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X. FERPA

FERPA at Canisius

FERPA for Faculty & Staff

FERPA at Canisius College

The Family Educational Rights and Privacy Act of 1974, as amended (FERPA), is the federal law governing individuals’ access to student records. The guiding principle of FERPA is that education records are private and that students have the right to limit their disclosure to third parties.

FERPA grants students the right to inspect and review their education records, the right to request to amend their education records and the right to limit disclosure of some personally identifiable information known as directory information.

For purposes of FERPA, “education records” are all records which contain information directly related to a student and maintained by Canisius College. Records that are not “education records” include but are not limited to sole possession, law enforcement, employment, medical and counseling, and post-attendance records. A "student" is defined as one who has attended or is attending Canisius College and regarding whom Canisius College maintains education records.

Normally, education records will not be released – nor access given – to third parties without written consent of the student unless the party meets one of the following:

  • To school officials who have a legitimate educational interest in the records.
  • To Federal, State, and local officials involving an audit or evaluation of compliance with educational programs.
  • To anyone who is providing financial aid to the student (“financial aid” does not include any payments made by parents).
  • To organizations conducting certain studies for or on behalf of the College.
  • To accrediting organizations to carry out their functions.
  • To comply with a judicial order or a lawfully issued subpoena.
  • To parents of a dependent student.
  • To appropriate parties in a health or safety emergency.
  • To schools in which a student seeks or intends to enroll.
  • To an alleged victim of a crime of violence of the results of a disciplinary hearing regarding the alleged perpetrator of that crime with respect to that crime.
  • To parents/legal guardian when their children (under age 21) are found to have violated the Canisius College alcohol or drug policy
  • To military recruiters who request “Student Recruiting Information” for recruiting purpose only.
  • To the Internal Revenue Service (IRS) for purposes of complying with the Taxpayer Relief Act of 1997.
  • To the Bureau of Citizenship and Immigration Services (BCIS) for purposes of the Student and Exchange Visitor Program.
  • To authorized representatives of the Department of Veterans Affairs for students receiving educational assistance from the agency.
It should be noted that FERPA permits the disclosure of education records to the parents of a dependent student. The College, however, considers its students to be adult decision-makers; as such, students have the right and responsibility to share information about their grades and degree pursuit with their parents and/or guardians. This means that the staff of the College normally will not give out information about grades or degree pursuit and will instead suggest that parents or guardians have conversations directly with students about these matters. The college’s policy provides a greater degree of privacy for dependent students than FERPA would require. If the student or the parent wish to have this information released to the parents, the student must sign an Authorization to Disclose Grades form with the Registrar’s Office, Bagen 106.

There are exceptions to the foregoing Canisius policy. When a student who is the dependent of a parent or guardian is failing a course at midterm and fails to make or keep a progress appointment with the designated academic advisor, when a student has conditions placed on number and kind of courses for which s/he can register because of probationary grade point average, and/or when a student has conditions placed on number and kind of course for which s/he can register because the student has been academically dismissed but reinstated through appeal, the college will notify the parent or guardian of such events.

A notification of releases made to third parties shall be kept in the student’s record (unless forbidden by a judicial order or subpoena). The third party shall be informed that no release of personally identifiable data is authorized without the written consent of the student.

The college has established the following procedures enabling students
to have access to their records:

1. The student may inspect and review his or her record by filling out a request form at the office where the record of interest is maintained. Students may not inspect and review the following:

  • Financial information submitted by parents.
  • Confidential letters and recommendations placed in their files prior to January 1, 1975.
  • Confidential letters and statements of recommendation placed in records after January 1, 1975, to which the student has waived his or her right to inspect and review.
  • Education records containing information about more than one student; however, in such cases, students will be given access to the part of the record which pertains only to the inquiring student.
2. Access is to be granted promptly and no later than 30 days from the date of the request.

