continued

Chapter 9.  Educational Records

Subchapter 9-100.  General Provisions

Sec. 9-101.  Purpose

The student educational records maintained by the university fall into two general categories: directory information and student records. The purpose of this chapter is to describe various kinds of educational records and to state the permissible uses of these records. These policies and procedures are in full accord with the final regulations implementing the Family Educational Rights and Privacy Act of 1974; copies of this act and its implementing regulations are on reserve in the Undergraduate Library.

Sec. 9-102.  Confidentiality of Records

1. Directory Information
   That part of a student's educational record defined as directory information in section 9-201 is public information and will be made available to the public except as noted in subsection 9-201(3).
2. Student Records
   Student records include all educational records except for directory information and are not public records. The university will maintain the confidentiality of these student records as indicated in section 9-202.
3. Information in a student's educational record may be released by the university as directed by the president in an emergency if the information is necessary to protect the health or safety of the student or other persons.

Sec. 9-103.  Information Not Recorded

No record will be kept that reflects a student's political attitudes, beliefs, or activities.

Sec. 9-104.  Definitions

In this chapter, unless the context requires a different meaning,

1. "educational record" means the official record of a student which is maintained by the university for use by the university and includes directory information and student records. "Educational record" does not include the personal records of university personnel which are maintained in the sole possession of and for the sole use of the maker thereof or a temporary substitute for the maker; the records of law enforcement units which are maintained solely for law enforcement purposes; employment records related exclusively to an individual's employment capacity; medical and psychological records; thesis or research papers; or records that only contain information about an individual after the individual is no longer a student at the university.
2. "student" means a person enrolled or formerly enrolled at the university;
3. "president" means the president of the University of Texas at Austin;
4. "university" means the University of Texas at Austin.

Subchapter 9-200.  Directory Information and Student Records

Sec. 9-201.  Directory Information

1. "Directory information" is defined as a student's name, local and permanent address, electronic mail address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height if a member of an athletic team, dates of attendance, degrees, awards and honors received, the most recent previous educational institution attended, and other similar information.[7]
2. Directory information is public information and will be made available to the public except as noted in subsection 9-201(3).
3. a currently enrolled student may request that all directory information not be made public by completing an appropriate request form in the Office of the Registrar during the first twelve class days of any semester or the first four class days of any summer term. This request will remain in effect until revoked by the student, or until the student fails to register for a subsequent long-session semester. In the event of such a request, this information will be treated as student records information, subsection 9-202(1)(a), and, in response to public inquiries, the university will verify only whether an individual is currently enrolled at the university.

