April 30, 2001
VOL. 30, NO. 32
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For the Record: University Policy on Family
Educational Rights and Privacy
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The following policy has been adopted and promulgated by The
Johns Hopkins University in compliance with the Family
Educational Rights and Privacy Act of 1974, as amended:
1. Each year the university will inform students of their
rights under the Family Educational Rights and Privacy Act of
1974 (P.L. 93-380, sec. 513), as amended (P.L. 93-568, sec. 2),
as well as their rights under regulations promulgated thereto,
and relevant university policy.
2. It is the policy of The Johns Hopkins University to permit
students to inspect and review their education records to the
extent permitted by applicable law and regulations.
3. The following exceptions and exclusions shall apply to the
general policy permitting inspection and review of education
records:
a) Persons will not be permitted to inspect and review
their education records maintained by a school or division in
which they have not been in attendance;
b) Students will not be permitted to inspect financial
records or statements of parents or any information thereof;
c) Students will not be permitted to inspect confidential
letters and confidential statements of recommendation which were
placed in the education records prior to Jan. 1, 1975, provided
that (i) they were solicited with a written assurance of
confidentiality, or sent and retained with a documented
understanding of confidentiality, and (ii) they were used only
for the purposes for which they were specifically intended.
d) Students will not be permitted to inspect confidential
letters and confidential statements of recommendation which were
placed in the education records of the student after Jan. 1,
1975, respecting admission to an educational institution,
respecting an application for employment or respecting the
receipt of an honor or honorary recognition, provided that the
student has waived the right to inspect and review those letters
and statements of recommendation.
e) The university will not disclose documents which do not
come within the statutory and regulatory definition of the term
"education records" as, for example,
i) Records of instructional, supervisory and
administrative personnel and educational personnel ancillary
thereto which are in the sole possession of the maker and are not
accessible or revealed to any other individual except as a
substitute
ii) Records of a university law enforcement unit which
are maintained apart from a student's education record solely for
law enforcement purposes and are not disclosed to individuals
other than law enforcement officials of the same jurisdiction
iii) Records relating to an individual who is employed
by the university which are made and maintained in the normal
course of business, relate exclusively to that individual's
capacity as an employee and are not available for use for any
other purpose though this exclusion does not apply to records
relating to a student in attendance at the university, who is
employed as a result of his or her status as a student
iv) Records which are created or maintained by a
physician, psychiatrist, psychologist or other recognized
professional or para-professional acting in a professional
capacity, which are created, maintained or used only in
connection with the provision of treatment to the student and
which are not disclosed to anyone other than individuals
providing the treatment although they may be personally reviewed
by a physician or other appropriate professional of the student's
choice
v) Records containing only information relating to a
person subsequent to attendance at the university
4. Parents of students and students desiring to inspect and
review the education records of the student should address a
written request to the registrar of the school which the student
attends or has attended. Requests from parents should be
accompanied by a written letter of permission from the student
whose record is requested. In the event that the records
requested are not in the registrar's custody, the registrar shall
direct the request to the appropriate custodian.
5. The university shall attempt to respond to requests for
access to records as expeditiously as practicable, and within 45
days of the receipt of the written request. Records may be
inspected by students only in the presence of the custodian or
other such persons as the custodian designates and in no event
shall a student be permitted to remove records from the office
where they are maintained. The opportunity to inspect and review
education records will be confined to normal business hours on
the days when that office is open.
6. The university reserves the right to decline to make copies
of education records when the parent of a student and/or a
student lives within a normal commuting distance from the school
and when the task of preparing copies presents itself as unduly
burdensome or interferes with the normal duties and operations of
personnel.
7. Students may obtain copies of education records, other than
a transcript, by paying upon delivery a charge of $.50 a page.
Copies of transcripts may be secured with payment of any
applicable fee. The university reserves the right to decline to
furnish a copy of a transcript from another educational
institution which is a part of a student's education record
unless the student demonstrates that it is otherwise unavailable.
All copies of transcripts furnished a student shall bear a
conspicuous legend indicating that the copy has been delivered
directly to the student.
