FERPA
Annual Notice of Student Rights Under FERPA
Under the Family Educational Rights and Privacy Act (FERPA), students have the right to access their education records, seek to have the records amended, and have some control over the disclosure of personally identifiable information. Southwestern maintains records for each student, including but not limited to personally identifiable information, academic records, disciplinary records, and admissions records. Southwestern recognizes the importance of safeguarding sensitive information contained in student records. Students should refer to Southwestern’s Student Records Policy – FERPA for more information.
Students have the following rights under FERPA:
1. The right to inspect and review education records
A student may inspect their academic transcript during normal working hours according to Registrar Office protocols. To see other education records, the student must submit the Student Records Request Form to the Registrar’s Office at registrar@swlaw.edu. A mutually convenient time will be arranged within 15 business days after Southwestern receives the request.
2. The right to request the amendment of the education records
If a student believes that a record is inaccurate, misleading, or otherwise inappropriate, the student may submit a written request to the Registrar to correct the record. If Southwestern denies the student’s request to correct a record, the student may submit a written request to the Vice Dean assigned to supervise academic programs for a hearing to challenge the content of the record.
3. The right to consent to disclosures of personally identifiable information
Students have the right to provide written consent before Southwestern or its representatives disclose personally identifiable information from student records, except to the extent that FERPA authorizes disclosure without consent, including disclosures via transcript notations. Southwestern 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 Southwestern in an administrative, supervisory, academic, research, or support staff position (including security unit personnel); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary committee. A school official may also include a volunteer or contractor outside of Southwestern who performs an institutional service or function for which Southwestern would otherwise use its own employees and who is under the direct control of Southwestern with respect to the use and maintenance of personally identifiable information from education records (e.g., an attorney, auditor, collection agent, housing management company personnel, or a student volunteering to assist another school official in performing their tasks). External agents of Southwestern that are considered school officials with legitimate educational interests include organizations such as the National Student Clearinghouse. A school official has a legitimate educational interest if they need to review an education record to fulfill their professional responsibilities for Southwestern. Upon request, Southwestern also discloses education records without consent to officials of another school where a student seeks or intends to enroll or has already enrolled.
4. The right to file a complaint
Any student has the right to file a complaint with the U.S. Department of Education concerning alleged failures by Southwestern to comply with the requirements of FERPA. The name and address of the office that administers FERPA is the U.S. Department of Education Student Privacy Policy Office, 400 Maryland Avenue SW, Washington, DC 20202-8520.
Health and Safety Emergency
Southwestern may disclose personally identifiable information from a student’s education record to appropriate officials in connection with a health or safety emergency.
Directory Information
At its discretion, Southwestern may provide “directory information” in accordance with the provisions of FERPA. Directory Information is defined as information that would not generally be considered harmful or an invasion of privacy if disclosed. Designated directory information at Southwestern includes the following:
- Name
- Address
- Telephone numbers
- Southwestern email address
- Photograph
- Date and place of birth
- Dates of attendance
- Grade level
- Enrollment status (e.g., full-time or part-time)
- Participation in officially recognized activities
- Degrees
- Honors and awards received
- Most recent educational institution attended.
Students may block the public disclosure of directory information by notifying the Registrar’s Office in writing. While this choice enhances privacy, it can also create challenges. The Registrar’s Office will be unable to verify a student’s enrollment status, degrees earned, or attendance dates for third parties, including potential employers. Students should carefully consider these impacts before deciding to restrict access to their directory information.