Sec. 9-202.  Student Records

1. Student records include educational records maintained by the university except for directory information. Student records include
   1. official university academic and personal records relating to scholastic, disciplinary,[7] and fiscal matters as well as records maintained by university offices and agencies providing services sought voluntarily by individual students. The university shall not permit access to or the release of personally identifiable information contained in these records without the written consent of the student to any party other than the following:[8]
      1. appropriate university administrators, faculty, or staff and appropriate administrators or staff of the Ex-Students' Association who require access to educational records in order to perform their legitimate educational duties when such records are needed in furtherance of the educational or business purposes of the student or university;
      2. (ii)  officials of other schools in which the student seeks or intends to enroll, upon request of these officials, and upon the condition that the student be notified and receive a copy of the record if desired;
      3. (iii)  federal, state, or local officials or agencies authorized by law;
      4. (iv)  in connection with a student's application for, or receipt of, financial aid;
      5. accrediting organizations or organizations conducting educational studies, provided these organizations do not release personally identifiable data and provided they destroy such data when it is no longer needed for the purpose for which it was obtained;[9]
      6. (vi)  the parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954, provided a reasonable effort is made to notify the student in advance;
      7. (vii)  in compliance with a judicial order or subpoena, provided a reasonable effort is made to notify the student in advance unless such subpoena specifically directs the institution not to disclose the existence of a subpoena; or
      8. (viii)  to an alleged victim of any crime of violence, the results of the alleged perpetrator's disciplinary proceeding may be released.
2. Upon written request, the university shall provide a student access to his or her records described in subsection 9-202(1)(a) except for:
   1. financial records of the student's parents or guardian; and
   2. confidential letters of recommendation where the student has signed a waiver of right of access to letters of recommendation which were placed in the educational records of the student after January 1, 1975, or confidential letters of recommendation placed in the educational records of a student prior to January 1, 1975.
3. The official custodian of records at the university is the vice president for business affairs. Since the university does not maintain a central repository for student records, inquiries for access to specific student records should be made to the university office or agency concerned with the particular record. Requests for assistance in locating individual student records should be directed in writing to the custodian of records.
4. A student may obtain copies of his or her records described in subsection 9-202(1)(a) at a cost of ten cents per page, except for an official transcript of academic record, $5, and an unofficial copy of the permanent academic record, $5. Education records covered by the Family Educational Rights and Privacy Act of 1974 normally will be made available within forty-five days of the request.
5. The contents of a student's educational record may be challenged by the student on the grounds that the record is inaccurate, misleading, or otherwise in violation of the privacy rights of the student by submitting a written statement to the custodian of records. If the dispute cannot be resolved by informal proceedings, the student may request a formal hearing. The request must be made in writing to the custodian of records who, within a reasonable period of time after receiving such request, will inform the student of the date, place, and time of the hearing. A student may present evidence relevant to the issues raised and may be assisted or represented at the hearing by one or more persons of the student's choice, including attorneys, at the student's expense. The hearing officer that will adjudicate such challenges will be appointed by the president. Decisions of the hearing officer will be final, will be based solely on the evidence presented at the hearing, will consist of written statements summarizing the evidence and stating the reasons for the decision, and will be delivered to all parties concerned. The education records will be corrected or amended in accordance with the decision of the hearing officer, if the decision is in favor of the student. If the decision is unsatisfactory to the student, the student may place with the education records statements commenting on the information in the records or statements setting forth any reasons for disagreeing with the decision of the hearing officer, or both. The statements will be maintained as part of the student's records and released whenever the records in question are disclosed. Students who believe that the adjudications of their challenges were unfair or not in keeping with the provisions of the Family Educational Rights and Privacy Act may request, in writing, assistance from the president.
6. Complaints regarding alleged failures to comply with the provisions of the Family Educational Rights and Privacy Act may be submitted in writing to the Family Policy Compliance Office, US Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605.
7. In addition to the procedures described in subsection 9-202(5), general categories of educational records are periodically reviewed and obsolete information is removed and destroyed in accordance with procedures approved by the president.

Sec. 9-203.  Official Transcripts of Records

1. The Office of the Registrar shall send, issue, or release a student's official transcript of record only:
   1. at the student's written request; or
   2. in accordance with subsection 9-202(1)(a).
2. A transcript of record shall contain only the information described in section 9-402 and shall not be furnished either in part or with information omitted or deleted.
3. The registrar shall maintain a "Register of Requests for Official Transcripts." The register of requests is part of the student record.
4. Withholding of an official transcript or degree may be imposed upon a student who fails to pay a debt owed the university, and the penalty terminates upon payment of the debt.
5. The dean of students, the president, or the Office of the Chancellor may withhold the issuance of a transcript or a degree pending a hearing against a student who violates a rule or regulation of the university system or the university, when in the opinion of the official, the interest of The University of Texas System or the university would be served by interim action.

Subchapter 9-300.  Disciplinary Records

Sec. 9-301.  Disciplinary Record [10]

1. The university shall maintain a permanent written disciplinary record for every student assessed a penalty of suspension, expulsion, denial or revocation of a degree, and/or withdrawal of a diploma. A record of scholastic violations shall be maintained for at least five years where the penalty assessed is other than those noted above. The disciplinary record shall reflect the nature of the charge, the penalty assessed, and any other pertinent information.
2. The contents of a student's disciplinary record may be made available by the president or the president's delegate to appropriate university officials who have a legitimate educational interest.
3. The contents of a student's disciplinary record may be made available to persons outside the university only upon written request of the student, or in accordance with 9-202(1)(a)(viii), or in response to a court order or subpoena.

Subchapter 9-400.  Official Transcripts

Sec. 9-401.  Office of the Registrar

The registrar compiles, maintains, and administers official transcripts of record.

Sec. 9-402.  Content of Transcripts

Each student's official transcript of record contains the following information:

1. name of the student;
2. birthdate;
3. name and city of high school attended and date of graduation (unless admitted as a transfer student);
4. transfer credits, if any;
5. courses taken, hours completed, grades received, grading system, and grade point average;
6. for undergraduate students, a symbol showing scholastic probation or dismissal, if any, during the period of probation or dismissal; for graduate students, a symbol showing scholastic dismissal;
7. type of degree granted by the university and honors received; and
8. date of graduation from the university.

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