Procedure 220.1 - FERPA Challenges to Content of Student Records

UCLA Procedure 220.1:

Student Grievances Regarding Challenge to Content of Student Records Under the Family Educational Rights and Privacy Act

Issuing Officer:

Vice Chancellor, Student Affairs

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Responsible Dept:

Dean of Students Office

Effective Date:

July 1, 1998

Supersedes:

UCLA Procedure 220.1, dated 2/1/1981

References | Purpose | Procedures

I. REFERENCES

UCLA Policy 220, Disclosure of Information from Student Records, 7/1/1998.

Note: The terms used in this procedure are defined in the above reference and in the University of California Policies Applying to the Disclosure of Information from Student Records, which is available from the Dean of Students Office.

II. PURPOSE

The purpose of this procedure is to allow for the resolution of individual grievances alleging that student's records contain information which is inaccurate, misleading, or otherwise in violation of their right of privacy or other rights as provided by the Federal Family Educational Rights and Privacy Act and the University of California Policies Applying to the Disclosure of Information and Student Records.

III. PROCEDURES

A. Informal Resolution

Students who believe that the campus maintains records about them which are inaccurate, misleading, or otherwise in violation of their right of privacy or other rights must attempt to resolve the matter informally with the campus unit maintaining the records in question as outlined in the following procedure.

RESPONSIBILITY	ACTION
Student	Requests in writing, from the unit maintaining records, that the records be amended or discarded, with a statement of reasons for the request.
Unit Maintaining Records	Responds to the student in writing, within 15 days of receipt of request, indicating that the records have been amended or discarded, or explaining why such action has not been taken. Note : If the student’s request is denied, the unit informs the student of his/her right to a hearing, and refers the student to the Dean of Students for further information. (Refer to Procedure B.)

B. Formal Grievance of a Decision Not to Amend or Discard Records

In the event that informal resolution is not successful, the student must file a formal grievance within 30 days of receipt of the refusal to amend or dispose of records as outlined in the following procedure.

RESPONSIBILITY	ACTION
Student	Requests information about grievance procedure from Dean of Students after having received a refusal to have records amended or discarded (refer to Procedure A.).
Dean of Students	Provides the student, upon request, with a copy of the University of California Policies Applying to the Disclosure of Information from Student Records and a copy of the grievance procedure and counsels the student about the procedures.
Student	Files a formal grievance with the campus Hearing Coordinator within 30 days of the date of the University unit’s written refusal to amend or discard the subject records. Such a grievance must include an explanation of the specific nature of the student’s claim that the records are inaccurate, misleading, or otherwise in violation of the student’s right of privacy or other rights, and the remedy requested. Together with the filing of the formal grievance, the student indicates whether he/she is to be assisted by a representative, the name of the representative, and whether that representative or the student is an attorney. Note : Students assisted by a representative must sign a release at this time authorizing the representative to receive copies of relevant materials.
Hearing Coordinator	Arranges an impartial hearing at a mutually agreeable time within 60 calendar days of the filing of the grievance. Note: A hearing officer is selected pursuant to the Procedure for Selection of Hearing Officers.
Hearing Coordinator	Provides the head of the affected campus unit and the student, either personally or by registered or certified mail, with a written notice of the time and place of the hearing at least 15 days prior to the hearing.
Student and Affected Campus Unit	Upon request, each party provides the other with relevant material, including the identities of all witnesses, which he/she intends to introduce at the hearing. To the extent feasible, this material is provided at least 7 days prior to the hearing.
Hearing Officer	Conducts the hearing in the presence (if they so wish) of the student and an official representing the affected campus unit who have the right to be present throughout the hearing, and to be represented by another. Note : Scope of Hearing - The authority of the hearing office is limited to a review of the evidence presented in the hearing and to reporting findings of fact to the Chancellor. The scope of the hearing is limited to determining whether or not the challenged records are inaccurate, misleading, or otherwise in violation of the student’s right of privacy or other rights. Representatives - If the student is an attorney or is represented by an attorney, the campus shall be represented by the General Counsel.
Student and Affected Campus Official (and representatives)	Presents evidence and witnesses, and conducts cross-examination of each other’s witnesses. Note: The hearing is open or closed at the discretion of the student. Record : The hearing is tape recorded, or at the option of the student or the campus, a stenographer may be provided at the expense of the party initiating the request. The student has access to a copy of the tape recording and may copy the tape at the student’s own expense. All records pertaining to the hearing are kept by the campus for a period of 3 years.
Hearing Officer	Determines the admissibility of evidence and its order of presentation. Admissible evidence is of the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Witnesses may be excluded by the hearing officer except during their testimony.
Hearing Officer	Presents a report to the Chancellor within 30 days of the close of the hearing. The report contains findings of fact as to whether the challenged records are inaccurate, misleading, or otherwise in violation of the student’s right of privacy or other rights, and recommendations for an appropriate remedy. The findings are based on a preponderance of evidence. The report is transmitted to both parties and their representatives. Note: The parties may submit written comments to the Chancellor within 7 days of the transmittal of the report.
Chancellor	Makes a decision on the recommendations, within 15 days of receipt of the report from the hearing officer. Both parties and their representatives are notified immediately, in writing, of the Chancellor’s decision.* Note: Appeals - Within 30 days of the date of the decision of the Chancellor, the student may file an appeal with the Chancellor only on the following bases: (1) New evidence has been brought to light which was not available at the time of the hearing; (2) Established procedures have not been followed. Delays/Extensions - Reasonable extensions of time, with respect to any time limit in these procedures, may be granted by the hearing officer or the Chancellor for good cause.

*If the Chancellor's decision is that the information is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, the letter so notifying the student shall also inform the student of his/her right to insert into the record a statement commenting upon the information in the record and/or setting forth any reasons for disagreeing with the decision to leave the record unchanged.

Issuing Officer

/s/ Winston C. Doby

____________________________________________
Vice Chancellor, Student Affairs

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