4.184 Provost
STUDENT RECORDS POLICIES AND PROCEDURES
Date Adopted/Most Recent Revision: 05/13/05
  1. Definitions
    For the purpose of this policy, Midwestern Sate University (MSU) has used the following definitions of terms.

    1. Student:
      Any individual who is or has been in attendance at MSU and regarding whom MSU maintains education records.

    2. Education Records:
      Any records (in handwriting, printing, tapes, film, or other medium) maintained by MSU or an agent of the university which are directly related to a student, except:

      1. A personal record kept by a school official if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.
      2. An employment record of an individual whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual's employment
      3. Records maintained by the MSU Police Department if the record is maintained separately from education records, is maintained solely for law enforcement purposes, and is revealed only to law enforcement agencies of the same jurisdiction.
      4. Records maintained by the MSU Vinson Health Center which are considered to be privileged and confidential. Information cannot be released without written consent of the person identified in the record, or the release of information is otherwise permitted by law.
      5. Records maintained by the MSU Counseling Center which are considered to be privileged and confidential. Information cannot be released without written consent of the person identified in the record, or the release of information is otherwise permitted by law.
      6. Alumni records which contain information about a student after they are no longer in attendance at the university and which do not relate to the person as a student.
    3. School Official
      A school official is:

      1. A person employed by MSU in an administrative, supervisory, academic or research, or support staff position.
      2. A person elected to the Board of Regents of MSU.
      3. A person employed by or under contract to MSU to perform a special task, such as the attorney or auditor.
  2. Annual Notification
    Students will be notified of their Family Educational Rights and Privacy Act of 1974 (FERPA) rights by publication in the class schedules which are published three (3) times each year, in the MSU Undergraduate Catalog and MSU Graduate Catalog which are published biennially, and in the MSU Student Handbook which is published annually.

  3. Procedure to Inspect Education Records.

    1. Students may inspect and review their education records upon request to the appropriate record custodian.
    2. Students should submit to the records custodian or an appropriate university staff person a written request which identifies as precisely as possible the record or records they wish to inspect.
    3. The records custodian or an appropriate university staff person will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given in forty-five (45) days or less from the receipt of the request.
    4. When a record contains information about more than one (1) student, the student may inspect and review only the records which relate to him/her personally
  4. Right of University to Refuse Access
    MSU reserves the right to refuse to permit a student to inspect the following records:

    1. The financial statement of the student's parents.
    2. Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in file before January 1, 1975. This exception applies as long as the letters or statements of recommendation are used only for the purposes for which they were specifically intended.
    3. Those records which are excluded from the FERPA definition of education records unless those records re available under the Texas Open Records Act.
  5. Refusal to Provide Copies
    MSU reserves the right to deny transcripts or copies of records not required to be made available by the FERPA in any of the following situations:

    1. The student has an unpaid financial obligation to MSU.
    2. There is an unresolved disciplinary action against the student.
  6. Fees for Copies of Records
    The guidelines contained in Policy 4.185, which deals with charges for public records, will be followed with regard to fees for copies of educational records.

  7. Types Locations and Custodians of Education Records
    The following is a list of the types of records that MSU maintains, their locations, and their custodians:

    Types Location Custodian
    Admissions Records Registrar's Office
    Hardin Hall
    Hardin Hall South 101    		 Registrar
    Cumulative Academic Records
    (Current and former students)     		Registrar's Office Registrar
    Financial Records Business Office
    Hardin Hall 102    		 Controller
    Financial Aid Records Financial Aid Office
    Hardin Hall 102    		 Director of Financial Aid
    Placement Records Career & Testing Services
    Hardin South 211    		 Director, Career & Testing Services
    Progress Records Faculty Offices Individual Student Advisors
    Disciplinary Records Dean of Students' Office
    Clark Student Center    		 Dean of Students
    Athletics Records Athletics Office
    Ligon Hall 114    		 Director of Athletics
    Occasional Records (Student education records not included in the type listed above, such as minutes of faculty or university committee meetings, copies of correspondence in offices not listed, etc. The appropriate official will collect such records, direct the student to their location, or otherwise make them available for inspection and review The university staff person who maintains such occasional records


