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University Policy on Disclosure of Student Records

Family Educational Rights and Privacy Act (Buckley Amendment)

The University of the Pacific adheres to a policy of compliance with the Family Educational Rights and Privacy Act (Buckley Amendment). As such, it is the policy of the university (1) to permit students to inspect their education records, (2) to limit disclosure to others of personally identifiable information from education records without students’ prior written consent, and (3) to provide students the opportunity to seek correction of their education records where appropriate.

  1. Definitions
    1. “Student” means an individual who is or who has been in attendance at University of the Pacific. It does not include any applicant for admission to the university who does not matriculate, even if he or she previously attended the university. (Please note, however, that such an applicant would be considered a “student” with respect to his or her records relating to that previous attendance.)
    2. “Education records” include those records that contain information directly related to a student and that are maintained as official working files by the University. The following are not education records:
      1. records about students made by instructors, professors and administrators for their own use and not shown to others;
      2. campus police records maintained solely for law enforcement purposes and kept separate from the education records described above;
      3. employment records, except where a currently enrolled student is employed as a result of his or her status as a student;
      4. records of a physician, psychologist, or other recognized professional or paraprofessional made or used only for treatment purposes and available only to persons providing treatment;
      5. records that contain only information relating to a person’s activities after that person is no longer a student at the university.
  2. It is the policy of the University of the Pacific to permit students to inspect their education records.
    1. Right of Access

      Each student has a right of access to his or her education records, except confidential letters of recommendation received prior to January 1, 1975, and financial records of the student’s parents.
       
    2. Waiver

      A student may, by a signed writing, waive his or her right of access to confidential recommendations in three areas: admission to any educational institution, job placement, and receipt of honors and awards. The university does not require such waivers as a condition for admission or receipt of any service or benefit. If the student chooses to waive his or her right of access, he or she is notified, upon written request, of the names of all persons making confidential recommendations. Such recommendations are used only for the purpose for which they were specifically intended. A waiver may be revoked in writing at any time, and the revocation applies to all subsequent recommendations, but not to recommendations received while the waiver was in effect.
       
    3. Types of Education Records, Titles of Records Custodians

      Please note that all requests for access to records should be routed through the Office of the Registrar.
      1. Academic Records
        All ongoing academic and biographical records/Registrar.
      2. Departments
        Miscellaneous records kept vary with the department/ Department Chairs.
      3. Schools/Colleges
        Miscellaneous records/Deans.
      4. Residential Life
        Students’ housing records/Assistant Dean of Students for Rental Life and Housing.
      5. Advisors
        Letters of evaluation, personal information sheet, transcript, test scores.
      6. Counseling Center
        Biographical data, summaries of conversations with students, test results. (Where records are made and used only for treatment purposes, they are not education records and are not subject to this policy)/Director.
      7. Financial Aid
        Financial aid applications, needs analysis statements, awards made (no student access to parents’ confidential statements)/Director of Financial Aid.
      8. Career and Internship Center
        Recommendations, copies of academic records (unofficial)/ Director.
      9. SUCCESS
        Records of academic progress, transcripts/Director.
      10. Business Services
        All student accounts receivable, records of students’ financial charges, and credits with the University/Bursar.
      11. Services for Students with Disabilities
        Educational, psychological and medical evaluations/reports as well as diagnostic testing informations, including Individualized Education and Transition Plans/Coordinator.
        1. Procedure to be Followed:

          Requests for access should be made in writing to the Office of the Registrar. The University complies with a request for access within a reasonable time, at least within 45 days. In the usual case, arrangements are made for the student to read his or her records in the presence of a staff member. If facilities permit, a student may ordinarily obtain copies of his or her records by paying reproduction costs. The fee for copies is $.25 per page. The University does not provide copies of any transcripts in the student’s records other than the student’s current university transcript. Official university transcripts (with university seal) are provided at a higher charge.
  3. It is the policy of University of the Pacific to limit disclosure of personally identifiable information from education records unless it has the student’s prior written consent, subject to the following limitations and exclusions.
    1. Directory Information
      1. The following categories of information have been designated directory information:

        Student's name
        University ID number *
        Mailing and local address
        Telephone number
        E-mail address
        Photograph/Video
        Date and place of birth
        Degrees, honors, and awards
        Major field of study
        Grade level
        Dates of attendance, including matriculation and graduation
        Enrollment status (undergraduate, predoctoral, graduate, full-, part-time)
        Most recent educational agency or institution attended
        Participation in officially recognized activities and sports
        Weight and height of members of athletic teams
         
