Understanding USC Student Directory Information and FERPA

The University of Southern California (USC), like all educational institutions receiving federal funding, adheres to the Family Educational Rights and Privacy Act (FERPA). This federal law protects the privacy of student education records. This article aims to provide a comprehensive overview of how FERPA affects USC students, their rights, and the university's obligations regarding student directory information.

What is FERPA?

The Family Educational Rights and Privacy Act of 1974, often called the Buckley Amendment, is a federal law concerning the privacy of student records. It outlines the rights of students and the responsibilities of educational institutions, particularly concerning the release of and access to student records. The Secretary of Education is bound by FERPA requirements.

Definition of Education Records

Under FERPA, education records are defined as any records directly related to a student and maintained by an education agency or institution, or by a party acting on their behalf. This broad definition includes a wide range of information captured as a result of a student’s various activities at the university.

Exceptions to Education Records

However, certain records are excluded from the definition of "education records" under FERPA:

Sole Possession Records: These are records or notes in the sole possession of the maker, used only as a personal memory aid, and not revealed or accessible to any other person except a temporary substitute for the maker of the record.
Employment Records: Employment records of an individual whose employment is not contingent on the fact that they are a student, provided the record is maintained in the normal course of business and is used only in relation to the individual’s employment.
Department of Public Safety (DPS) Records: Records maintained by DPS solely for law enforcement purposes, revealed only to DPS and other law enforcement agencies, and maintained separately from other Education Records.
Student Health Records: Records maintained by USC Student Health, including Counseling and Mental Health Services, and other university departments providing health or counseling services, when the records are used only for treatment of a student and are made available only to persons providing the treatment.
Alumni Records: Records containing information about an individual after they are no longer a student at the university.
Investigatory Records: Investigatory and adjudicatory notes, memoranda, letters, and files gathered and prepared by staff in the Office of Community Expectations and the Office of Academic Integrity prior to the final resolution of the Student Disciplinary Process(es) to which they relate under the Student Handbook.
Other Excluded Records: Any other record excluded now or in the future in accordance with FERPA.

Student Rights Under FERPA

FERPA grants students several key rights concerning their education records:

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1. Right to Inspect and Review

Students and former students have the right to inspect and review their education records within 45 days after the university receives the request for access. This includes the right to access, with an explanation and interpretation of the record, and the right to a copy of the education record when failure to provide a copy of the record would effectively prevent the student from inspecting and reviewing the record. Students should submit written requests to the registrar, dean, head of the academic division, or another appropriate official, identifying the specific records they wish to inspect. The university official will then make arrangements for access and notify the student of the time and place where the records may be inspected.

Limitations:

Education records containing information about more than one student.
Confidential letters and statements of recommendation placed in the records after January 1, 1975, to which the student has waived their right to review and that are related to the student’s admission, application for employment or job placement, or receipt of honors.

2. Right to Request Amendment

A student has the right to request amendment to any of their education records that they believe are inaccurate, misleading, or otherwise in violation of their privacy rights under FERPA. Should a student believe an education record is inaccurate or misleading, a request for amendment or correction should be addressed, in writing, to the university office maintaining the record in question.

In instances when a dispute cannot be resolved between the student and the office maintaining the record in question, the student may request a formal hearing by the university to resolve the issue. Questions about and requests for formal hearings should be directed to the Office of the General Counsel.

If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of their right to a hearing regarding the request for amendment. The educational agency or institution shall give the parent or eligible student a full and fair opportunity to present evidence relevant to the issues raised under §99.21.

3. Right to Consent to Disclosures

Students have the right to consent to disclosures of personally identifiable information (PII) contained in their education records, except to the extent that FERPA authorizes disclosure without consent. The university will not release personally identifiable information from a student’s education record without the student’s prior written consent. Even parents are not permitted access to their child’s education records unless the student has provided written authorization permitting the parents’ access.

Read also: Student Directory Information

Directory Information

FERPA has specifically identified certain information called directory information that may be disclosed without student consent. Although directory information may be disclosed without student consent, USC is not required to release directory information.

Definition of Directory Information

While FERPA doesn't provide a strict definition, it generally includes information that would not be considered harmful or an invasion of privacy if disclosed. Common examples include:

The student’s name.
The name of the student’s parent or other family members.
The address of the student or the student’s family.
Dates of attendance.

Restrictions on Directory Information

According to FERPA, a student can request that while they are still enrolled, the institution not release any directory information about them. Institutions must comply with this request. Students can choose to restrict online student directory information only or they can restrict the release of all their directory information.

Students who wish to restrict directory information should realize that this action could have negative consequences. The names of students who have restricted their directory information will not appear in the Commencement Bulletin or other university publications. Students who wish to restrict directory information should contact the Office of Academic Records and Registrar to process requests to restrict disclosure of directory information. Requests will be processed within 24 hours after receipt. Directory information will be withheld from student directories and telephone books only if notification is received prior to the publication of these documents.