  8. Disclosure of Education Records
    MSU will disclose information from a student's education records only with the written consent of the student except:

    1. To school officials who have a legitimate educational interest in the records. A school official has a legitimate educational interest if the official is:

      1. Performing a task that is specified in his/her position description or by a contract agreement.
      2. Performing a task related to a student's education.
      3. Performing a task related to the discipline of a student.
      4. Providing a service or benefit relating to the student or student's family, such as health care counseling, job placement or financial aid.
    2. To officials of another school, upon request, in which a student seeks or intends to enroll. In such cases, MSU will make a reasonable attempt to notify the student at the last known address of the student, and give the student , upon request, a copy of the record that was disclosed. Appropriate records charges will be assessed.
    3. 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.
    4. 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.
    5. If required by a state law requiring disclosure that was adopted before November 19, 1974.
    6. To organizations conducting studies for, or on behalf of MSU, to develop, validate, or administer predictive tests, administer student aid programs, or improve instruction. MSU may disclose information under this policy only if the study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization, and the information is destroyed when no longer needed for the purposes for which the study was conducted.
    7. To accrediting organizations to carry out their functions.
    8. To parents of an eligible student who is claimed as a dependent for income tax purposes.
    9. To comply with a judicial order or a lawfully-issued subpoena. In such cases, MSU will make a reasonable effort to notify the student of the order or subpoena in advance of compliance.
    10. To appropriate parties in a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.
    11. To an alleged victim of a crime of violence as defined in Section 16 of Title 18, United States Code. The results of a disciplinary proceeding conducted by MSU against an alleged perpetrator of that crime with respect to that crime may be disclosed without prior written consent of the alleged perpetrator.
  9. Record of Requests for Disclosures
    MSU will maintain a record of all requests for and/or disclosures of information from a student's education records. The record will indicate the name of the party making the request, any additional party to whom it may be redisclosed, the legitimate interest the party had in requesting or obtaining the information, and the legitimate interest of any additional parties to whom the requesting party may disclose this information. The record may be reviewed by the student.

  10. Directory Information.

    1. MSU designats the following items as Directory Information: student's name, date and place of birth, current and permanent address (including E-mail address), telephone listing, major and minor fields of study, number of hours enrolled in current semester, classification, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, all previous educational agencies or institutions attended, and photographs.
    2. This information may be released to the general public without the written consent of the student. A student may request that the Directory Information be withheld from the public by making written request to the Office of the Registrar during the first twelve (12) class days of a fall or spring semester, the first eight (8) class days of a trimester, or the first four (4) class days of a summer term. This request will apply only to the current enrollment period.
  11. Correction of Education Records
    Students have the right to ask to have records corrected that they believe are inaccurate, misleading or in violation of their privacy rights. Following are the procedures for the correction of records:

    1. A student must submit a Review Request Form to the appropriate office immediately responsible for the record. In so doing, the student should identify that part of the record to be changed and specify why, in the student's opinion, it is inaccurate, misleading or in violation of his/her privacy or other rights.
    2. MSU may comply with the request or it may decide not to comply following an informal review. This decision should be made within a reasonable time after the request for amendment is made. If it decides not to comply, MSU will notify the student of the decision and advise the student of his/her right to a Formal Review to challenge the information believed to be inaccurate, misleading or in violation of his/her rights.
    3. Upon request, MSU will arrange for a hearing and notify the student reasonably in advance of the date, place, and time of the hearing.
    4. The Associate Provost will chair and appoint a committee to hear challenges concerning academic records. The Vice President for University Advancement and Student Affairs will chair and appoint a committee to hear challenges concerning non-academic 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 education records. The student may be assisted by one or more individuals, including an attorney.
    5. The Associate Provost or Vice President will prepare a written decision. The decision will include a summary of the evidence presented and the reasons for the decision.
    6. If the university's decision is that the challenged information is not inaccurate, misleading or in violation of the student's right of privacy, the student will be notified that he/she has a 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.
    7. The statement will be maintained as part of the student's education records as long as the contest portion is maintained. If MSU discloses the contested portion of the record, it must also disclose the student's statement.
    8. If MSU decides that the information is inaccurate, misleading or in violation of the student's right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.