The University of Arizona

FERPA Compliance Manual

Section VI.
AMENDING OF EDUCATION RECORDS BY STUDENT

 

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:

 
A. Process for Amending Education Records
  1. Submit an Amendment Form (Appendix II.4) to the designated records keeper.
  2. 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.
  3. The Registrar, in conjunction with the recommendation of the records keeper, shall decide whether or not to amend the record.
  4. The Registrar shall inform the student of the decision.
  5. 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.
 
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.

  1. 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.
  2. The student may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
 
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

 

 

Related FERPA links
FERPA Training (web course) 
Student Records Privacy Guidelines, Office of the Registrar
UA Policies & Procedures
Family Policy Compliance Office -- U.S. Department of Education
Protecting the Privacy of Student Records (Guidelines for Education Agencies) -- U.S. Department of Education, National Center for Education Statistics
 FERPA and Campus Safety (From the National Association of College and University Attorneys) -- Office of the General Counsel
 The Family Rights and Privacy Act: 7 Myths - and the Truth -- The Chronicle of Higher Education

Privacy Statement


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FERPA Compliance Manual is maintained by the Office of the Registrar
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