130.20 DEFINITIONS

(Revised April 25, 2002)

The following terms are defined for the purposes of these policies and campus implementing regulations made in accordance with them.

130.210 Student

130.211

A "student" is an individual for whom the University maintains student records and who: (a) is enrolled in or registered with an academic program of the University;  (b) has completed the immediately preceding term, is not presently enrolled, and is eligible for re-enrollment; or (c) is on an approved educational leave or other approved leave status, or is on filing-fee status.

130.212

"Enrolled in or registered with" as specified in these policies is equivalent to the term "attendance" as used in the Family Educational Rights and Privacy Act.  The University uses enrollment and registration rather than attendance as a measure of student status.


130.220 Record

"Record" means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.


130.230 Student Records

130.231

"Student records" are those records that contain information directly related to a student and that are maintained by a University of California campus, the University of California Office of the President, or by any organization authorized to act on behalf of the University.

130.232

Student records include, but are not limited to, academic evaluations, including student examination papers, transcripts, test scores and other academic records; general counseling and advising records; disciplinary records; and financial aid records, including student loan collection records.

130.233

The term "student records" as used in these policies is synonymous with the term "education records" in the Federal Family Educational Rights and Privacy Act.

130.234

The term "student records" does not include the following records, and therefore such records are not governed by these Policies.

  1. Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons, which:

    1. Are kept in the sole possession of the maker of the record; and

    2. Are not accessible or revealed to any other individual, except to an individual who performs on a temporary basis the duties of the individual who made the record.

  2. Campus Police records which are created and maintained by campus police solely for law enforcement purposes.

  3. Employment records, when University employment did not result from and does not depend upon the fact that an individual is a student at the University, provided that the employment records:

    1. Relate exclusively to the individual in that individual's capacity as a University employee;

    2. Are made and maintained in the normal course of business; and

    3. Are not available for use for any other purpose.

    All records relating to a student who is also an employee of the University are included in the definition of student records, if the student's employment is contingent upon the fact that he or she is a student. For example, work-study program records are student records.

  4. Health records which:

    1. Are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity;

    2. Are created, maintained, or used only in connection with the provision of treatment to the student; and

    3. Are not disclosed to anyone other than individuals providing the treatment, except that the records may be personally reviewed by a physician or other appropriate professional of the student's choice.

    For the purpose of this definition, "treatment" does not include academic and career advising, tutoring, disability management counseling, or any activities which are part of the program of instruction offered by the campuses.

  5. Applicant records of individuals who do not enroll in or register with an academic program of the University. If and when applicants become students, their applicant records become student records, which are then accorded the same privacy rights as any other student records governed by these policies. Insofar as applicant records are not student records, they are governed by the privacy protections found in the California Information Practices Act (Civil Code  §1798 et seq). See Section 130.210 for definition of "student."

  6. Records (i.e., alumni records) about a person containing only information obtained from that person after that person is no longer a student, or relating to that person and obtained from others after that person is no longer a student.

130.240 Personally Identifiable Information

130.241

The term "personally identifiable information" means any information that identifies or describes a student. It includes, but is not limited to, a student's name, the name of a student's parent or other family members, the address of a student or student's family, any personal identifier such as a student's social security number, and any personal characteristics or other information that would make a student's identity easily traceable.

130.242

Personally identifiable information is divided into two categories:

  1. directory information, which may be disclosed to any party without the prior written consent of the student to whom the information pertains, except as specified in Section 130.710, and

  2. confidential information, which may not be disclosed to any party without the prior written consent of the student to whom the information pertains, except as specified in Section 130.720.

130.250 Directory Information

130.251

The term "directory information" means information contained in a student record that would not generally be considered harmful or an invasion of privacy if disclosed. Pursuant to Section 130.711, campuses are required to give public notice of the categories of personally identifiable information that have been designated by the campus as directory information. Campuses may designate the following types of information as "directory information": a student's name, address (local and/or permanent), e-mail address, telephone numbers, date and place of birth, major field of study, dates of attendance, grade level, enrollment status (e.g., undergraduate or graduate, full time or part time), number of course units in which enrolled, degrees and honors received, the most recent previous educational institution attended, photo, participation in officially recognized activities, including intercollegiate athletics, and the name, weight, and height of participants on intercollegiate University athletic teams.

130.252

The above categories of information, as designated by each campus, may be considered "directory information" unless a student notifies the campus in writing or via electronic procedures established by the campus that any or all of the categories of information about that student may not be disclosed (see Section 130.710).

130.253 [Rescinded April 25, 2002]

130.260 Disclosure

The term "disclosure" means to permit access to or the release, transfer, or other communication of personally identifiable information contained in a student record, to any party, by any means, including, but not limited to, oral, written, or electronic means.


130.265 Financial Aid

"Financial aid" means the provision of financial resources to students, based on the strength of their academic achievements, or on the strength of their financial need, or on a combination of the two.


130.270 Campus

"Campus" means a University of California campus. For the purposes of these Policies, the term "campus" also applies to Department of Energy Laboratories operated by the University of California, subject to Laboratory implementing regulations and contractual obligations between The Regents and the Department.


130.275 University

"University" means the University of California.


130.280 Campus Official or University Official

A "campus official" or "University official" is any individual designated by the University of California to perform an assigned function on behalf of the University.

A campus or University official may be:

  1. a person employed by the University in an administrative, supervisory, academic, research, or support staff position;

  2. a person serving on a University governing body;

  3. a person employed by, under contract with, or having entered into an agreement with the University to perform a special task, such as an attorney, an auditor, or a volunteer; or

  4. a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another University official in performing his or her tasks.

130.290 Legitimate Educational Interest

130.291

"Legitimate Educational Interest" means: (1) the information or record is relevant and necessary to the accomplishment of some task or determination; and (2) the task or determination is an employment responsibility for the inquirer or is a properly assigned subject matter for the inquirer.

130.292

Chancellors shall specify in campus implementing regulations, criteria for determining what the campus considers to be a "legitimate educational interest."

Such criteria may specify, by way of example, the following:

A University official is determined to have legitimate educational interest in a particular record if the information requested is relevant and necessary for that official to:

  1. perform a task or determination that is an employment responsibility or is a properly assigned subject matter for the inquirer;

  2. perform a task that is related specifically to the official's participation in the student's education;

  3. perform a task that is related specifically to the discipline of the student; or

  4. provide a service or benefit relating to the student or student's family, such as health care, counseling, job placement or financial aid.

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