Personally Identifiable Information (PII)

Personally Identifiable Information (PII) includes:

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The Student’s name.
The name of the Student’s parent or other family members.
The address of the Student or the Student’s family.
A personal identifier, such as the Student’s social security number, student identification number, or biometric record.
Other indirect identifiers, such as the Student’s date of birth, place of birth, and mother’s maiden name.
Other information that, alone or in combination, is linked or linkable to a specific Student that would allow a reasonable person in the university community, who does not have personal knowledge of the relevant circumstances, to identify the Student with reasonable certainty.
Directory Information, unless restricted by the Student pursuant to Section 5.F.1 of this Policy or by the Policy on Responding to Immigration Enforcement Actions.

Disclosures Without Consent

While FERPA generally requires student consent for the release of education records, there are several exceptions:

To School Officials: Disclosures to university officials who have legitimate educational interests. University Official means:
1. A person employed by the university in an administrative, supervisory, academic, research or support staff position.
2. A person elected to the Board of Trustees.
3. A person employed by or under contract to the university to perform a special task (such as an attorney or auditor).
4. A contractor, consultant, volunteer or other outside party providing services that would otherwise be provided by a university employee.
5. Performing a task that is specified in their position description or by a contract agreement.
6. Performing a task related to a Student’s education.
7. Performing a task related to the discipline of a Student.
8. Providing a service or benefit relating to the Student or Student’s family (such as health care, counseling, job placement or financial aid).
In cases of Emergency: If non-directory information is needed to resolve a crisis or emergency situation, an education institution may release that information if the institution determines that the information is “necessary to protect the health or safety of the student or other individuals”. In making a determination under paragraph (a) of this section, an educational agency or institution may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. If the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.
To comply with a judicial order or lawfully issued subpoena.
To appropriate parties in a health or safety emergency.
To parents of a student regarding the student's violation of any law or of the college's or university's rules or policies governing alcohol or controlled substances.
To an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding conducted by the institution of postsecondary education with respect to that alleged crime or offense.
In connection with a disciplinary proceeding at an institution of postsecondary education.

USC's Responsibilities

USC has several responsibilities under FERPA to protect student privacy:

The university will maintain a Disclosure Record documenting all requests for and disclosures of information from a Student’s Education Record subject to the limitation hereinafter provided.
The university must use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests.
The university must annually notify students of their rights under FERPA.
The university must develop and implement policies and procedures to comply with FERPA.

Key USC Personnel and Offices

Vice President for Enrollment Services: Oversees Requests for Amendment of Education Records
Office of Academic Records and Registrar: Oversees Requests to Review and Inspect Education Records and Processes Requests to Restrict Disclosure of Directory Information
Office of the General Counsel: Addresses Government and Other Legal Requests to Access Student Education Records

Enforcement of FERPA

A parent or eligible student may file a written complaint with the Office regarding an alleged violation under the Act and this part. A complaint must contain specific allegations of fact giving reasonable cause to believe that a violation of the Act or this part has occurred.

The Office investigates a timely complaint filed by a parent or eligible student, or conducts its own investigation when no complaint has been filed or a complaint has been withdrawn, to determine whether an educational agency or institution or other recipient of Department funds under any program administered by the Secretary has failed to comply with a provision of the Act or this part. If the Office determines that an educational agency or institution or other recipient of Department funds under any program administered by the Secretary has failed to comply with a provision of the Act or this part, it may also determine whether the failure to comply is based on a policy or practice of the agency or institution or other recipient.

The Office notifies in writing the complainant, if any, and the educational agency or institution, the recipient of Department funds under any program administered by the Secretary, or the third party outside of an educational agency or institution if it initiates an investigation under §99.64(b).

The Office reviews a complaint, if any, information submitted by the educational agency or institution, other recipient of Department funds under any program administered by the Secretary, or third party outside of an educational agency or institution, and any other relevant information.

If the Office finds that an educational agency or institution or other recipient has not complied with a provision of the Act or this part, it may also find that the failure to comply was based on a policy or practice of the agency or institution or other recipient.

Understanding USC Definitions

To fully understand USC's policies regarding student directory information, it is important to understand the following definitions:

Student: Solely for purposes of this Policy, a student is defined as any person who has enrolled in a course, seminar, or academic program of the university. A student is considered enrolled after they have formally registered in a course and begun attending class.
Covered Personnel: All University Officials, Faculty and Staff, as well as Students and Third Parties who are assigned specific responsibilities by the University that grant them access to Education Records other than their own, whether as a result of possession of physical keys or keycard access to locations containing physical copies of Education Records, or online credentials allowing access to digital copies of Education Records. This may include resident assistants; virtual peer mentors; designated student leaders, such as Trojan Marching Band squad leaders and section leaders and Student Athletic Academic Services (SAAS) tutors; or leaders and members of other student programs.

Examples of Disciplinary Offenses

FERPA regulations sometimes intersect with disciplinary proceedings. Examples of offenses include:

Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
Simple Assault:
Intimidation:
Forcible Rape (Except “Statutory Rape”):
Forcible Sodomy:
Sexual Assault With An Object: Note: An “object” or “instrument” is anything used by the offender other than the offender's genitalia.
Forcible Fondling:
Incest:
Statutory Rape:

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