Navigating UTEP Student Directory Information and Education Records
Understanding the policies surrounding student directory information and education records at the University of Texas at El Paso (UTEP) is crucial for students, parents, and university officials alike. These policies, grounded in both federal law (FERPA) and state law (TPIA), govern the privacy, access, and accuracy of student information. This article aims to provide a comprehensive overview of these regulations and procedures at UTEP.
Defining Key Terms
To navigate the complexities of student records, it's essential to understand the following definitions:
- Student: An individual, regardless of age, who is or has been in attendance at the University.
- Education Record: Records of instructional, administrative, and educational personnel that are in the sole possession of the maker.
- Personally Identifiable Information: Information obtained from or contained in an Education Record that can be used to identify a student to whom the record relates or another student.
- Directory Information: Information in a student's Education Record that would not generally be considered harmful or an invasion of privacy if disclosed.
Directory Information: What Can Be Disclosed?
UTEP may disclose directory information without a student's consent. This information may appear in public documents. However, students have the right to withhold this information. To do so, a student must submit a written request to the Registrar during a specific timeframe: the first twelve (12) days of class of a fall or spring semester, the first four (4) class days of a summer semester, or the first three days of any quarter. The University's Annual Notice will also designate applicable deadlines.
Access to Education Records Without Consent
While student consent is generally required for the disclosure of Education Records, there are several exceptions:
- University Officials with Legitimate Educational Interest: University officials with a Legitimate Educational Interest in an Education Record are allowed access without need for prior consent.
- Inter-institutional Disclosures: Disclosures may also be made between institutions that administer or participate in joint programs or activities, in accordance with legitimate educational interest criteria. For example, an Education Record about a student concurrently enrolled in the University and another institution, or who receives services from the University and from another institution, may be disclosed by the University to the other institution under this subsection.
- Organizations Conducting Studies: Organizations conducting studies for, or on behalf of the University for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, may access Education Records for such studies provided that the study is conducted in a manner which will not permit the personal identification of students and/or their parents by individuals other than representatives of the organization; and the information will be destroyed when no longer needed for the purposes of the study.
- Parents of Dependent Students: A parent of a student who is a dependent for federal tax purposes, as defined by Section 152 of the Internal Revenue Code of 1954, may access the student's Education Records if the student provides a written designation that permits such access.
- Judicial Orders and Subpoenas: Student Education Records may be disclosed to comply with a judicial order or lawfully issued subpoena. The University must make a reasonable effort to notify the student of an order or subpoena before complying with it, except that the University shall not notify a student of a subpoena if it is from a federal grand jury or is for law enforcement purposes, and the subpoena or order requests the University not to disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena.
- Victims of Violent Crimes: The University may disclose to an alleged victim of any crime of violence or a non-forcible sex offense (as those terms are defined in 34 C.F.R.
- Disciplinary Proceedings: The University may disclose the final results of any disciplinary proceeding against a student who is an alleged perpetrator of any crime of violence or a non-forcible sex offense (as those terms are defined in 34 C.F.R. 99.39), if the student is found responsible for violating the University's rules or policies with respect to such crime or offense. Such disclosure shall include only the name of the student, the violation committed, and any sanction imposed by the University on that student.
Accessing Your Education Records
Students have the right to access their Education Records. The Vice President for Business Affairs is designated as the official custodian of the Universityâs Education Records. Student Education Records are maintained at several locations on campus. A list of Education Records and those officials responsible for the records shall be maintained in the Office of the Vice President for Business Affairs. Requests by a student for Education Records that are available to a student under an applicable provision of the TPIA shall be processed in accordance with policies for access to records under the TPIA. The Vice President for Business Affairs has been designated as the official custodian of records for the University, and requests for assistance in determining the location of an individual studentâs records may be directed to that office.
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Amending Education Records
Students who believe their Education Record is inaccurate, misleading, or violates their privacy rights under FERPA have the right to request an amendment.
Informal Request
A student may informally request the opportunity to discuss amendment of the record with the University office concerned with the particular record. If agreement is reached with respect to the student's request, the appropriate records will be amended.
Formal Hearing
If an informal resolution cannot be reached, the student can request a formal hearing. Request for a hearing must be made in writing to the Vice President for Business Affairs, who within a reasonable period of time after receiving such request, will inform the student of the date, place, and time of the hearing. The student may present evidence at the hearing relevant to the issues raised and may be assisted at the hearing by a representative(s) of the student's choice, including legal counsel, at the student's expense.
Outcome of Hearing
If the decision is that the Education Record will not be amended/corrected, the student may place with the Education Record a statement commenting on the information in the record, and/or a statement of the reasons why the student disagrees with the hearing officerâs decision.
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