records, and reports received by the university.

5. Records maintained by BYU health or counseling services which are used only for treatment and made available only to those individuals providing the diagnosis and treatment. Patient access to medical or counseling records is provided upon submission of written patient authorization according to university policy.

6. Alumni records which contain only information about a student after he or she is no longer attending the university and do not relate to the person as a student.

ANNUAL NOTIFICATION

The university General Catalog shall include a notice which shall contain the following information:

1. The right of a student to inspect and review educational records

2. The right of a student to petition BYU to amend or correct any part of the educational record believed to be inaccurate, misleading, or in violation of the privacy or other rights of students through application to the Office of Admissions and Records

3. The right of the student to consent to disclosure of personally identifiable information contained in the student's educational records, except as otherwise authorized by law

4. The right of any person to file a complaint with the Family Policy and Regulations Office, U.S. Department of Education, Washington, D.C. 20202, if BYU violates FERPA

5. The right of the student to obtain a copy of this policy

STATEMENT OF RIGHTS

BYU encourages students to exercise all of their rights under FERPA and this policy. Since the student's educational record will be used repeatedly by university officials and others to make important decisions affecting the student's academic program and future career, the student should make certain the educational record is complete and accurate.

This policy is intended to inform students about BYU's procedures to provide students the rights to

1. inspect and review their educational records;

2. exercise control, with some limitations, over disclosures of information contained in their educational records;

3. correct errors or omissions in their educational records and a hearing if necessary when they believe that their records are inaccurate, misleading, or in violation of the privacy or other rights of students;

4. be informed about their FERPA rights; and

5. report violations of FERPA to the Family Educational Rights and Privacy Act Office, Department of Education.

LOCATIONS OF STUDENT EDUCATIONAL RECORDS

The following list describing the type, location, and custodian of university student educational records is illustrative and not comprehensive. Other student educational records may be found in a variety of locations throughout campus. A student having questions concerning the location of educational records should direct an inquiry to the applicable department or college.

PROCEDURE TO INSPECT EDUCATIONAL RECORDS

FERPA controls access to student educational records. Brigham Young University will make a reasonable effort to provide eligible students and qualifying parents the rights granted by the act. On presentation of appropriate identification and under circumstances that prevent alteration or mutilation of records, a student with proper identification will be permitted to inspect all educational records not restricted by a pledge of confidentiality or considered to be private records of university personnel. Those with legitimate access to the records will be charged a reasonable fee for copies.

Students are encouraged to submit to the record custodian or to appropriate university personnel a written request which identifies as precisely as possible the record the student wishes to inspect. However, oral requests may be honored upon proper presentation of identification and in circumstances where a written request would be burdensome or impractical.

The record custodian or appropriate university personnel will make reasonably prompt arrangements for access and notify the student of the time and place where the records may be inspected.

When a record contains information about more than one student, the student may inspect and review only that portion relating to the requesting student.

RIGHT OF UNIVERSITY TO REFUSE ACCESS

The following records are not available for review by students:

1. The financial statements and tax returns of the student's parents

2. Letters and statements of recommendations to which the student has waived the right of access, or which were placed in the student's file before January 1, 1975

3. Records connected with an application to attend BYU or a component unit of BYU if that application was denied

4. Any records which are not educational records as defined by FERPA or this policy and which are not otherwise accessible pursuant to law

REFUSAL TO PROVIDE COPIES

BYU reserves the right to deny transcripts or copies of educational records if

1. the student has an unpaid financial obligation to the university;

2. there is an unresolved disciplinary action against the student;

3. there is unresolved litigation between the student and the university;

4. the student has failed to comply with the decision of the BYU Housing Arbitration Board; or

5. other cases as determined by the university policy on Registration and Academic Holds or as determined appropriate by the university.

COPIES OF RECORDS

If for any valid reason such as work hours, distance from a student's place of residence to a record location, distance between record location sites, or health, a student cannot inspect and review his or her educational record in person, BYU will arrange for the student to obtain copies. A reasonable fee for copies will be charged. There is no charge for search or retrieval of educational records nor for personal inspection of educational records.

DISCLOSURE OF STUDENT EDUCATIONAL RECORDS WITHOUT WRITTEN CONSENT

BYU will disclose student educational records without the written consent of the student in the following limited circumstances:

School Officials and Agents of the University
Student educational records can be released to school officials and to specified agents of the university who have a legitimate educational interest in the records. A school official or specified agent of the university is

1. a member of the board of trustees;

2. a person employed by the university in an administrative, supervisory, academic, research, or support staff position; or

3. a person employed by, under contract to, or designated by the university to perform a specific task.

A school official or specified agent has a legitimate educational interest if the official is

1. performing a task that is specified in his or her position description or by contract agreement;

2. performing a task related to a student's education;

3. performing a task related to student discipline; or

4. performing a service or benefit relating to the student or the student's family, such as health care, counseling, job placement, or financial aid.

