Compliance Manual Family Educational Rights and Privacy Act of 1974 (FERPA): Appendix II -- Requirements for the Conduct of a Hearing

REQUIREMENTS FOR THE CONDUCT OF A HEARING

If the University denies the student's request to amend an education record, the student may request a hearing to challenge the content of the record on the grounds that the information contained in the record is inaccurate, misleading, or in violation of the privacy or other rights of the student. The University shall hold the hearing within a reasonable time after it has received the request for the hearing and it shall give the student notice of the date, time, and place, well in advance of the hearing. The hearing will be scheduled by the University Registrar and may be conducted by an administrative or faculty member of the University who does not have a direct interest in the outcome of the hearing. The student may, at his/her own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.

If, as a result of the hearing, the University decides to amend the record, it shall do so accordingly and inform the student of the amendment in writing. If the University decides not to amend the record, it shall inform the student of his or her right to place a statement in the record commenting on the contested information or stating why he or she disagrees with the decision of the University.

If the University places a statement in the education records of a student, it shall maintain the statement with the contested part of the record for as long as the record is maintained, and disclose the statement whenever it discloses the portion of the records to which the statement relates.

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