Rights to Privacy
Educational records of students are maintained officially by Chaminade University of Honolulu (CUH), Office of the Registrar. Faculty and staff members may also keep informal records related to their functional role with a student. The education records of CUH students are considered confidential. Right of access to these records is protected under the Federal Family Educational Rights and Privacy Act (FERPA) of 1974.
Notice of Rights under the Family Educational Rights and Privacy Act (FERPA) And Notice for Directory Information
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 post-secondary institution.) These rights include:
- The right to inspect and review the student’s education records within 45 days after the day Chaminade University of Honolulu receives a request for access. A student should submit to the Registrar a written request that identifies the record(s) the student wishes to inspect. The Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Registrar to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
- The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. 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 an appeal regarding the request for amendment. All appeals will go to the Executive Director for Compliance who will consider the appeal and relevant information before issuing a written decision.
- The right to provide written consent before the university discloses personally identifiable information (PII) 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 Chaminade 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. A school official also may include a volunteer or contractor outside of Chaminade 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 PII 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 the School.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by Chaminade 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
Disclosure of Records
For the most part, student records may be released only upon receipt of written consent from the student. Records may be released without the student’s consent, however, to school officials who have legitimate education interest in the records. A school official is defined as a person who is employed by the university in:
- an administrative, supervisory, academic, research or support staff position, or
- employed by or under contract to the university to perform a special task.
Legitimate educational interest is defined as performing a task that is specified in a university job description or contract agreement as it relates to a student’s education. Examples of this are:
- Officials of another school, upon request, in which a student seeks or intends to enroll
- Officials of any federally-supported program or individual acting on their behalf
- Financial aid officials in regard to a student’s request or receipt of financial aid in determining eligibility, amounts, conditions or enforcement of the terms of conditions
- Organizations conducting certain studies for or on behalf of the university
- Accrediting organizations to carry out their functions
- To comply with a judicial order or a lawfully issued subpoena
- Appropriate parties in a health or safety emergency
- An alleged victim of any crime of violence, as stated by law, and the results of any disciplinary proceedings conducted by the university against the alleged perpetrator of that crime with respect to that crime
Health and Safety
The “health or safety emergency” exception permits non-consensual disclosure of education records (including personally identifiable, non-directory information from education records) if knowledge of the information requested is necessary to protect the health or safety of the student or other individuals. This exception has been narrowly construed, has been temporally limited to the period of the emergency, and only covers that information related to the emergency; it does not allow for a blanket release of personally identifiable information from a student’s records.
Health and Safety and the Patriot Act
In the weeks immediately following the September 11 attacks, hundreds of colleges and universities received requests for information about foreign students, without supporting subpoenas. The U.S. Department of Education’s position was, and as is made clear in its recently issued Guidance still is, that this exception applies in cases such as the September 11 attack itself, but any release of information, even in those circumstances, “must be narrowly tailored considering the immediacy, magnitude, and specificity of information concerning the emergency.” Ongoing investigations into terrorist activities generally are not likely to fall within this exception due to the absence of immediacy and specificity. U.S. DOE Guidance – 2001 FERPA Amendments Pursuant to the USA Patriot Act.
The Patriot Act amends FERPA in a significant way to make it easier for law enforcement officials to secure, and therefore for institutions to release, education records without student consent. Under the amendments, the Attorney General, or designee, may now obtain an ex parte court order requiring CUH to turn over education records relevant in a terrorism investigation. An ex parte order is one issued by a court without notice to an adverse party. Not only can the order be obtained ex parte, but CUH can turn over the requested records without the consent of, or even notice to, the parent or student. In addition, the amendments provide that CUH is not required to even record the disclosure of this information, as it is required to do in other disclosure circumstances.
Directory Information
CUH may disclose appropriately designated “directory information” without written consent unless you have advised CUH to the contrary in accordance with CUH procedures. The primary purpose of directory information is to allow CUH to include this type of information from your education records in certain school publications.
Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without your prior written consent. Outside organizations include, but are not limited to, companies that manufacture athletic uniforms or create publications for the university.
If you do not want CUH to disclose directory information from your education records without your prior written consent, you must notify the Registrar in writing. All requests are to be sent to the following address:
Office of Student Success, Records
3140 Waialae Avenue
Honolulu, HI 96816
CUH designates the following categories of directory information:
- Name, address, CUH email address, telephone number, dates of attendance, enrollment status, and class standing such as Freshman, Sophomore, Junior, Senior, or Graduate.
- Previous institutions attended, major fields of study, awards, honors (includes Dean’s List, graduation, degrees conferred including dates), and scholarship awards.
- Past and Present participation in officially recognized sports and extracurricular activities, physical factors such as height and weight, date and place of birth, and photographs.
Additionally, if you request to forward your education records to another post-secondary institution, CUH will forward your records without prior notification.
FERPA becomes effective on the first day of classes for those newly admitted students who have scheduled at least one course. A student who accepted an admission offer but did not schedule at least one course, or a newly admitted student who canceled their registration either before or after the semester begins, is not covered by FERPA.
CUH’s Policy on Requests for Personal Information about Faculty, Staff, and Students
This Policy outlines how CUH faculty and staff whose position responsibilities do not cover providing this type of information should handle requests for personal information including requests under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (the “USA PATRIOT Act” or “Act”). The Act covers four areas:
- Privacy of Student Records
- Information Technology
- Subpoenas, Warrants, and Court Orders
- Environmental Health & Safety (see Health and Safety section above)
For more information, view the Provisions of the Act (PDF).
The Act amends the Family Educational Rights and Privacy Act (FERPA) to permit or require educational institutions to disclose education records to federal law enforcement officials without student consent or knowledge, in some circumstances. The Act also amends the Foreign Intelligence Surveillance Act of 1978 (FISA) and the Electronic Communications Privacy Act of 1986 (ECPA).
In order for the university to meet the compliance requirements of the USA PATRIOT Act and its legal responsibilities to protect the privacy of and safeguard personal information, university employees will follow the following protocols in responding to requests for personal information (e.g., court orders, subpoenas, warrants, and written and oral requests for information):
If a request is received during normal business hours:
- Do not respond/produce any documents. The university representative will then handle the matter in consultation with CUH General Counsel’s office. Immediately contact Vice President of Administration and General Counsel Christine Denton at (808) 739-8597 or [email protected].
- Do not discuss or disclose ANY information regarding ANY legal request for information with anyone, including the person being investigated, except for CUH’s General Counsel. Federal law may make it a crime to notify the individual on whom information is sought.
If a request is received after normal business hours:
- Do not respond/produce any documents. Notify the requesting person that the matter will be referred to the General Counsel’s office for review during normal business hours.
- Do not discuss or disclose ANY information regarding ANY legal request for information with anyone, including the person being investigated, except for CUH’s General Counsel. Federal law may make it a crime to notify the individual on whom information is sought.
CUH’s Policy on Student Employees’ Response to Requests for Personal Information about Faculty, Staff, and Students
Student employees should not respond to requests for information other than as described in their job function.
If a request outside the job description is received:
- Do not respond or produce any documents. Refer the requestor to your supervisor. If your supervisor is not present, refer the requestor to the General Counsel’s office.
- Do not discuss or disclose ANY information regarding ANY request for information with anyone. In particular, federal law may make it a crime to notify The individual on whom information is sought.
