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Privacy Rights of Students
On May 20, 1975, Tennessee Tech approved a statement
of policy that includes provisions for the release of information
about students and the rights of students and others to have access
to Tech's education records. The policy, revised to conform to final
regulations of the U.S. Department of HEW issued on June 17, 1976,
is as follows:
A. Definitions:
1. Education Records. “EDUCATION RECORDS”
is defined as those records, files, documents, and other material
which (1) contain information directly related to a student and
(2) are maintained by TTU or by a person acting for the University.
They do not include: (1) personal notes; (2) records available only
to law enforcement personnel; (3) employment records; (4) medical
and psychiatric records (these are accessible by the student’s
physician).
2. Student. A student is any person who is or has been enrolled
at TTU. Wherever “student” is used in reference to personal rights, an
eligible parent of a dependent student has similar rights. This “eligible”
parent is one who has satisfied Section 152 of the Internal Revenue Code of 1954, and who
presents proof of such to the Associate Vice President for Academic Affairs &
Enrollment Management. Normally, this will be a written affirmation by the student and
the parent declaring that the student is a dependent for Federal Income Tax purposes.
3. Directory Information. “Directory Information”
is defined as: “The student’s name, address, telephone listing, date and
place of birth, major field of study, participation in officially recognized activities
and sports, weight and height of members of athletic teams, dates of attendance, degrees
and awards received, and the most recent previous educational agency or institution
attended by the student”. At the time a student registers for courses, the student
may notify the Records Office (this must be done in writing) that directory information for
that student may not be released. This notification is effective only for the one semester
for which the student is then registering.
4. Access. To have access to an EDUCATION RECORD is to be allowed
to see the original record. It implies the right to obtain copies of that record.
B. Release of Personally Identifiable Student EDUCATION RECORDS.
Tennessee Technological University shall not permit access to, or the release
of, any information in the EDUCATION RECORDS of any student that is personally
identifiable, other than Directory Information, without the written consent of the student,
to any party other than the following:
1. TTU regular full-time employees who are officials and staff,
and who have legitimate educational interests, including the support of honor societies,
academic excellence, and University organizations, and readmission and disciplinary
proceedings;
2. Officials of other schools in which the student seeks admission;
3. Appropriate persons in connection with a student’s application
for, or receipt of, financial aid;
4. Federal or State officials as defined in paragraph 99.35 of
the regulations concerning this law;
5. State and local officials authorized by State statute;
6. Organizations conducting studies for, or on behalf of, TTU
for the purpose of assisting in accomplishing the University’s stated goals.
When such information will be used only by such organizations and subsequently
destroyed when no longer needed for the intended purpose;
7. Accrediting organization, to carry out their functions;
8. Parents having prior written consent by the student or parents
of a dependent student as defined in section 152 of the Internal Revenue Code of 1954
(written consent may be allowed from either of these separated or divorced parents subject
to any agreement between the parents or court order. In the case of a student whose
legal guardian is an institution, a party independent of the institution, appointed
under state and local law to give parental consent, may be allowed to do so);
9. In compliance with judicial order or subpoena, provided that
the student is notified in advance of the compliance; or,
10. Appropriate persons in connection with an emergency if such
knowledge is necessary to protect the health or safety of a student or other persons.
NOTE: With the exception of TTU officials and staff, who have
been determined by the University to have legitimate educational interests, a notation
will be made in a record which is kept with, and becomes a part of, each student’s
EDUCATION RECORD of all individuals and agencies who have requested or obtained access
to a student’s record.
C. Procedure for Accessing EDUCATION RECORDS. The student requests
the custodian to allow him to peruse the EDUCATION RECORD. The student may ask
for an explanation and/or a copy of the given EDUCATION RECORD. After consultation
with the custodian, errors may be corrected at that time by the custodian. Thereafter,
if the student believes the RECORD to be accurate in content, he/she should acknowledge with
his/her signature and the date; if the student believes the Record content to be inaccurate,
he/she may submit a request for a formal hearing. The request and the challenge, must be
presented in writing to the Director of Records and Registration who will: (1) appoint an
Appeals Committee consisting of four RECORD custodians (none of who is custodian of the RECORD
in question) with one of the four designated as chairman, and (2) designate a time and
place for the first meeting. The Appeals Committee will convene with the student within
forty-five days from the date of the request, allowing the student and/or his/her designee
to present relevant evidence. A written decision will be given to the student within
forty-five days after the conclusion of the hearing. Thereupon, the student may submit to
the Committee a written explanation to be inserted into the RECORD. If the Committee
believes the statement to be pertinent, the explanation will be inserted into the RECORD.
NOTE: This procedure does not provide for a hearing to contest
the assignment of an academic grade.
D. Right of Access Does Not Include:
1. Financial records of parents or any information therein,
2. Confidential letters and statements of recommendations which
were placed in the EDUCATION RECORDS prior to January 1, 1975, or
3. RECORDS to which access has been waived by a student (this
applies only if a student, upon request, is notified of the names of all persons making
confidential recommendations and, if such recommendations are used solely for the purpose
they were intended).
E. EDUCATION RECORDS may be destroyed except that a student shall
be granted access prior to destruction if such is requested.
F. TTU shall inform students of its policy governing “Privacy
Rights of Students” by publishing it in the annual Student Handbook. The Catalog
should indicate where the policy may be found along with the definition of an
“eligible” parent.
The complete policy statement of "Privacy Rights
of Students" is printed in the Student
Handbook available from the Office of Student Affairs,
University Center, Room 231.
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