Family Educational Rights And Privacy Act Policy
The Family Educational Rights and Privacy Act of 1974, as
amended, is a federal law that controls the confidentiality
of, and access to, student education records. The following
statement represents Marquette’s policy relating to
student education records. (Please note that FERPA may contain additional applicable provisions that are not
referenced in this Marquette policy.)
Effective Aug. 15, 1996, the university hereby adopts as its
policy with respect to the maintenance, inspection, review
and disclosure of student “education records” the following,
as far as authorized, permitted or required by FERPA.
For the purposes of this policy, Marquette University has
used the following definitions of terms.
Student — any person who attends or has attended
Education records — any record (in handwriting, print, tapes, film, electronic or other medium) maintained by the university or an agent of the university that is directly related to a student, except:
- A personal record kept by a staff member if it is kept in
the sole possession of the maker of the record and is
not accessible or revealed to any other person except a
temporary substitute for the maker of the record.
- An employment record of an individual whose employment
is not contingent on the fact that he or she is a
student, provided the record is used only in relation to
the individual’s employment.
- Records that are created and maintained by Public
Safety for law enforcement purposes.
- Records made or maintained by a physician, psychiatrist,
psychologist or other recognized professional or
paraprofessional acting in his or her professional or
paraprofessional capacity and that are used only in connection
with the treatment of a student and that are
disclosed only to individuals providing that treatment.
Note: Immunization records are considered education
- Alumni records that contain information about a student
after he or she is no longer in attendance at the university
and that do not relate to the person as a student.
Parent — includes a natural/adoptive parent of a student, a guardian or an individual acting as a parent in the absence of a parent or a guardian.
Qualified parent — is either (1) a parent who has been given written consent by a student for the parent to review the student’s education records or (2) either parent, as long as one has claimed the student as a dependent as defined in section 152 of the Internal Revenue Code of 1954 in the most recently ended tax year.
Record custodian — university employee, or designee, who maintains education records.
School official is:
- A person employed by the university in an administrative,
supervisory, academic, research or support staff position.
- A person elected to the Marquette University Board of Trustees.
- A person hired or utilized by the university on a
contractual and/or temporary basis to perform a special
function (e.g., attorneys, auditors, third-party vendors).
- A person utilized by the university for the purposes of
verifying scholarship, honor society or other academic honors
and/or selecting recipients for such honors or scholarships.
- A person utilized by the university in a volunteer capacity.
A school official has a “legitimate educational interest”
if the official is:
- Performing a task specified in his/her position description
or contract or pursuant to written/oral direction from
appropriate supervisory personnel.
- Performing a task related to a student’s education.
- Performing a task related to the discipline of a student.
- Providing a service or benefit relating to the student,
such as health care, counseling, job placement, honor
societies and academic honors consideration, or
financial aid, including scholarships.
Students will be notified of their FERPA rights each term
by email and by annual publication of this policy in the
student handbook. Additionally, this policy is posted at
3. Procedure to Inspect Education Records
Students may inspect and review their education records
upon request to the office of the appropriate record
custodian, hereafter referred to as “record custodian.” (See
the following listing of academic records/education records:
type, location, custodians.)
- An official Request to Inspect Education Records
form must be submitted to the appropriate record
custodian(s). Forms may be obtained from any record
custodian identified herein.
- The request must specify and identify as closely as
possible the desired records.
- At the time of the request, the student must
provide proper identification (photo I.D.) verifying
that he/she is the person whose record is being accessed.
- Inspection and review shall be permitted within 45
calendar days from the receipt of the student’s request.
- The designated staff person(s) must supervise the
review of the contents of the record with the student.
- Students will be free to make notes concerning
the contents but will not be allowed to remove any
materials from the records at the time of inspection.
When a record contains information about more than one student, the student may inspect and review only that portion of the record that relates to him/her.
Academic Records/Education Records
The following is a list of the types of records the university maintains, their locations and their custodians/custodian:
|Office of the Dean of each Undergraduate College/School
Office of the Dean of each
Office of the Registrar,
Program offices (EOP, FFP, Honors, etc.)
