Section VI.
AMENDING
OF EDUCATION RECORDS BY STUDENT
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Students who believe their University of
Arizona education records are incorrect, misleading or in
violation of the student's rights of privacy due to errors in
processing should pursue the normal channels within the
University to effect the necessary corrections.
If these normal channels do not result in the desired
corrections, or if the request to amend the records is not to
correct processing errors or question the appropriateness of the
grade awarded, then the procedure for amending records is as
follows:
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| A. |
Process
for Amending Education Records
- Submit an Amendment Form (Appendix
II.4) to the designated records keeper.
- All data available on the case
shall then be affixed and forwarded to the University
Registrar, who may request additional information from the
student if deemed necessary.
- The Registrar, in conjunction
with the recommendation of the records keeper, shall decide
whether or not to amend the record.
- The Registrar shall inform the
student of the decision.
- The decision must be issued to
the student within a reasonable period of time and no more
than forty-five (45) days from the date of the receipt of
the Amendment Form.
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| B. |
Right to Hearing
If the student disagrees with the decision regarding
the amending of the education record, he or she may request a hearing to
be scheduled by the University Registrar by filing a Petition for
Hearing Form (Appendix II.5).
The University Registrar shall refer the request to a University
hearing officer. The formal
hearing shall be conducted according to the following procedures.
- Within fifteen working days following the receipt of the petition
for a formal hearing, unless the parties mutually agree to a
continuance, the hearing officer shall give notice to all concerned
parties of the date, place, and time, of a hearing.
Such hearing should be scheduled within forty-five days of the
receipt of the petition, unless the parties agree to a continuance.
The hearing officer may upon request of the student close the
hearing in whole or in part.
- The student may be assisted or represented by individuals of his
or her choice at his or her own expense, including an attorney.
- The hearing officer may receive all relevant evidence and
testimony, orally or in writing, relevant to the student's challenge to
the content of the record. Each party may call and cross-examine witnesses.
The hearing officer may question the parties and witnesses,
request witnesses or documents, and otherwise develop facts relevant to
the issues. The hearing officer shall not be bound by the rules of
evidence applicable in courts of law, but may permit the introduction
and receipt of such evidence as in his or her judgment would be relevant
to the consideration of prudent persons in the management of their own
affairs.
- The hearing officer shall make a decision within fifteen working
days after the conclusion of the hearing in writing based solely upon
the evidence presented at the hearing and shall include therein a
summary of the evidence and the reasons for the decision.
The student shall receive a copy of the decision.
- If the hearing officer decides that amendments should be made to
the record, he or she shall recommend such amendments to the President
of the University or designate.
- If the hearing officer decides that amendments should
not be made to the records, the hearing officer shall inform the student
of the right to place in records a statement commenting upon the
information in the records and/or setting forth any reasons for
disagreeing with the decision of the hearing officer.
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| C. |
Letter
of Disagreement
If, as a result of the hearing, the University decides that the
information in the education record is not inaccurate,
misleading, or otherwise in violation of the privacy or other
rights of the student, it shall inform the student of his/her
right to place permanently in his or her appropriate file a
statement known as a Letter of Disagreement (Appendix
II.6).
If the record is disclosed thereafter, a copy of this
rebuttal will be sent with the contested record |
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