Family Educational Rights and Privacy Act

Copies of the family educational rights and privacy act of 1974, amendments subsequent to this act and the department of health and human services guidelines are available in the office of the dean of each school and the dean of student affairs. The remainder of this section describes Loma Linda University's policy for meeting the requirements of the family educational rights and privacy act (FERPA).

Definitions

Student: any person who attends or has attended LLU

Educational records: any record (in handwriting, print, tapes, film, or other medium) maintained by Loma Linda University or an agent of the University which is directly related to a student, except:

1. a personal record kept by a staff member 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/she is a student, provided the record is used only in relation to the individual's employment;

3. records maintained by Loma Linda University security if the record is maintained solely for law enforcement purposes, is revealed only to law enforcement agencies of the same jurisdiction, and does not have access to education records maintained by the University;

4. records maintained by the health service if the records are used only for treatment of a student and made available only to those persons providing the treatment; or

5. alumni records which contain information about a student after he/she is no longer in attendance at the University and which do not relate to the person as a student.

Annual notification

Students are notified of their FERPA rights annually by publication in the Student Handbook.

Procedure to inspect education records

A student has the right to inspect and review official records, files, and data directly related to him/her kept by an entity of the University, except for all records compiled on a basis of confidentiality prior to January 1, 1975. Students may inspect and review their education records upon written request to the appropriate record custodian.

Students should submit to the record custodian or an appropriate University staff person a written request which identifies as precisely as possible the record or records he/she wishes to inspect. The record 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 45 days or less from the receipt of the request.

When a record contains information about more than one student, the student may inspect and review only the records which relate to him/her.

Right of University to refuse access

Loma Linda University reserves the right to refuse to permit a student to inspect the following records:

1. financial statement of the student's parents;

2. letters and statements of recommendation for which the student has waived his/her right of access, or which were placed on file before January 1, 1975;

3. records connected with an application to attend Loma Linda University or a component unit of Loma Linda University if that application is denied; and

4. those records which are excluded from the FERPA definition of education records.

Refusal to provide copies

Loma Linda University 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 the University; or

2. there is an unresolved disciplinary action against the student.

Fees for copies of records

If a student desires copies of material in his/her file, these will be provided at a charge of $1 per page.

Disclosure of education records

Loma Linda University 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. The school official is:

a person employed by the University in an administrative, supervisory, academic, or research, or support staff position;
a person elected to the board of trustees;
a person employed by or under contract to the University to perform a special task, such as the attorney or auditor; or
a law enforcement officer in the course of a criminal investigation involving the student.

A school official has a legitimate educational interest if the official is:

performing a task that is specified in his/her position description or by a contract agreement;
performing a task related to a student's education;
performing a task related to the discipline of a student; or ? 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.

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 certain studies for or on behalf of the University.

7. To accrediting organizations to carry out their functions.

8 To comply with a judicial order or a lawfully issued subpoena.

9. To appropriate parties in a health or safety emergencies.

10. To the General Conference of Seventh-day Adventists listing names of Adventist students by division so the appropriate General Conference representative can contact them about church employment upon graduation. Also such lists of names will be provided to Seventh-day Adventist conference offices in the United States who are wanting to recruit health professionals to work in their conference.

11. To the U.S. Armed Forces as required by federal law so that representatives of the service branches may contact students about military service opportunities upon graduation.

Record of requests for disclosure

LLU will maintain a record of all requests for, and/or disclosure 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, and the legitimate interest the party had in requesting or obtaining the information. The record may be reviewed by the eligible student.

Directory information

The University has classified the following as student directory information which may be released: name, address (permanent and local), picture, marital status, birthdate, school, program, class, previous college, and telephone number, unless the student specifically requests in writing that the information not be released. Directory information will only be released by the academic dean's office of the school in which the student is enrolled. All requests for directory information received by all other offices of the University will be transferred to the appropriate school office. If a student has requested that LLU withhold such information, the employee who takes the call can take a message to place in the student's mail box. The student can then decide whether or not to contact the caller.

Correction of education record

The University provides an opportunity for students to challenge records that may be thought to be inaccurate, misleading, or otherwise inappropriate. The procedure for challenge is as follows:

1. The first action will be informal discussion. If this does not prove satisfactory, students may,

submit a written statement to be attached to the file copy, making their position clear. If this does not prove satisfactory, students may,
make a request in writing to the administrative officer responsible for the records, requesting that the portion of the records in question be expunged or altered, together with the reason for the request. This administrative officer will process the request through the dean of the school.

2. The final procedure is an appeal to the executive committee of the student's school. This must be accomplished within a reasonable period of time. Except during vacation periods when appropriate officers may not be available, a reasonable period is construed as being no longer than 15 working days. The decision of the appeal will be rendered in writing.


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