3. The student may obtain copies of documents to which he or she is entitled. The college may charge for these copies.

4. The student may request and receive interpretation of his or her record from the person (or designee) responsible for maintaining the record

Students have the right to challenge the content of their education records if they consider the information contained therein to be inaccurate, misleading or inappropriate. The process includes and opportunity for amendment of the records or insertion of written explanations by the student into such records. The procedures for challenging records can be found in the Office of Student Affairs, Old Main 102.

Unlike education records, directory information shall be released freely unless the student files the appropriate form requesting that certain information may not be released. This form is available at the Registrar’s Office, Bagen 106. Directory information includes but is not limited to name, address, email address, phone number, photograph, date and place of birth, major field of study, dates of attendance, grade level, enrollment status, participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards, received, and most recent education agency or institution attended.

This policy does not preclude the destruction of any record the college does not consider germane. Persons in charge of records shall ensure that only pertinent items are retained in student files. The forms for "Request for Confidential Status of Directory Information" and "Authorization to Disclose Grades" shall be removed from a student's educational records upon graduation unless the student makes a specific request that these forms remain.

FERPA for Faculty & Staff

To fulfill the basic requirements of compliance with the Act, Canisius College must prevent improper disclosure of personally identifiable information from educational records, provide opportunity for challenge of the contents of educational records as required by FERPA and its regulations, and maintain adequate records of requests and disclosures.

  • Faculty and staff may disclose Directory Information (names, addresses and phone numbers, enrollment and dates of attendance, degrees and any honors awarded) about students only if the students have not requested that this information remain confidential. Requests for confidentiality are filed in the Student Records Office. In addition, Banner will signal that students have made a request of confidentiality. Directory information should not be disclosed if it is unknown whether a student has requested confidentiality.
  • Faculty and staff should insure the privacy of students' work, grades and Directory information if so requested.
  • The College considers its students to be adult decision-makers; as such, students have the right and responsibility to share information about their grades and degree pursuit with their parents and/or guardians. This means that the faculty and staff of the College normally will not give out information about grades or degree pursuit and will suggest that parents or guardians have conversations directly with students about these matters.
  • Grades should not be posted, physically or electronically, with students' names or with college ID Numbers or Social Security Numbers. If grades are posted, random numbers should be assigned, and these numbers should be arranged in random, rather than alphabetical, order.
  • Students' work, exams, papers, etc., should not be left in public locations for pickup unless contained individually within sealed envelopes.
  • Student records should not remain displayed on computer screens for anyone other than the student and staff member to view.
  • Canisius College will disclose information from a student's educational records only with the written consent of the student, except:
      1. To school officials who have a legitimate educational interest in the records.
      2. To Federal, State, and local officials involving an audit or evaluation of compliance with educational programs.
      3. To anyone who is providing financial aid to the student (“financial aid” does not include any payments made by parents).
      4. To organizations conducting certain studies for or on behalf of the College.
      5. To accrediting organizations to carry out their functions.
      6. To comply with a judicial order or a lawfully issued subpoena.
      7. To parents of a dependent student.
      8. To appropriate parties in a health or safety emergency.
      9. To schools in which a student seeks or intends to enroll.
      10. To an alleged victim of a crime of violence of the results of a disciplinary hearing regarding the alleged perpetrator of that crime with respect to that crime.
      11. To parents/legal guardian when their children (under age 21) are found to have violated the Canisius College alcohol or drug policy.
      12. To military recruiters who request “Student Recruiting Information” for recruiting purpose only.
      13. To the Internal Revenue Service (IRS) for purposes of complying with the Taxpayer Relief Act of 1997.
      14. To the Bureau of Citizenship and Immigration Services (BCIS) for purposes of the Student and Exchange Visitor Program.
      15. To authorized representatives of the Department of Veterans Affairs for students receiving educational assistance from the agency.
  • The College and its faculty and staff are not required to disclose educational records, including but not limited to midterm progress and final grades, to parents or guardians of dependent students. Determinations about whether information should be released should be made by those staff who maintain the records, namely the Student Records Office, Offices of Deans, and the Student Advisement Center. Faculty and staff should refer those making the request (e.g. parents and guardians of dependent children) to staff members in these offices.