Dean of the College/School
Dean of the School
Chairperson of the department
Director of the Program
Office of Undergraduate Admissions,
Office of Admissions of Each Graduate/Professional School
Office of the Registrar,
Dean of Undergraduate Admissions
Director of Admissions of the School
|Career Service Records
||Career Services Center,
|Director of the Center
|Counseling and Testing Records
|Director of the Center
|Cumulative Academic Records
|Office of Registrar, Zilber Hall
|Disabled Student Services
||Office of Disability Services, Marquette Hall
||Coordinator of Disability Services
||Office of the Dean of Students, Alumni Memorial Union
||Dean of Students
Office of the Dean, Graduate/Professional School/Professional Studies/Undergraduate College
Office of the Registrar Zilber Hall
Dean of the College/School
| Financial Records
|| Office of the Bursar, Zilber Hall
| Financial Aid Records
Office of Student Financial Aid, Zilber Hall Office of the Dean,
Director of Student Financial Aid
Dean of the School
||Student Health Service,
Schroeder Health Complex
|Director of Student Health Service
||Department of Intercollegiate Athletics,
Al McGuire Center
|International Student Records
||Office of International Education,
Alumni Memorial Union
Office of the Dean,
Dean of the School
|Miscellaneous Records (student
education records not included in
the above list)
|The appropriate University official/employee
will locate and collect such records.
|The university official/employee who
maintains such records.
4. Right of the University to Refuse Access
The university reserves the right to refuse access to the
- Financial statements submitted by the parent(s)/
guardian or spouse. Such documents are not
considered to be part of the student’s education
records and can only be accessed with written
consent of the parent(s)/guardian or spouse.
- Letters and statements of recommendation for which
the student has waived his/her right of access or that
were placed in the file before Jan. 1, 1975.
- Records connected with an application to attend
Marquette University, or a component unit of
Marquette University, if that application was denied.
- Those records that are excluded from the FERPA
definition of education records.
5. Refusal to Provide Copies
Although the university will not deny a student access
to his/her education records, the university reserves the
right to deny a request for copies of education records,
including transcripts, diplomas and certificates in the
- If the student has an unpaid financial obligation to
- If there is an unresolved disciplinary action against
the student; or
- If there is an unresolved academic action against
- The university will not release transcripts or test scores
from other academic institutions or organizations.
6. Fees for Copies of Records
The university does not routinely provide copies. However,
if copies are provided, the fee will be 50 cents per page,
plus mailing costs.
7. Disclosure of Education Records
Personally identifiable information from the education
records of a student will be disclosed by the university
with the prior written consent of the student. However,
the university may disclose information without the prior
written consent of the student in the following circumstances:
- To school officials with a legitimate educational interest
in the records.
- To officials of another school, at the request of those
officials, in which a student seeks or intends to enroll.
- To certain officials of the U.S. Department of Education,
the U.S. Comptroller General, and state and local
educational authorities, in connection with certain state
or federally supported education programs.
- In connection with a student’s request for or receipt of
financial aid, as necessary to determine the eligibility,
amount or conditions of the financial aid, or to enforce
the terms and conditions of the aid.
- If disclosure is required by certain state laws relating
to the juvenile justice system.
- To organizations conducting certain studies for or on
behalf of the university.
- To accrediting organizations to carry out their functions.
- To either of two parents when at least one parent
has claimed the student as a dependent for income
tax purposes. A certified copy of the parents’ most
recent federal income tax form may be required to
- To comply with a valid court order or subpoena or to
comply with federal law (e.g., the USA Patriot Act or
the Solomon Amendment).
- To appropriate parties in a health or safety emergency.
- To a victim of an alleged perpetrator of a crime
of violence or a non-forcible sex offense, the final
results of a disciplinary proceeding conducted by
the university with respect to that alleged crime or offense. The university may disclose the final results
of the disciplinary proceeding, regardless of whether it
concluded a violation was committed.
- Directory information so designated by the university.
- To parents of students under the age of 21 when laws
or university policies regarding alcohol or drugs are
violated (see page 43, Parental Notification Policy).
- To a court or administrative agency in the event of legal
action between the university and a student.
