The Oregon Administrative Rules contain OARs filed through November 15, 2015
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OREGON UNIVERSITY SYSTEM,
WESTERN OREGON UNIVERSITY
DIVISION 40
STUDENT RECORDS
574-040-0001
Student Records Policy
The State Board of Higher Education delegates the responsibility of enforcing the regulations required to maintain student records. The process provided by the university includes the collection of student information, its maintenance, use, and disposition. Such processes are consistent with the laws of Oregon and the Administrative Rules of the Board of Higher Education and with federal statutes and regulations.
Stat. Auth.: ORS 351.070 & ORS 351.072
Stats. Implemented: ORS 351.070 & ORS 351.072
Hist.: OCE 3, f. & ef. 8-9-77; WOSC 5-1991, f. & cert. ef. 5-22-91; WOU 3-2003, f. & cert. ef. 10-28-03; WOU 2-2004, f. & cert. ef. 8-4-04
574-040-0005
Definitions
(1) "Act" means the Family Educational Rights and Privacy Act of 1974, as amended, its implementing regulations, and any official guidance issued by the U.S. Department of Education.
(2) "Directory Information" means the student's full name; mailing (i.e. local, billing, current, previous, temporary) and permanent address(es); place(s) of residence; telephone number(s); electronic mail address(es); date and place of birth; home town; parent(s) - guardian(s) name, address(es) and telephone number(s); previous school(s) of attendance; whether the student is or has been enrolled; enrollment status (e.g., full-time or part-time); dates of enrollment and attendance; class level; cumulative credit hours; major and minor fields of study; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, certificates, honors and awards received; job title(s) and dates of employment for student employees who have been or are paid from university administered funds. For graduate teaching fellows, "directory information" also means status as a graduate teaching fellow and teaching assignment.
(3) "Personal Records" means records containing information kept by the institution, division, or department concerning a student and furnished by him or by others about him at his or at the institution's, division's, or department's request, including, but not limited to, record of grades attained, information concerning discipline, counseling, membership activity, employment performance, or other behavioral records of individual persons.
(4) For purposes of compliance with ORS 351.070, "Records of Academic Achievement" shall mean the record of credits earned toward a degree and/or degrees received.
Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OCE 3, f. & ef. 8-9-77; WOU 2-2004, f. & cert. ef. 8-4-04
574-040-0010
Purpose of Student Records
Only such records as are demonstrably and substantially relevant to the educational and related purposes of the institution, division, or department shall be generated or maintained. It will be the responsibility of university officials, that where applicable and required, confidentiality will be the primary effort in the proper custodianship of student records.
Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OCE 3, f. & ef. 8-9-77; WOU 3-2003, f. & cert. ef. 10-28-03
574-040-0015
Certain Information Not Required of Students -- General Information
No student will be required to give, although he may voluntarily provide, information as to his age, disability, marital status, national origin, race, color, religion, sex, sexual orientation or veteran status, except as required by state statute, federal law, or valid federal rules, regulations, or orders.
Stat. Auth.: ORS 351.070 & ORS 351.072
Stats. Implemented: ORS 351.070 & ORS 351.072
Hist.: OCE 3, f. & ef. 8-9-77; WOSC 5-1991, f. & cert. ef. 5-22-91; WOU 3-2003, f. & cert. ef. 10-28-03; WOU 2-2004, f. & cert. ef. 8-4-04
574-040-0020
Location and Custody of Student Records
(1) The Registrar's Office is the location of so-called "official records" of the student: admissions information, transcripts, grade information, degrees conferred, etc.
(2) The Vice President for Student Affairs' Office is responsible for the custodianship of "personal records" and confidential information resulting from normal contacts of those offices.
(3) The Student Health and Counseling Center is responsible for the records of students in this area and is concerned primarily with information resulting from student contacts with this service.
(4) The Academic Departments maintain instructional records which pertain primarily to the records maintained by the instructional staff: grades, references.
(5) Career Services files consist of an accumulation of transcripts, references, etc., for the individual student using this service for the purpose of making contracts with prospective employers.
Stat. Auth.: ORS 351.070 & ORS 351.072
Stats. Implemented: ORS 351.070 & ORS 351.072
Hist.: OCE 3, f. & ef. 8-9-77; WOSC 5-1991, f. & cert. ef. 5-22-91; WOU 3-2003, f. & cert. ef. 10-28-03
574-040-0025
Release and Access to Student Records
(1) The University may disclose directory information in compliance with the Act.
