FERPA

Family Educational Rights and Privacy Act

Students' Rights

Procedure for students' rights:

Wilmington University is required to notify annually of their rights regarding privacy. An ongoing message in inserted in each registration booklet, website, student handbook and University Catalog.

Right to inspect and review student's record:

Students may inspect and review their education records by requesting to do so at the Office of the Registrar. Student should fill out the appropriate form to make this request, which identifies as precisely as possible the record or records she or he wishes to inspect. The Office of the Registrar will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given in 45 days or less from the receipt of the request. When a record contains information about more than one student, the student may inspect and review only the records that relate to her or himself.

Right to seek amendments to records:

Students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. Following are the procedures for the correction of records:

  1. A student must ask the Vice President of Academic Affairs by submitting the Request to Amend a Education Record form kept on file in the Office of the Registrar. In doing so, the student should identify the part of the record she/he wants changed and specify why she/he believes it is inaccurate, misleading or in violation of her or his privacy or other rights.
  2. Wilmington University may comply with the request or it may decide not to comply. If it decides not to comply, Wilmington University will notify the student of the decision and advise her/him of her/his right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's rights. Click here for the student request for a hearing form.
  3. Upon request, Wilmington University will arrange for a hearing, and notify the student, reasonably in advance, of the date, place, and time of the hearing.
  4. The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the University. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend her/his education records. She or he may be assisted by one or more individuals, including an attorney.
  5. Wilmington University will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
  6. If Wilmington University decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, it will notify the student that she/he has a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
  7. The statement will be maintained as part of the student's education records as long as the contested portion is maintained. If Wilmington University discloses the contested portion of the records, it must also disclose the statement.
  8. If Wilmington University decides that the information is inaccurate, misleading, or in violation of the student's right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.

Right to consent to disclosure:

Wilmington University designates the following items as Directory Information: name, address, telephone number, e-mail address, date and place of birth (only for official requests for group lists for legitimate agencies such as the US Air Force), 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, awards, most recent educational agency attended. NOTE: Directory Information is defined as information contained in the education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. The University may disclose any of these items without prior written consent, unless notified in writing by completing the Request to Restrict Directory Information form each academic year at the Office of the Registrar.

Exceptions to student rights regarding disclosure:

The University is authorized to disclose student information without consent in the following circumstances:

  • Information designated as “directory information”
  • Disclosure to school officials with legitimate educational interests
  • Disclosure to an alleged victim of a crime of violence
  • Disclosure to officials of another institution where student seeks to enroll
  • Request from Comptroller General of US, Secretary, or state/local educational authorities
  • Disclosure in connection with financial aid for which student has applied
  • Disclosure to accrediting agencies
  • Disclosure to parents of dependent students
  • To comply with judicial order or subpoena A reasonable attempt to notify must be made.)
  • Disclosure in connection with a health or safety emergency

Right to file a complaint:

Students have a right to file a complaint concerning alleged failure of Wilmington University to comply with the requirements of the Family Educational Rights and Privacy Act. Complaints should be mailed to:

Family Policy Compliance Office
US Department of Education
400 Maryland Avenue, SW
Washington DE 29292-4605

Request to disclose non-directory information

Students must give consent to Wilmington University to disclose their education records (non-directory) to other person(s). They must fill out the appropriate form in the Office of the Registrar to allow us to release such information. On that form they need to clearly indicate the appropriate names for Wilmington University to disclose education information to. The student can revoke this request at any time by filling out the form again and checking the box that prohibits the release of educational information.

Request to Review Education Records (from a third party)

Third parties requesting to review education records (non-directory) of a specific student must fill out the appropriate form housed in the Office of the Registrar. This form should identify the purpose of review and the name of requester and the affiliation associated with this requester. Once this form is appropriately filled out the information will be sent to the appropriate party.

**Please note: if companies already have a form with the student's signature allowing that company to review education records than this form is not needed.