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I.
Student Rights to Inspect and Review
A.
A student or
former student may inspect and review his or her grade transcript,
student personal record, and any other personally identifiable records
maintained by Wingate University (collectively referred to a “education
records”), with the exception of the following, which are not education records:
1.
financial records
of his parents or any information in those records;
2.
confidential
letters and statements of recommendation that were placed in the educational
records prior to January 1, 1975;
3.
medical records
that are maintained by medical or mental health personnel solely for the purpose
of treating the student. He may, however, have a physician or medical
professional review the information in his medical record if he has reason to
believe it may contain inaccurate, misleading or inappropriate information;
4.
records created
by and kept by a law enforcement unit of the University, if made and kept for
the purpose of law enforcement; or
5.
records made by a
teacher or administrator or ancillary personnel and kept in that person's sole
possession in a way that the records are not accessible or revealed to anyone
else.
B.
A student may
direct any request for review of an education record to the University Registrar
or to the University’s Vice President for Academic Affairs. Once a student has
been allowed to inspect and review an education record, she may also request
that the University official who is responsible for maintaining a particular
record respond to her request for explanation and interpretation of the record.
C.
A student may
choose to waive his right to access confidential recommendations that are
written to support an application for admission or financial aid, an application
for an honor or recognition, a transfer or application to another institution,
an application for employment, or similar application, PROVIDED:
1.
that the STUDENT
either selects the persons to submit recommendations or, upon request, is
notified of the names of all persons making such recommendations; and
2.
that the
recommendations are used specifically and solely for the purpose for which they
were specifically intended. A student may not be REQUIRED to waive right of
access, under any condition.
D.
If a student
believes that inaccurate, misleading, or inappropriate information is included
in her educational records, Wingate University will permit the student to insert
into the record her written explanation concerning the content of such record.
The University also will provide a means of correction or deletion of any
information that is in fact inaccurate, misleading or inappropriate. (The
student is expressly not permitted to challenge grades through this means,
unless she wishes to challenge the accuracy of institutional records which
record the grade.) Initially, any challenge to a student record should be
directed to the Vice President of Academic Affairs. The Vice President of
Academic Affairs will seek informal resolution of the matter. If either the
Vice President of Academic Affairs or the student requests it in writing, the
Student Development Committee of the Wingate University Assembly shall conduct a
formal hearing concerning any challenges to the student’s records as being
inaccurate, misleading or inappropriate. Such a hearing shall be conducted and
decided in writing within three weeks of the request. During the hearing, the
student shall have a full and fair opportunity to present evidence relevant to
the issues. If for any reason, the Student Development Committee shall be
unable to convene a special committee to hear the matter, a group comprised of
persons identified by the Student Development Committee who do not have a direct
interest in the outcome of the matter may be assembled to hear the matter.
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II.
Rules Related to Disclosure and Release of Student Information
A.
Wingate University
generally may not release to any third party any personally identifiable
information in a student's education record. The only exceptions to this rule
are as follows:
1.
The student has
submitted a written consent to the release of such information;
2.
The release is
being made to:
a. officials of
other educational institutions in which the student seeks to enroll, provided
that the student is notified of the transfer of such information, receives a
copy of the information if requested in writing, and has an opportunity to
challenge the contents of the record;
b. certain state and
federal government officials stipulated by law;
c. persons or
agencies directly related to a student’s application for, or receipt of,
financial assistance;
d. accrediting
organizations;
e. parents of
dependent students;
f. any source if
required to do so in compliance with judicial order or subpoena, provided that
the student is notified of all such orders or subpoenas;
g.
health
authorities, if, in the event of any emergency, knowledge of such information is
necessary to protect the health or safety of a student or other persons; or
h. University
officials (those carrying out official University business, whether paid or
unpaid) who have a legitimate educational purpose in consulting the record
(based on the need to access the record to perform the University business); or
3. The information
to be released is exclusively “directory information,” defined as:
a. the student's
name, address (including e-mail), telephone listing, and photograph;
b. the student's
date and place of birth;
c. the student's
major field of study;
d. the student's
participation in official activities and sports; the height and weight of
members of athletic teams; dates of attendance;
e.
degrees and
awards received; and
f. the most recent
previous school attended by the student.
B. Any student may
object to the designation of “directory information.” To do so, he or she must
file within twenty days after the first day of classes in each semester a signed
notice informing the University that any or all of the information described
above should not be considered directory information about that specific
student. The requests must be filed in the Office of the Registrar. Such
requests for nondisclosure will only be honored by the University for the
current enrollment period; therefore, a new request must be submitted each
semester or term.
C. Each University
official responsible for any type of educational record shall maintain a record
of the persons or parties, other than those University personnel authorized in
II.A.2.(h), requesting or obtaining access to a student’s educational records.
The record of requested access is available only to the student, to the
University official responsible for the custody of such records, and to that
official's assistants.
D. The University
may disclose to the parent or legal guardian of a student under the age of 21,
without the prior written consent of the student, information regarding any
violation by the student of any federal, state, or local law or any rule or
policy of the University governing the use or possession of alcohol or a
controlled substance if the University has determined that the student has
committed a disciplinary violation with respect to such use or possession.
E. The University
may disclose, without prior written consent of the student, final results of
disciplinary proceedings against the student who is an alleged perpetrator of a
crime of violence (18 U.S.C. ยง 16) or a non-forcible sex offense if the
University finds the student committed a violation of the University’s rules or
policies with respect to such crime or offense. The information shall include
only the name of the student, the violation committed, and any sanctions imposed
by the University on the student. The University may include the name of any
other student such as a victim or witness, only with the written consent of that
other student.
III.
Complaints
Any person who believes that the University has failed to comply with
the Family Education
Rights and Privacy Act, or with the regulations of
the Department of
Education, 34 C.F.R. Part 99, may file a complaint
with the Department of
Education under 34 C.F.R. #99.63 and 99.64.
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