8. Record of Requests for Disclosure
The university will maintain a record of all requests
for and/or disclosures of information from a student’s
education records, other than requests by or disclosures to
the student, a school official, a party with written consent
of the student or a party presenting a valid court order
or subpoena that specifically states that the existence
or contents of the order/subpoena not be disclosed or a
party seeking only directory information. The record will
indicate the name of the party making the request, any
additional party to whom it may be redisclosed and the
legitimate interest the party had in requesting or obtaining
the information. The record may be reviewed by a qualified
parent or by the student.
9. Directory Information
Personally identifiable “directory information” from the
education records of the student in attendance at the
university may be disclosed without the necessity of
prior consent of the student concerned as provided by
FERPA, subject to the right of the student to inform the
university in writing that all “directory information” with
respect to him or her shall not be so disclosed. Such
notice must be delivered to the Office of the Registrar and
will be effective as to such disclosures for the balance of
that semester only, except that such a restriction will not
apply to material already printed or in the process of being
printed. In addition to the above, students have the option
to declare whether their address(es), telephone number(s)
and Marquette email address are to be made public.
The university has designated as “directory information”
each of the following items of information: the student’s
name(s), address(es), telephone number(s), Marquette
email address, photographs, electronic images, date
and place of birth, major field(s) of study and current
enrollment status, participation in officially recognized
activities, dates of attendance, degrees, awards
and academic honors received (including names of
scholarships), Dean’s List selection, previous educational
institution(s) attended, and program and promotion
materials on participants in various sports and similar
public activities, including weights and heights of
members of athletic teams.
10. Correction of Education Records
Students have the right to request correction of records
they believe are inaccurate, misleading or in violation of
their privacy rights. The following are procedures for the
correction of records:
- 1. A student must ask the appropriate record custodian
to amend a specific record. In so doing, the student
must identify the part of the record the student wants
changed and specify why the student believes it to be
inaccurate, misleading or in violation of the student’s
- After reviewing the request, and within a reasonable
time, the record custodian may or may not comply
with the request. If the record custodian decides not to
comply, the record custodian will notify the student of the
decision and advise the student of the right to a hearing
to challenge the information believed to be inaccurate,
misleading or in violation of the student’s rights.
- Upon request, the record custodian will arrange for
a hearing and will notify the student reasonably in
advance of the date, location and time of the hearing.
- The hearing will be conducted by a hearing officer who
is a disinterested party. 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 the
student’s education records. The student may have an
adviser present at the hearing. If the student desires
to have an adviser present, the student must notify
the hearing officer of this fact, in writing, no later than
two working days prior to the hearing. Advisers are
normally members of the Marquette community (e.g.,
current full-time students, faculty, staff). This adviser
serves as a support person and is intended to be of
direct assistance to the student before and during the
hearing. The adviser may not speak for the student or
address the hearing officer. If the adviser is identified
as private legal counsel, a law student or a Law School
faculty member, the hearing officer may reschedule
the time and/or date of the hearing so that Marquette
University legal counsel may be present.
- The hearing officer 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.
- If the hearing officer decides that the contested
information is not inaccurate, misleading or in violation
of the student’s rights, the hearing officer will notify
the student that the student has a right to place in
the record a statement commenting on the contested
information and/or a statement setting forth reasons
for disagreeing with the decision. The statement will be maintained as part of the student’s education
records as long as the contested portion is maintained.
If Marquette University discloses the contested portion
of the record, it will also disclose the statement.
- If the hearing officer decides that the information is
inaccurate, misleading or in violation of the student’s rights,
the record custodian will amend the record and notify the
student, in writing, that the record has been amended.
- Grades and academic/performance evaluations may be
challenged under this procedure only on the basis of
the accuracy of their transcription.
- Marquette reserves the right, in its sole discretion, to
revise its procedures regarding the Family Educational
Rights and Privacy Act at any time and without notice
in light of applicable legal requirements or developments.
11. Complaint Procedure
A student or parent, if applicable, may file a written
complaint regarding alleged violations under FERPA to
the following office:
Family Policy Compliance Office:
U.S. Department of Education
400 Maryland Ave. SW
Washington D.C. 20202-5920