8. Education records are maintained on each student by the
registrar of the school in which the student is or has been
enrolled. (School of Health Services academic records are in the
Registrar's Office in Garland Hall.) Education records on
students also may be maintained by departments within the school
as well as in the offices of the appropriate departments. A
complete listing of the departments within the school, the
location of each department and the location of each dean is in
the university's telephone directory. Following is a listing of
other education records maintained by the university and their
locations.
Schools of Arts and Sciences/Engineering Student account
records, Shriver Hall; financial aid records, 1st floor, Garland
Hall; placement records, 1st floor, Merryman Hall; health
records, ground floor, AMR2; Arts and Sciences academic records,
East Wing, 1st floor, Merryman Hall; full-time Engineering
students academic records, 1st floor, New Engineering Building;
part-time Engineering students academic records, 28 Shriver Hall;
academic records of both schools, Registrar's Office, basement,
Garland Hall.
School of Professional Studies in Business and Education
(formerly School of Continuing Studies) Student account records
from summer 1998 to the present, 7150 Columbia Gateway Drive,
Suite A/B, Columbia, Md 21046; student account records for dates
prior to summer 1998, Room 4, Shriver Hall, Homewood campus;
financial aid, student loan and academic records are located in
the offices of Financial Aid and Records and Registration, 7150
Columbia Gateway Drive, Suite A/B, Columbia, MD 21046.
School of Hygiene and Public Health Student account records,
Room 1040, Business Office; health records, University Health
Service, 136 Carnegie; student loan records, 3rd floor, Garland
Hall, Homewood campus; academic records and financial aid
records, Suite E1002, Student Academic Support Services.
School of Medicine Student account records, Office of
Financial Affairs, 125 Medical Administration Building; financial
aid records, 128 Medical Administration Building; health records,
University Health Service, 1 Carnegie; student loan records, 3rd
floor, Garland Hall, Homewood campus.
School of Nursing Student account records, Room 336, 525 N.
Wolfe St.; Student Financial Services, Room 127, 525 N. Wolfe
St.; admissions records, Office of Admissions and Student
Services, Room 113, 525 N. Wolfe St.; academic records, Office of
the Registrar, Room 127, 525 N. Wolfe St.; health records, Alumni
Memorial Residence, Homewood campus.
SAIS Student account records, Room N310, Business Office;
financial aid records, Room N314, Financial Aid Office; placement
records, Room N212, Career Services; student loan records, Room
N314, Financial Aid Office.
Peabody Student account records, Business Office, ground
floor, Leakin Hall; financial aid records, ground floor, Leakin
Hall; placement records, 105 Conservatory; health records,
Peabody Student Health Services at Maryland General Health Care,
1501 W. Mt. Royal Ave. (active files) and JHU Student Health
Clinic at Homewood (archived files for students enrolled prior to
July 1, 1994); student loan records, 3rd floor, Garland Hall,
Homewood campus, and ground floor, Leaking Hall; academic
records, Office of the Registrar, Room 233, New Building.
9. It is the policy of the university to refrain from
disclosing personally identifiable information from the education
records of a student without the prior written consent of the
student, except that:
a) The university reserves the right to disclose
personally identifiable information without the prior consent of
the student to university and school officials, including
teachers, who in the opinion of the university are determined to
have legitimate educational interests.
i) The term "university and school officials" refers
to administrators and staff members of the university and
school(s) in which the student is or has been enrolled.
ii) The term "legitimate education interest" refers
to, for example, any action or interest affecting the academic
and administrative situation of a student who is the subject of
the education record and any action or interest relating to the
planning, execution and evaluation of academic and administrative
programs of the university and organizations and institutions
with which the university is affiliated or which are utilized by
the university.
b) The university may disclose as directory information
the following categories of personally identifiable
information:
i) The name of a student who is in attendance or who
has been in attendance
ii) The local, home and e-mail addresses of a present
or former student
iii) The telephone number of a present or former
student
iv) The date and place of birth of a present or former
student
v) Names of parents and spouse
vi) The major field of study of a present or former
student
vii) Participation of a student or former student in
officially recognized activities and sports
viii) Dates of attendance
ix) Degrees and awards received and pertinent dates
x) The previous educational agencies or institutions
attended by a student and dates of attendance
xi) Photograph
xii) Classification and level of study
xiii) Sex
A student may refuse to permit the designation as directory
information of any or all of the categories of personally
identifiable information with respect to that student by
delivering a written request to the registrar within seven days
of registration.
