FERPA

Annual Notification of FERPA Rights

In accordance with the Family Educational Rights and Privacy Act of 1974 (FERPA), Marian University students are hereby notified of their rights with respect to their education records.

The Family Educational Rights and Privacy Act (FERPA) afford eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:

1. The right to inspect and review the student's education records. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The university will comply with request within 45 days of receipt of the written request.
2. The right to request the amendment of the student’s education records. A student who wishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the school decides not to amend the record as requested, the school will notify the student in writing of the decision and the student’s right to a hearing re­garding the request for amendment.
3. The right to provide written consent before the university discloses personally identifiable information from the student's education records, except to the extent that FERPA authorizes disclosure without consent.

The school discloses education records without a student’s prior written consent under the FERPA exception for disclosure to "school officials" with legitimate educational interests. A “school official” is a person employed by Marian University in an administrative, supervisory, academic, research, or support staff position (including law en­forcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance com­mittee; or a student serving as a teaching assistant in a course. A school official also may include a volunteer or contractor outside of Marian University who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of personally identifiable information from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks.

A school official has a “legitimate educational interest” if the official needs to review an educa­tion record in order to fulfill his or her professional responsibilities for Marian University.

Marian University may also disclose personally identifiable information from the education records without obtaining prior written consent of the student:

• To officials of another school in which a student seeks or intends to enroll.
• To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.
• To organizations conducting studies for, or on behalf of, the school, in order to: develop, validate, or administer predictive tests; administer student aid programs; or improve instruction.
• To accrediting organizations to carry out their accrediting functions.
• To parents of an eligible student if the student is a dependent for IRS tax purposes.
• To comply with a judicial order or lawfully issued subpoena.
• To appropriate officials in connection with a health or safety emergency.
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.
• To the general public, the final results of a disciplinary proceeding, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her.
• To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21.

Marian University can release "directory information" without prior consent. Directory information is limited to name; date of birth; address; e-mail address; phone; photograph; major field of study; dates of attendance; admission or enrollment status; campus; school, college, or division; college level standing; degrees and awards; officially recognized activities and sports; and weight and height of  athletic team members. 

Directory information may be released freely unless the student files the appropriate form requesting that certain public information not be released. This form is available at the Office of the Registrar (Marian Hall, Rm. 104).

The right to file a complaint with the U.S. Department of Education concerning alleged failures by Marian University to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

Any student wishing to block and/or waiver their FERPA rights should contact the Office of the Registrar located in Marian Hall Room 104, by email (regis@marian.edu) or by phone at (317) 955-6050.