130.70 DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
FROM STUDENT RECORDS TO PERSONS OTHER THAN THE STUDENT TO WHOM THE INFORMATION
PERTAINS
(Revised October 12, 2005)
130.710 Disclosure of Directory Information
130.711
Each campus shall give public notice of the categories of
personally identifiable information that have been designated by the campus
as directory information. Such categories shall fall within the limitations
of the definition of directory information in Section
130.250 and may be disclosed without prior student consent unless a student
notifies the campus in writing or via an established electronic procedure that
such information shall not be disclosed.
130.712
Students shall be informed at the time they enroll in, or
register with, any academic program of the University, and at least annually
thereafter, of their right to refuse to permit any or all of the categories
of personally identifiable information to be designated as directory information
with respect to themselves.
130.713
Students shall notify the campus in writing or via an established
electronic procedure of the personally identifiable information related to themselves
that is not to be designated as directory information. Within a reasonable time
after receipt of notification, information so designated may not be disclosed
without the written consent of the student, except as otherwise noted in Section
130.720.
130.714
Students shall be informed of the time period during each
academic term in which they must notify the campus of the categories that are
not to be designated as directory information with respect to themselves and
the effective date of that request.
130.715 Directory Information About Former Students
Information regarding former students that was designated
directory (formerly known as "public") information by their campus
at the time they were students may be disclosed without the former students'
consent unless their last written notification received by the campus at the
time they were students specified that the information with respect to themselves
was not to be considered directory information. For students who attended before
February 1, 1977, the directory information shall be limited to former students'
registration, dates of attendance at the University, degrees granted, and dates
on which degrees were conferred.
130.721 Permissible Disclosures
Except for the disclosure of directory information under
conditions specified in Section 130.711, personally identifiable information from
student records may not be disclosed without the prior written consent of the
student, other than to the following parties and under the following circumstances:
- To University officials who have been determined
to have legitimate educational interest in the records (see Sections
130.280 and 130.290). Determinations as to whether the legitimate educational
interest requirement is satisfied shall be made by the head administrator
of the unit retaining the information, consistent with campus implementing
regulations defining legitimate educational interest established by the Chancellor
as specified in Section 130.292 of these
Policies. Campus personnel receiving or utilizing the information
shall be responsible for its subsequent disclosure pursuant to the provisions
of these policies. This section applies to:
- Officials at a particular campus of the University.
- Officials in the Office of the President and the Office
of the General Counsel and Vice President for Legal Affairs.
- Officials at other campuses of the University, in
connection with the administration of joint programs or activities.
- Officials at other campuses of the University
or other institutions, if a student is concurrently enrolled in, or concurrently
receives services from one campus of the University and from another institution,
or from two campuses of the University. This provision includes institutions
participating in Education Abroad Programs.
- Officials at other campuses of the University for
the purposes of facilitating: a) the enrollment of a student seeking to
attend a summer session program at another campus; b) the reporting of
academic achievement in the summer coursework once completed; or c) other
administrative needs related to summer session programs, such as, but
not limited to, student disciplinary matters as specified in Section
104.30 of these Policies.
- The Chancellor, or the Chancellor's designees, of
the campus at which the individual is a student, in connection with disclosures
arising from disciplinary procedures of another University of California
campus, as specified in Section 104.30
of these Policies.
- To authorized Federal and State officials in connection
with the audit and evaluation of Federally and State supported education programs,
or in connection with the enforcement of Federal or State laws which relate
to such programs.
- In connection with financial aid for which a student
has applied or which a student has received, only as may be necessary:
- To determine the eligibility of the student for financial
aid;
- To determine the amount of the financial aid,
- To determine the conditions which will be imposed
regarding the financial aid; or
- To enforce the terms or conditions of the financial
aid.
Such information shall be disclosed to donors only if
the conditions of the gift or award expressly require that the information
be disclosed.
- To State and local officials or authorities to whom information
is specifically required to be reported or disclosed pursuant to State statute
adopted prior to November 19, 1974.
- To organizations conducting studies for, or on behalf
of, educational agencies or institutions for the purpose of developing, validating,
or administering predictive tests, administering student aid programs, and
improving instruction, if such studies are conducted in a manner which will
not permit the personal identification of students and/or their parents by
individuals other than representatives of the organization, and 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.
- To accrediting organizations in order to carry out their
accrediting functions.
- To comply with a judicial order or subpoena. A reasonable
effort shall be made to notify the student in advance of the disclosure of
the record unless responding to a grand jury or other subpoena that specifies
that the student not be informed of the subpoena.
- To appropriate parties, including to other institutions,
in connection with an emergency when the information is necessary to protect
the health or safety of the student or other persons. Factors to be considered
when making a decision to release information in emergencies may include:
1) the severity of the threat to the health and safety of those involved;
2) the need for the information; 3) the time required to deal with the emergency;
and 4) the ability of the parties to whom the information is to be given to
deal with the emergency.
- To students requesting their own records. With the
exception of information from records specified in Section
130.420, campuses must disclose student records or components thereof
without written consent to students who request information from their own
records.
- To the alleged victim of an alleged
forcible or nonforcible sex offense, as defined in 34 CFR 668.46(c)(7).
The scope of the information to be provided is: 1) the University's final
determination with respect to the alleged sex offense, and 2) any sanction
that is imposed against the alleged offender.
130.722 Redisclosure of Personally Identifiable Information
Any disclosure of personally identifiable information which
is permitted under these policies must meet the following requirements:
- The recipient of the information must be informed that
the information may not be further disclosed without written consent of the
student. Any consent form obtained from the student must be maintained
in the student's file.
- The recipient (including the officers, employees, and
agents of the party of the recipient) may use the information only for the
express purposes for which the disclosure was made.
These requirements do not apply to disclosures made pursuant
to court orders or to lawfully issued subpoenas or to disclosures to a student
under Section 130.40, Section
130.721(i), Section 130.721(j), or to disclosures
of directory information under Section 130.711.
130.723 Requests to Forward Academic Records
University of California campuses may forward appropriate
student records, including academic records, disciplinary records, and other
student records, to other educational institutions in which a student seeks
or intends to enroll, or is currently enrolled. The campus will provide annual
notification of this disclosure policy, or else a reasonable attempt will be
made to provide notification to individual students about whom information is
disclosed.
When students request that their academic records be forwarded
to other institutions, students may be required to pay all fees and charges
due the University before the records are forwarded.
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