The following terms are defined for the purposes of these policies and campus implementing regulations made in accordance with them.
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.
"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.
"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
"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.
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.
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.
" does not include the following records, and therefore such records are not governed by these Policies, except as described below in subsection (d).
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.
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.
These are commonly referred to as "treatment records." Despite the fact that these "treatment records" fall outside the definition of student records, they may only be disclosed for treatment purposes, or under the conditions that apply to student records under Section 130.70 of this Policy. In addition, please note that "treatment records," like student records, are not subject to the HIPAA Privacy Rule’s restrictions on use and disclosure.
The term "personally identifiable information" means any information that identifies or describes a student. It includes, but is not limited to:
Information is considered “de-identified,” and is no longer considered to be “personally identifiable information” once all personally identifiable information has been removed, and the University has made a reasonable determination that a student’s identity is not personally identifiable, whether through single or multiple releases, and taking into account other reasonably available information. Information containing “small cell sizes” must be carefully reviewed before disclosure in order to determine whether it has been sufficiently de-identified.
Personally identifiable information is divided into two categories:
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 some or all of 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, field(s) of study (including major, minor, concentration, specialization, and similar designations), 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.
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).
The term "disclosure" means to permit access to or the release, transfer, or other communication of personally identifiable information contained in a student record by any means, including, but not limited to, oral, written, or electronic means. Disclosure to the party identified as the party that provided or created the record does not constitute a “disclosure” for purposes of FERPA. For example, the University may disclose a student’s high school transcript to the high school identified on the transcript in order to determine whether the transcript is legitimate. This is not considered a “disclosure” because the high school has been identified as the party that provided and/or created the transcript.
"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.
"Campus" means a University of California campus. For the purposes of these Policies, the term "campus" also applies to the Lawrence Berkeley National Laboratory, subject to Laboratory implementing regulations and contractual obligations between The Regents and the Department of Energy.
"University" means the University of California.
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:
"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.
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:
Reasonable physical, technological or administrative methods must be used to ensure that campus or University officials obtain access to only those student records in which they have legitimate educational interests.
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