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Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:

1. The right to inspect and review the student’s education records within 45 days after the day Chaminade University of Honolulu (CUH) receives a request for access. A student should submit to the registrar a written request that identifies the record(s) the student wishes to inspect. The Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Registrar to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. A student who wishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants to be changed, and specify why it should be changed. If the school decides not to amend the record as requested, the school will notify the student in writing of the decision and the student’s right to an appeal regarding the request for amendment. All appeals will go to the Executive Director for Compliance who will consider the appeal and relevant information before issuing a written decision.
3. The right to provide written consent before the university discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. The school discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by Chaminade University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official may also include a volunteer or contractor outside of Chaminade who performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the School.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by CUH to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW Washington, DC 20202.

FERPA permits the disclosure of PII from a student’s education records, without consent of the student, if the disclosure meets certain conditions found in Section 99.31 of the FERPA regulations. Except for disclosure to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, Section 99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. Eligible students have a right to inspect and review the record disclosures.

CUH may disclose appropriately designated “directory information” without written consent unless you have advised CUH to the contrary in accordance with CUH procedures. The primary purpose of directory information is to allow CUH to include this type of information from your education records in certain school publications.

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without your prior written consent. Outside organizations include, but are not limited to, companies that manufacture athletic uniforms or create publications for the university.

If you do not want CUH to disclose directory information from your education records without your prior written consent, you must notify the Registrar in writing. All requests are to be sent to the following address:

Office of Student Success, Records
3140 Waialae Avenue
Honolulu, HI 96816

CUH designates the following categories of directory information:
• Name, address, CUH email address, telephone number, dates of attendance, enrollment status, and class standing such as Freshman, Sophomore, Junior, Senior, or Graduate.
• Previous institutions attended, major fields of study, awards, honors (includes Dean’s List, graduation, degrees conferred including dates), and scholarship awards.
• Past and Present participation in officially recognized sports and extracurricular activities, physical factors such as height and weight, date and place of birth, and photographs.

Additionally, if you request to forward your education records to another post-secondary institution, CUH will forward your records without prior notification.

FERPA becomes effective on the first day of classes for those newly admitted students who have scheduled at least one course. A student who accepted an admission offer but did not schedule at least one course, or a newly admitted student who canceled their registration either before or after the semester begins, is not covered by FERPA.