      2. This information is disclosed even in the absence of consent unless the student files written notice requesting the University not to disclose any of the categories within three weeks of the first day of the semester in which the student begins each school year. This notice must be filed annually within the above allotted time to avoid automatic disclosure of directory information. The notice should be filed with the Office of the Registrar. See II.C.
      3. The University gives annual public notice to students of the categories of information designated as directory information.
      4. Directory information may appear in public documents and otherwise be disclosed without student consent unless the student objects as provided above.
      5. All requests for non-disclosure of directory information are implemented as soon as publication schedules will reasonably allow.
      6. The University uses its best efforts to maintain the confidentiality of those categories of directory information that a student properly requests not be publicly disclosed. The University, however, makes no representations, warranties, or guarantees that directory information designated for non-disclosure does not appear in public documents.
    2. Prior Consent Not Required
      Prior consent is not required for disclosure of education records to the following parties:
      1. School officials of University of the Pacific who have been determined to have legitimate educational interests.
        1. “School officials” include instructional or administrative personnel who are or may be in a position to use the information in furtherance of a legitimate objective;
        2. “Legitimate educational interests” include those interests directly related to the academic environment;
      2. Authorized representatives of the Comptroller General of the U.S., the Secretary of Education, the Secretary of the Department of Health and Human Services, the Director of the National Institute of Education, the Administrator of the Veterans’ Administration, but only in connection with the audit or evaluation of federally supported education programs, or in connection with the enforcement of or compliance with Federal legal requirements relating to these programs. Subject to controlling Federal law or prior consent, these officials protect information received so as not to permit personal identification of students to outsiders and destroy such information when it is no longer needed for these purposes;
      3. Authorized persons and organizations that are given work in connection with a student’s application for, or receipt of, financial aid, but only to the extent necessary for such purposes as determining eligibility, amount, conditions, and enforcement of terms and conditions;
      4. State and local officials to which such information is specifically required to be reported.
      5. Organizations conducting educational studies for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction. The studies are conducted so as not to permit personal identification of students to outsiders, and the information is destroyed when no longer needed for these purposes;
      6. Accrediting organizations for purposes necessary to carry out their functions;
      7. Parents of a student who is a dependent for income tax purposes. (Note: The University may require documentation of dependent status such as copies of income tax forms.)
      8. Appropriate parties in connection with an emergency, where knowledge of the information is necessary to protect the health or safety of the student or other individuals;
      9. In response to a court order or subpoena, the University makes reasonable efforts to notify the student before complying with the court order.
      10. To an alleged victim of any crime of violence of the results of any institutional disciplinary proceeding against the alleged perpetrator of that crime with respect to that crime.
      11. May disclose education records to officials of another school in which a student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer.
    3. Prior Consent Required

      In all other cases, the University does not release personally identifiable information in education records or allow access to those records without prior consent of the student. Unless disclosure is to the student himself or herself, the consent must be written, signed, and dated, and must specify the records to be disclosed, the identity of the recipient, and the purpose of disclosure. A copy of the record disclosed is provided to the student upon request and at his or her expense.

      The University, along with the student’s education records, maintains a record for each request and each disclosure, except for the following:
      1. disclosures to the student himself or herself;
      2. disclosures pursuant to the written consent of the student (the written consent itself suffices as a record);
      3. disclosures to instructional or administrative officials of the University.
      4. disclosures of directory information. This record of disclosures may be inspected by the student, the official custodian of the records, and other university and governmental officials.
    4. It is the policy of University of the Pacific to provide students the opportunity to seek correction of their education records.
      1. Request to Correct Records
        A student who believes that information contained in his or her education records is inaccurate, misleading, or violative of privacy or other rights may submit a written request to the Office of the Registrar specifying the document(s) being challenged and the basis for the complaint. The request will be sent to the person responsible for any amendments to the record in question. Within a reasonable period of time of receipt of the request, the University decides whether to amend the records in accordance with the request. If the decision is to refuse to amend, the student is so notified and is advised of the right to a hearing. He or she may then exercise that right by written request to the Office of the Registrar.
         
      2. Right to a Hearing
        Upon request by a student, the University provides an opportunity for a hearing to challenge the content of the student’s records. A request for a hearing is made in writing and submitted to the Office of the Registrar. Within a reasonable time of receipt of the request, the student is notified in writing of the date, place, and time reasonably in advance of the hearing.
         
      3. Conduct of the Hearing
        The hearing is conducted by a university official who does not have a direct interest in the outcome. The student has a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney.
         
      4. Decision
        Within a reasonable period of time after the conclusion of the hearing, the University notifies the student in writing of its decision. The decision is based solely upon evidence presented at the hearing and includes a summary of the evidence and the reasons for the decision. If the University decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the University amends the records accordingly.
         
      5. Right to Place an Explanation in the Records
        If, as a result of the hearing, the University decides that the information is not inaccurate, misleading, or otherwise in violation of the student’s rights, the University informs the student of the right to place in his or her record a statement commenting on the information and/or explaining any reasons for disagreeing with the University’s decision. Any such explanation is kept as part of the student’s record as long as the contested portion of the record is kept and is disclosed whenever the contested portion of the record is disclosed.
         
      6. Right to File Complaint
        A student alleging university noncompliance with the Family Educational Rights and Privacy Act may file a written complaint with the Family Educational Rights and Privacy Act Office (FERPA).

        Department of Education
        600 Independence Ave, S.W.
        Washington, D.C. 20202-4605.