Officials of Another School
Student educational records can be released to officials of another school, upon request, in which a student seeks or intends to enroll.

National, State, and Local Government Officials
Student educational records can be released to certain officials of the U.S. Department of Education, the Comptroller General, and state and local educational authorities in connection with certain state- or federally-supported education programs.

Financial Aid
Student educational records can be released in connection with a student's request for or receipt of financial aid, as necessary to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.

State Law
Student educational records can be released as required by state law disclosure that was adopted before November 19, 1974.

Organizations Conducting Studies
Student educational records can be released to organizations conducting certain studies for or on behalf of the university on condition that the organizations conducting the studies not permit the personal identification of students by anyone other than the organizations' representatives. Additionally, all information provided must by destroyed by the requesting organizations when no longer needed for study purposes.

Accrediting Organizations
Student educational records can be released to accrediting organizations to carry out their functions.

Parents
Student educational records can be released to parents of an eligible student who claim the student as a dependent for income tax purposes. Parents requesting information from a student's file shall be responsible to demonstrate that the student in question is a dependent pursuant to Section 152 of the Internal Revenue Code.

Judicial Orders
Student educational records can be released to comply with a judicial order or a lawfully-issued subpoena in which case the order or subpoena shall be directed to the Office of General Counsel for review prior to dissemination of the educational record. The university will make a reasonable attempt to notify the student in advance of disclosure when nondirectory information is released in response to subpoenas or court orders.

Emergencies
Student educational records can be released to appropriate parties in a health or safety emergency.

RECORD OF REQUEST FOR DISCLOSURE

Each custodian of educational records at BYU will maintain a record of all off-campus requests for and disclosures of information from a student's applicable educational records file. The record will indicate the name of the party making the request and the legitimate interest the party had in requesting or obtaining the information. The record of the request for disclosure may be reviewed by an eligible student or qualifying parents.

DIRECTORY INFORMATION

BYU designates the following items as directory information:

• student name
• home and local address
• telephone listing
• date and place of birth
• major field of study
• information relative to participation in officially recognized activities and sports
• height and weight of members of athletic teams
• dates of attendance
• degrees and awards received, and
• the most recent educational institution attended.

In addition, the university will disclose a student's religious affiliation to his or her local church or congregation. The university may disclose any of these items and any other information contained in the educational record of a student which would not be harmful or an invasion of privacy. Any student who does not wish to have the designated directory information disclosed may file a written notification of his or her objection with the Registrar's Office (B-150 ASB) on or before the tenth day of a semester or the sixth day of a term. Forms for this purpose will be made available at that office upon request.

CORRECTION OF EDUCATIONAL RECORDS

Students have the right to ask to have educational records corrected that are inaccurate, misleading, or maintained in violation of their privacy or other rights. In cases of alleged academic dishonesty or of an unfair or mistaken evaluation, the students must pursue redress under the Student Academic Grievance policy. In cases of alleged violations of the university Honor Code, the student must pursue redress under the applicable policies and procedures of the HCO. In cases of other nonacademic, extenuating circumstances or emergencies potentially affecting a student's educational records, students must pursue redress under BYU's Exception of University Policy. In all other cases of challenge to the content of a student's educational records, not otherwise governed by established university policy, this policy will apply. Under this policy, the process must be initiated within one year from the semester or term in question. The following are the applicable procedures:

1. A student must file a written request with the custodian of the applicable BYU educational record to amend the record. The request should identify the part of the record requested to be changed and specify why the student believes it to be inaccurate, misleading, or in violation of the student's privacy or other rights.

2. The dean or supervisor of the university area maintaining the records shall promptly review the facts and seek to resolve the complaint by informal discussions with the student.

3. If the dean or supervisor decides not to comply with the request, BYU will notify the student in writing.

4. A student who disagrees with the decision has a right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's rights. Upon written request to the dean of Admissions and Records, a hearing will be scheduled and the student will be provided reasonable advance notification of the date, place, and time of the hearing. The hearing will be conducted by the university FERPA Committee consisting of three disinterested individuals appointed from the Office of Student Life and the Office of Admissions and Records or other appropriate custodian of the student educational records. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's educational records. The student may be assisted by one or more individuals, including an attorney, at the expense of the student. The hearing panel will be advised on matters of procedure and law by the Office of General Counsel. The hearing panel will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.

If the hearing panel finds that the information is not inaccurate, misleading, or in violation of the student's right of privacy or other rights, the record will be maintained, but the student will be notified of the right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision. The statement will be maintained as part of the student's educational records as long as the contested portion is maintained. If BYU discloses the contested portion of the record, it will also disclose the statement. If the hearing panel decides that the information is inaccurate, misleading, or in violation of the student's right of privacy or other rights, it will amend the record and notify the student, in writing, that the record has been amended.