c) The university may disclose personally identifiable
information without the prior consent of the student to officials
of another school or school system in which the student seeks or
intends to enroll.
d) The university may disclose personally identifiable
information without the prior consent of the student to
authorized representatives of
i) The U.S. comptroller general
ii) The secretary of the U.S. Department of
Education
iii) The attorney general of the United States
iv) State and local educational authorities
e) To the extent permitted by law, the university may
disclose personally identifiable information without the prior
consent of the student in connection with financial aid for which
a student has applied or which a student has received.
f) The university may disclose personally identifiable
information without the prior consent of the student to state or
local officials or authorities to whom information may be
specifically required to be reported or disclosed pursuant to
state statute adopted prior to Nov. 19, 1974.
g) To the extent permitted by law, the university may
disclose personally identifiable information without the prior
consent of the student to organizations conducting studies for,
or on behalf of, educational agencies or institutions for the
purpose of developing, validating or administering predictive
tests, administering student aid programs and improving
instruction.
h) The university may disclose personally identifiable
information without the prior consent of the student to
accrediting organizations in order to enable them to carry out
their accrediting functions.
i) The university may disclose personally identifiable
information without the prior consent of the student to parents
of a dependent student, as defined in section 152 of the Internal
Revenue Code of 1954.
j) The university may disclose personally identifiable
information without the prior consent of the student to comply
with a judicial order or lawfully issued subpoena; however, the
university will make a reasonable effort to notify the student of
the order or subpoena in advance of the compliance therewith.
k) The university may disclose personally identifiable
information without the prior consent of the student in a health
or safety emergency, subject to the conditions set forth in
applicable law and regulations.
l) The university may disclose to the parent of a student
under the age of 21 the student's violation of any federal, state
or local law, or of any rule or policy of the university
governing the use or possession of alcohol or a controlled
substance, where the university determines that the student has
committed a disciplinary violation.
m) The university may disclose:
i) to the victim of an alleged perpetrator of a crime
of violence or a nonforcible sex offense, the final results of
the disciplinary proceeding conducted by the university with
respect to that crime or offense;
ii) the final results of a disciplinary proceeding,
where the university determines as a result of that disciplinary
proceeding that a student alleged to be a perpetrator of a crime
of violence or a nonforcible sex offense has committed a
violation of university rules or policies with respect to the
allegation made against him or her.
For purpose of paragraph 9 (m) (i) and (ii): 1) The term
"crime of violence" means arson, assault offenses, burglary,
criminal homicide, destruction/damage/vandalism of property,
kidnapping/abduction, robbery and forcible sex offenses, as those
terms are defined in 29 CFR � 99.39; 2) The term "nonforcible
sex offense" means statutory rape or incest; and 3) the term
"final results" means a decision or determination made by any
entity or individual authorized to resolve disciplinary matters.
Disclosure of final results may include name of the student who
is the alleged perpetrator, any violation committed and any
sanction imposed (including description of disciplinary action,
date imposed and the sanction's duration).
10. The university will maintain a record of disclosures of
personally identifiable information from the education records of
a student, as required by law, and will permit a student to
inspect that record.
11. The university will provide a student who believes that
information contained in his or her education records is
inaccurate or misleading or violates his or her privacy or other
rights with an opportunity to seek the correction of the
education records.
a) A student may seek to amend an education record by
submitting a written request to the registrar explaining the
basis for the request. A student whose request is denied may
request a hearing before the registrar.
b) The dean's designate will hold a hearing within 14 days
of the receipt of a written notice of the hearing's time and
place. The hearing will be closed to all except the university's
representative(s), student, his or her representative or
attorney, and witnesses. The student will be afforded a full
opportunity to present evidence relevant to the issue of whether
information contained in his or her education records is
inaccurate, misleading or violates his or her privacy or other
rights.
c) The student will be informed in writing of the
university's decision.
d) If, as a result of the hearing, the dean's designate
decides that the information is not inaccurate, misleading or
otherwise in violation of the privacy or other rights of the
student, the student may place in the education record a
statement commenting upon the information in the education
records and/or setting forth any reason for disagreeing with the
university's decision.
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