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Family Educational Rights and Privacy Act

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The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g, and 34 CFR Part 99, are a federal law and regulations that provide students with the following rights with respect to their education records:

  • to inspect and review their education records;

  • to consent to disclosure of their education records to third parties, except to the extent that FERPA authorizes disclosure without consent;

  • to request amendment of their education records to ensure that they are not inaccurate or misleading, or otherwise in violation of the student’s privacy rights under FERPA;

  • to be notified of their privacy rights under FERPA; and

  • to file a complaint with the U.S. Department of Education concerning alleged failures by the institution to comply with the requirements of FERPA.

It is the policy of UT Southwestern to protect the privacy and records access rights that apply to records maintained by or for the institution about its current and former students by complying with FERPA at all times. The Registrar is the designated institutional official who oversees UT Southwestern’s compliance with FERPA and this policy.

UT Southwestern shall provide annual notice to students of their rights under FERPA and this policy; the procedures for exercising their rights; and information about the directory information exception and the process by which a student may elect to opt out of the release of the student’s directory information. This annual notice will be included in all general information catalogs for students, which are published by UT Southwestern and available online and through the Dean’s office.

The University will not permit access to or the release of personally identifiable information contained in student educational records to any party without the written consent of the student, except as authorized by FERPA. UT Southwestern, pursuant to FERPA, may release education records without the student’s consent as follows:

  1. Directory Information. Directory information may appear in public documents and may otherwise be disclosed without student consent. Students have the right to withhold the disclosure of all directory information through notification to the Office of the Registrar. Students are encouraged to designate their directory information preferences using the online self-service portal in the Campus Solutions student records system at the time of registration. Students can make changes to their preferences in Campus Solutions at any time. Although use of the Campus Solutions student records system is preferred, students may also designate or change their directory preferences via written notice to the Office of the Registrar. Upon graduation or termination of a student’s enrollment for any reason, the release of directory information will be governed by the student’s preference in place during the student’s last period of enrollment. Former students may change their directory information preference via written notice to the Office of the Registrar.

  2. UT Southwestern Officials with a Legitimate Educational Interest. UT Southwestern officials who require access to education records in order to fulfill educational or business purposes or other official responsibilities on behalf of UT Southwestern are allowed access to those records without student consent. Additionally, education records may be shared between UT Southwestern officials and officials at other institutions that administer or participate in joint programs or activities with UT Southwestern, in accordance with legitimate educational interests. For example, an education record about a student concurrently enrolled in UT Southwestern and another institution, or who receives services from UT Southwestern (such as the provision of an observership) and from another institution, may be disclosed by UT Southwestern to the other institution under this subsection. This includes services provided by UT Southwestern and institutions participating in distance education classes.

  3. Other Institutions. UT Southwestern may release a student’s education records to officials of other educational institutions where that student seeks or intends to enroll or is enrolled.

  4. Audit or Evaluation of Federal or State Education Programs. The UT Board of Regents, authorized federal representatives of the Comptroller General, the Attorney General, the Secretary of Education, and state and local educational authorities who are authorized by law to audit and evaluate a federal or state supported education program, or to enforce federal law that relates to such education programs, or their authorized representatives, may access an education record as required for the purposes of audit, evaluation, or enforcement.

  5. Financial Aid. UT Southwestern may release an education record to persons or organizations in connection with a student’s application for, or receipt of, financial aid to the extent necessary for such purposes as determining eligibility, amount, conditions, and enforcement of terms or conditions of such financial aid.

  6. State and Local Officials Pursuant to Statutes Concerning Juvenile Justice. UT Southwestern may release education records to state and local officials who are authorized by statute to access those records.

  7. Organizations Conducting Studies. Organizations conducting studies on behalf of UT Southwestern for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction may access education records for such studies, provided that: (1) the study is conducted in a manner that will not permit the personal identification of students or their parents by individuals other than representatives of the organization; and (2) the information will be destroyed when no longer needed for the purposes for which the study was conducted. The term “organizations” includes, but is not limited to, federal, state, and local agencies and independent organizations.

  8. Accrediting Organizations. Accrediting organizations may access an education record required to carry out accrediting functions.

  9. Designated Parents of a Tax Dependent. A parent of a student who is a dependent for federal tax purposes, as defined by Section 152 of the Internal Revenue Code of 1954, may have access to the student’s education records if the student has indicated in writing to UT Southwestern that his or her parents may have such access in accordance with the designation. If a tax dependent student’s parents are divorced, both parents may have access to the student’s education record, so long as at least one parent is designated by the student.

  10. Judicial Order or Subpoena. Information concerning a student shall be released in response to a judicial order or lawfully issued subpoena. However, UT Southwestern must make reasonable efforts to notify the student of an order or subpoena before complying with it; however, UT Southwestern shall not notify a student of a subpoena if it is from a federal grand jury or is for law enforcement purposes and the subpoena or order provides that UT Southwestern shall not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena. In addition, education records may be disclosed to the U. S. Attorney General or his or her designee in response to an ex parte order concerning an authorized investigation or prosecution of domestic or international terrorism, without prior notice to the student.

  11. Health and Safety. UT Southwestern may disclose student information in connection with an emergency in order to protect the health and safety of the student or others.

  12. Disciplinary Hearing Results.

    • Disclosure to Victims: UT Southwestern may disclose to an alleged victim the final results of any disciplinary proceeding conducted by the institution against the alleged perpetrator of any crime of violence or the alleged perpetrator of any non-forcible sex offense (as those terms are defined in 34 C.F.R. 99.39), regardless of whether the alleged perpetrator was found in violation of UT Southwestern’s rules or policies.

    • Disclosure to Third Parties: UT Southwestern may disclose the final results of any disciplinary proceeding against the alleged perpetrator of any crime of violence or non-forcible sex offense (as those terms are defined in 34 C.F.R. 99.39), if the alleged perpetrator is found in violation of UT Southwestern’s rules or policies. Such disclosure will include only the name of the student, the violation committed, and any sanction imposed by UT Southwestern. Such disclosure may include the name of any other student, such as a victim or witness, only with the written consent of that other student.

    • Alcohol and Drug Violations: UT Southwestern may disclose to a student’s parent or legal guardian information regarding any violation of any federal, state, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student’s education records, if the student is under the age of 21 at the time of disclosure and UT Southwestern determines that the student has committed a disciplinary violation with respect to such use or possession.

  13. Defense of Litigation or Complaints against UT Southwestern. If a student initiates legal action against the Medical Center, the institution may disclose to the court or agency with jurisdiction over the complaint the student’s education records that are relevant to UT Southwestern’s defense, with or without a court order or subpoena.

  14. On Consent of the Student. UT Southwestern will release an education record to a third party, or allow a third party access to those records, if the student provides a verifiably valid consent that permits access by the third party.