(2) Students may restrict the disclosure of all directory information by filing a completed Records Confidentiality Request form with the Office of the Registrar at any time during regular business hours. The restriction becomes effective as soon as is reasonably practicable and remains in effect until revoked in writing by the student.
[ED. NOTE: Forms referenced are available from the agency.]
Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OCE 3, f. & ef. 8-9-77; WOU 3-2003, f. & cert. ef. 10-28-03; WOU 2-2004, f. & cert. ef. 8-4-04
574-040-0030
Confidential Records -- Restrictions on Release
(1) Personal records designated as confidential pursuant to ORS 351.070 or pursuant to the Federal Family Education Rights and Privacy Act may be disclosed to institutional, state or statutorily authorized federal officials or employees who need the information in order to fulfill their official, professional responsibilities as required by law, institutional rules or internal management directives. Disclosure of personally identifiable information may also be made in connection with financial aid for which a student has applied or that a student has received or to accrediting organizations when necessary to their accrediting functions. These records may not be released to any other person or agency without the student's written consent, unless upon receipt of a subpoena or other court order or process. Institutional regulations may provide for designated institutional officials to appear in court to test the validity of a subpoena or court order or process relating to release of student records.
(2) The institutional executive, or his designated representative, may make exception to the foregoing rule when he determines that there is a clear and present danger to the safety of the student or others and/or property, and that disclosure of relevant personal information about the student is essential in order to avoid or substantially minimize the danger.
The factors to be taken into account in determining whether personally identifiable information from the educational records of a student may be disclosed under this rule shall include the following:
(a) The seriousness of the threat to the health or safety of the student or other individual;
(b) The need for the information to meet the emergency;
(c) Whether the individuals to whom the information is disclosed are in a position to deal with the emergency;
(d) The extent to which time is of the essence in dealing with the emergency.
(3) The health and safety exception to confidentiality shall be strictly construed.
Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OCE 3, f. & ef. 8-9-77; WOU 2-2004, f. & cert. ef. 8-4-04
574-040-0035
Petition By Student for Change in Personal Record
The student shall have the right to review with appropriate institutional personnel any information contained in his records and to petition appropriate institutional officials as defined in institutional regulations for additions or deletions to the record where the accuracy of the information in his file is in question, except in the following instances:
(1) Records created or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in a professional or paraprofessional capacity or assisting in that capacity.
(2) Records created, maintained or used only in connection with the provision of treatment to the student and not disclosed to anyone other than individuals providing the treatment; provided that the records can be personally reviewed by a physician or other appropriate professional of the student's choice.
(3) Records relating exclusively to an individual in that individual's capacity as an employee.
(4) Financial records and statements of the parents of students or any information contained therein.
(5) Confidential letters and confidential statements of recommendation that were placed in the educational records of a student prior to January 1, 1975, provided that the letters and statements were solicited with the written assurance of confidentiality or sent and retained with a documented understanding of confidentiality and were used only for the purposes for which they were specifically intended.
(6) Confidential letters of recommendation and confidential statements of recommendation that were placed in the educational records of the student after January 1, 1975, respecting admission to an educational institution, respecting an application for employment or respecting the receipt of an honor or honorary recognition, provided that the student has waived rights to inspect and review letters and statements of recommendation.
Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OCE 3, f. & ef. 8-9-77; WOU 2-2004, f. & cert. ef. 8-4-04
574-040-0040
Availability of Student Records for Research Purposes
(1) The need for educational institutions to make available information about the student for research purposes shall be acknowledged and provided for, contingent upon the institution's having adequate provisions to conceal the identity of the student whose personal data or information is being included in the research.
(2) If the regulations protecting the confidentiality of student records would seem to be jeopardized in any way by the release of information for research purposes, institutional regulations shall provide that the institution is to obtain the written consent of the student prior to releasing information about him for research purposes.
Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OCE 3, f. & ef. 8-9-77
574-040-0045
Permanence, Duplication, and Disposal of Student Records
(1) The individual student's record shall be maintained only for the minimum period of time required to serve the basic official functions of the office which generates and maintains it. It should then be disposed of in a manner such as to protect its confidentiality.
(2) The permanent retention of student records shall be limited to those which the institutional executive or the State Archivist shall determine to be of long-range value to the individual student or the institution.
(3) Duplication of permanent student records shall be kept to a minimum. Such duplicate permanent records as are made shall be destroyed in the same manner as temporary records as set forth in section (4) of this rule.
(4) All duplicate copies of permanent records and all temporary student records shall be destroyed at a time to be determined and set forth in institutional regulations and in a manner such as to protect their confidentiality.
Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OCE 3, f. & ef. 8-9-77
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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