Purpose
The purpose of this policy is to comply in part with Title 43: Education Law PART 99-Family Education Rights and Privacy Act (FERPA) and to establish how and where the university will maintain records pertaining to enrolled students.
Policy
Educational records are maintained in the Office of the Registrar. The Family Educational Rights and Privacy Act of 1974 states that students may have access to their educational records. At the same time, the act protects the rights to privacy of students by limiting the transferability of records without a student’s consent. For additional information, please refer to the university’s FERPA policy.
Definitions
Education records—are those records that:
- Are acquired or evolve through the process of establishing and maintaining enrollment;
- Alter or further the student’s progress toward graduation or a post graduate goal;
- Pertain to a student’s academic progress;
- Pertain to persons who have been admitted, paid the general deposit and anticipate starting their enrollment in not more than four and one-half months’ time; and
- Contain pertinent judicial records that are retained when a student has been removed from the university.
Procedures/Guidelines
I. Change of name, address, or marital status
To change personal information such as address or phone number, a student must complete a change of personal information form which can be found in the Office of the Registrar or on myLynn. The change of name form (available on myLynn) and required documents must be delivered via US mail or in person.
II. Communications with parents
The university's policy regarding disclosure of student information to parents is based upon legal requirements and the university's philosophy that students should be treated as adults. The university generally will not share educational records (other than directory information) with third parties, including parents or guardians, without student consent except in limited circumstances where such disclosure is permitted under FERPA (described below) and where the university determines in its discretion that disclosure is appropriate.
- In connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.
- To the parent or legal guardian of a student under the age of 21 as it relates to information regarding the student's violation of a university policy governing the use or possession of alcohol or drugs.
- To a person who submits a written affirmation that they are the parent or legal guardian of a student and that the student is a dependent within the meaning of Section 152 of Internal Revenue Code of 1954.
- In other limited circumstance as allowed under FERPA and its implementing regulations, as they may be amended.
In cases involving a health or safety emergency or a violation of a university policy regarding the use or possession of alcohol or drugs, a decision to notify parents or guardians about information contained in an education record- and the actual communication of the information to the parents or legal guardian- will be made by Student Affairs after consultation with other appropriate offices. Whenever practicable, a student whose parents or legal guardians are to be notified will be informed before such notification occurs when practicable and given an opportunity to initiate contact with parents or guardians.
III. Health records
Student health records are maintained in the Health Center and kept for seven (7) years after the student graduates or withdraws from the university. As a prerequisite to enroll at Lynn University, students must have completed and passed a health examination as outlined in the health and wellness requirements for students policy, and keep their file in proper status in the Health Center. To obtain information, students must contact the director of the Health Center.
Treatment records
Under FERPA, medical and counseling treatment records are not available to anyone other than professionals providing treatment to the student, or to physicians or other appropriate professionals of the student's choice.
While "treatment records" are excluded from the definition of "education records" under FERPA, it is important to note that the university may disclose an eligible student's treatment records for purposes other than the student's treatment provided that the records are disclosed under one of the exceptions to written consent under 34 CFR § 99.31(a) or with the student's written consent under 34 CFR § 99.30. If the University discloses an eligible student's treatment records for purposes other than treatment, the treatment records are no longer excluded from the definition of "education records" and are subject to all other FERPA requirements, including the right of the eligible student to inspect and review the records.
IV. Residential records
Student residential files are maintained in the Office of Housing and Residence Life. These files contain the student’s housing contracts, room preference forms and any additional information or reports regarding the student’s residency. These are not considered a part of the student’s permanent file.
V. Student nonacademic files
Nonacademic student files are maintained in the Office of the Dean of Students. These files consist of incidents involving a student in any type of medical need (see treatment records above) and/or emergency, infractions of university policy, violations of the student code of conduct (from disciplinary probation through expulsion) and/ or reports filed by other university personnel or students. These files are confidential and considered part of the student’s permanent file.
Files pertaining to complaints falling under the university’s sexual harassment (Title IX) policy are maintained in the Office of the Title IX Coordinator. These files are confidential and once complete, are considered part of the student’s permanent file.
For more information about this policy, please contact the Registrar.