Privacy Rights

Return to Policies and Procedures  

• Types of Records and Officials Responsible for Maintenance of Records
• Procedures for Challenging Content of Records
• Cost of Reproducing Files
• Directory Information

The Family Educational Rights and Privacy Act (FERPA) of 1974 as amended details the access of student records held and maintained by educational institutions. The law further requires that parents or eligible students be notified of the types of records held and officials responsible for such records.

Parents have the right of access, review and challenge for elementary and secondary students (under the age of 18). The student assumes the rights of the parents at age 18 or upon attendance at a post-secondary institution. However, if the student is considered dependent (according to the 1954 Internal Revenue Code), both the student and parents have access rights. A student’s records will be released to parents only after receipt of reasonable proof of dependency.

Pursuant to Section 99.13, students have the right of access to all educational records except those specifically excluded under the amendments to the Privacy Act. The following materials are specifically exempted from access by students: (1) Personal notes of teachers and administrators, provided these notes are not available to a third party other than a teacher’s substitute; (2) Law Enforcement Records, to include those of the campus police force; (3) Medical, psychological and counseling records. The privacy of student medical records is protected by Ohio law and they are not available to anyone except those providing the treatment. These records are excluded from FERPA as long as they are used only for treatment and are not used for educational purposes. Student medical and counseling records are also excluded from the provisions of the Health Insurance Portability and Accountability Act (HIPAA).

In addition to the above excepted information, students may not inspect financial information submitted by their parents, nor may they inspect confidential letters of reference placed in the file prior to January 1, 1975.

The student does have the right of access upon request to all other educational records and files which are directly related to the student with proper identification. This includes all admissions records, registration files, financial aid materials (excluding financial information submitted by their parents as mentioned above), housing files, discipline records and any athletic records.

University employees who have an “educational need to know” and others with the expressed consent of the student also have the right of access to a student’s records. In compliance with Section 99.5 of the Family Educational Rights and Privacy Act of 1974, the following information is published for all students at Xavier University.

Types of Records and Officials Responsible for Maintenance of Records

Requests for the following records should be directed to the appropriate office at Xavier University, 3800 Victory Parkway, Cincinnati, Ohio 45207-1092.

Procedures for Challenging Content of Records

Upon request, students may challenge the content of their education records through a hearing on the ground that the information contained in the education records is inaccurate, misleading, or in violation of the privacy rights of the student.  Student requests for a hearing must be made in writing the Office of the Registrar. Within a reasonable period of time after receiving such requests, the Registrar or designee will inform the student of the date, place and time of the hearing. The student has the right to present evidence that the challenged material is inaccurate, misleading, or in violation of the privacy rights of the student.  Students should specifically request the desired correction or deletion of the material. Decisions rendered at the hearing will be final, and will be based on the evidence collected prior to and presented at the hearing, which could include information gained by the Registrar by consulting with other University departments. The Registrar will summarize the evidence, state the decision (whether the record is amended), and state the reasons for the decision. This written report will be delivered to all parties concerned. 

In the event the education record is not amended, the student shall have the right to place a statement in the record commenting on the contested information in the record or stating why they disagree with the decision of the University. If such a statement is placed in the education record, the University shall: 1) maintain the statement with the contested education record for as long as the record is maintained and 2) disclose the statement whenever Xavier discloses the portion of the record to which the statement relates.

Cost of Reproducing Files

Students have a right to request and receive copies of all accessible materials with certain exceptions, e.g., a copy of the official academic record for which a financial “hold” exists. The cost of reproduction shall be borne by the requesting party, and shall not exceed the cost to the institution. The current charge for photocopying must be paid per page, per copy. The current charge for transcripts must be paid for a complete copy of the academic record.

Directory Information

The Family Educational Rights and Privacy Act (FERPA) permits the public release of what is termed “directory information.” For Xavier University’s purposes, this information includes the following: the student’s name, all addresses (including email) and telephone listings, date and place of birth, any photographs including All Card photo, major field of study, number of hours registered and full or part-time status, class standing (freshman, sophomore, junior, senior, graduate), participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees awarded and total hours earned, special honors and awards, and the most recent previous educational agency or institution attended by the student.

A request for nondisclosure of the “directory information” must be filed with the Office of the Registrar, and will be honored by the institution until the student asks to have it removed, whether or not the student is currently registered. Upon the death of a student, all privacy holds are removed.