Definitions
Education Records. Education Records are defined as those records, files, documents, and other materials which (1) contain information directly related to a student; and (2) are maintained by Tennessee State University or by a person acting for the University. “Records” means information recorded in any medium, including, but not limited to the following: handwriting, print, tapes, film, microfilm, and microfiche. Education records do not include (1) personal notes, (2) records available only to law enforcement personnel, (3) employment records, (4) medical and psychiatric records (these are accessible by the student’s physician).
Student. A student is any person who is or has been enrolled at Tennessee State University . An applicant who does not enroll or who is declared ineligible has no inherent right to inspect his file. Wherever “student” is used in reference to personal rights, an eligible parent of a dependent student has similar rights. This “eligible” parent is one who has satisfied Section 52 of the Internal Revenue Code of 1954 and who presents such proof to the custodian of the education records. Normally this proof will be written affirmation by the student and the parent declaring that the student is a dependent for Federal Income Tax purposes.
Directory Information. Directory information is defined as: “the student’s name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous education agency or institution attended by the student.”
At the time a student registers for courses, the student may notify the Office of Admissions and Records (this must be done in writing) that directory information for that student should not be released. This notification is effective only for the one semester for which the student is then registering.
Access. To have access to an education record is to be allowed to see the original record. This implies the right to obtain copies of that record.
Release of Personally Identifiable Student Education Records. Tennessee State University shall not permit access to, or the release of, any information in the education records of any student that is personally identifiable, other than Directory Information, without the written consent of the student, to any other than the following:
- TSU officials and staff who have legitimate educational interest;
- Officials of other schools in which the student seeks admission;
- Appropriate persons in connection with a student’s application for, or receipt of, financial aid;
- Federal or State officials as defined in paragraph 99.37 of the regulations concerning this law;
- State and local officials authorized by State statute;
- Organizations conducting studies for, or on the behalf of TSU for the purpose of assisting in accomplishing the University’s stated goals, when such information will be used only by such organizations and subsequently destroyed when no longer needed for the intended purpose;
- Accrediting organizations to carry out their functions;
- Parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954 (Written consent may be allowed from either separated or divorced parents subject to any agreement between the parents or court order. In the case of a student whose legal guardian is an institution, a party independent of the institution, appointed under State and local law to give parental consent, may be allowed to do so.);
- In compliance with judicial order or subpoena, provided that the student is notified in advance of the compliance; or
- Appropriate persons in connection with an emergency if such knowledge is necessary to protect the health or safety of a student or other persons.
NOTE: With the exception of TSU officials and staff, who have been determined by the University to have legitimate educational interest, all individuals and agencies having requested or obtained access to a student’s record will be noted in a record which is kept with each student’s education record. A request must be in writing stating the purpose of the request. This record will indicate also specifically the legitimate interest that the persons or agencies had in obtaining the information.
Procedures for Accessing
Education Records
The student requests the custodian to allow him to inspect the education record. The student may ask for an explanation and/or a copy of the education record. (The price of copies shall not exceed the cost of duplicating the record.) After consultation with the custodian, errors may be corrected at that time by the custodian.
If there is a disagreement between the student and the custodian, after exhausting reasonable means of reconciliation with the custodian, the student may submit a request for a formal hearing. The request, and the formal challenge to the content of the records, must be presented in writing to the chairman of the University Appeals Committee. The chairman shall call a meeting of the committee or place this meeting no later than 45 days after receipt of the written appeal and challenge.
The committee will allow the student to present evidence to substantiate the appeal and shall render a written decision to the student within 45 days after the meeting.
NOTE: This procedure does not provide for a hearing to contest an academic grade.
Rights of Access Do Not Include
- Financial records of parents or any information therein;
- Confidential letters and statements of recommendation which were placed in the education records of a student prior to January 1, 1975;
- Records to which access has been waived by a student. (This applies only if a student, upon request, is notified of the names of all persons making confidential recommendations and if such recommendations are used solely for the purpose they were intended.)
Informing Students
TSU shall inform its students of its policy governing “Privacy Rights of Students Education Records” by publishing the policy in the University Catalogs and Class Schedules.