/ en /ums/rules/collected_rules/information/ch180/180.010_archival_program <span>180.010 Archival Program</span> <span><span>kuscheld</span></span> <span><time datetime="2010-05-26T21:35:35+00:00" title="Wednesday, May 26, 2010 - 21:35">Wed, 05/26/2010 - 21:35</time> </span> <div><p>Bd. Min. 2-13-70, p. 34,882; Amended 3-1-74, p. 36,962; Bd. Min. 3-20-81; Revised 12-6-91; Revised 9-2-94; Bd. Min. 7-13-00.</p> <ol class="upperalpha"> <li><strong>Archival Program</strong><br> <ol class="numeric"> <li>Each campus shall have a Campus Archivist appointed by its Chancellor. The Campus Archivist for the Columbia campus shall also serve as Archivist for the University's Central Administration. The Campus Archivists as a group shall jointly establish a coordinated archival philosophy for the collection of University records, documents and materials having a perpetual administrative or historical value.</li> <li>All records (regardless of media) having perpetual administrative or historical value are to be transferred to Campus Archives for retention as specified by Records Retention Authorizations. The Campus Archivist shall have sole authority to determine which records, documents and materials not meeting those standards.</li> <li>Campus Archives shall be the only appropriate depository for all present and future official campus records and documents appraised as having perpetual administrative or historical value.</li> <li>Campus Archivist shall encourage all retired and former faculty and staff, and faculty to donate their personal papers and materials to the Campus Archives.</li> </ol> </li> <li><strong>Records Management Program </strong><br> <ol class="numeric"> <li>As a continuing management function, the President of the University, through the Vice President for Finance and Administration's Records Management Department, shall establish records management policy and provide other records management related services as necessary to optimize the University's record keeping functions in an efficient and cost-effective manner.</li> <li>Retention requirements for all University records and documents (regardless of media) will be collectively determined by the Campus Archivists, the UM Director of Records Management, Internal Auditing Representative and General Counsel. No other committee, person or board shall specify records retention requirements. The retention requirements shall be binding on all University academic and administrative departments and staff. No University records shall be destroyed or disposed of by any University officers or employees on their own initiatives.</li> <li>All records shall be retained and disposed of according to University Records Retention Authorizations to ensure that their purpose has been accomplished or for such time as may be required by contract, Federal or State laws and regulations.</li> </ol> </li> </ol> </div> Wed, 26 May 2010 21:35:35 +0000 kuscheld 7444 at /ums/rules/collected_rules/information/ch180/180.020_student_records <span>180.020 Student Records</span> <span><span>kuscheld</span></span> <span><time datetime="2010-05-26T21:41:00+00:00" title="Wednesday, May 26, 2010 - 21:41">Wed, 05/26/2010 - 21:41</time> </span> <div><p><strong>180.020 Student Records</strong></p> <p>Bd. Min. 6-10-59, p. 15,059; Bd. Min. 2-28-25; Amended 3-18-77; Bd. Min. 5-24-01; Amended 7-24-09; Amended 12-7-12; Amended 2-9-17.</p> <ol class="upperalpha"> <li><strong>Purpose</strong>—The purpose of this regulation is to set forth the guidelines governing the protection of the privacy of student records and to implement The Family Educational Rights and Privacy Act of 1974 (Buckley Amendment; Pub. L. 93-380, as amended). These regulations apply to all students who are or have attended the University of Missouri.</li> <li><strong>Definitions</strong><br> <ol class="numeric"> <li>“<strong>Act</strong>” means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as Section 444 of the General Education Provisions Act.</li> <li>“<strong>Attendance</strong>” at the University includes, but is not limited to:<br> <ol class="loweralpha"> <li>The term means the period of time during which a student attends the University. Examples of dates of attendance includes an academic year, a spring semester, a fall semester, a summer semester or a summer session.</li> <li>The term does not include specific daily records of a student’s attendance at the University.</li> </ol> </li> <li>“<strong>Directory Information/Public Information</strong>” includes a student’s name, address, e-mail address, telephone listing, major field of study, participation in officially recognized activities and sports, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, student level, and full- or part-time status.</li> <li>“<strong>Disclosure</strong>” means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.</li> <li>“<strong>Education Records</strong>”<br> <ol class="loweralpha"> <li>The term means those records that are:<br> <blockquote><p>(1) Directly related to a student; and<br> (2) Maintained by the University or by a party acting for the University.</p></blockquote> </li> <li>The term does not include:<br> <blockquote><p>(1) Records that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;<br> (2) Records of a law enforcement unit of the University, but only if education records maintained by the University are not disclosed to the unit, and the law enforcement records are:</p> <div style="margin-left: 23px;">(a) Maintained separately from education records;<br> (b) Maintained solely for law enforcement purposes; and<br> (c) Disclosed only to law enforcement officials of the same jurisdiction;</div> <p> (3) (a) Records relating to an individual who is employed by the University, that:</p> <div style="margin-left: 60px;">(i) Are made and maintained in the normal course of business;<br> (ii)Relate exclusively to the individual in that individual’s capacity as an employee; and<br> (iii)Are not available for use for any other purpose.</div> <div style="margin-left: 25px">(b) Records relating to an individual in attendance at the University who is employed as a result of the individual’s status as a student are education records and not excepted under Section 180.020.B.5.b(3) of this definition.</div> <p> (4) Records on a student who is attending the University, that are:</p> <div style="margin-left: 25px;">(a) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in a professional capacity or assisting in a paraprofessional capacity;<br> (b) Made, maintained, or used only in connection with treatment of the student; and<br> (c) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the University; and</div> <p> (5) Records that only contain information about an individual after he or she is no longer a student at the University.</p></blockquote> </li> </ol> </li> <li>“<strong>Parent</strong>” means a natural parent, an adoptive parent, or the legal guardian of the student.</li> <li>“<strong>Party</strong>” means an individual, agency, institution, or organization.</li> <li>“<strong>Personally identifiable information</strong>” includes:<br> <ol class="loweralpha"> <li>The student’s name;</li> <li>The name of the student’s parent or other family member;</li> <li>The address of the student or student’s family;</li> <li>A personal identifier, such as the student’s social security number or student number;</li> <li>A list of personal characteristics that would make the student’s identity easily traceable; or</li> <li>Other information that would make the student’s identity easily traceable.</li> </ol> </li> <li>“<strong>Record</strong>” means information or data recorded in any medium, including, but not limited to handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.</li> <li>“<strong>Student</strong>” means any person who is or has been in attendance at the University where the University maintains education records or personally identifiable information on such person.</li> </ol> </li> <li><strong>Notification of Access Rights by the University</strong><br> <ol class="numeric"> <li>The University shall annually notify students currently in attendance of their rights under the Act.</li> <li>Notice must be included in each campus’s information manual, or other publication, and must inform students that they have the right to:<br> <ol class="loweralpha"> <li>Inspect and review the student’s education records;</li> <li>Seek amendment of the student’s education records that the student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights;</li> <li>Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that the Act and Section 180.020.M authorize disclosure without consent; and</li> <li>File with the Department of Education’s Family Policy Compliance Office a complaint under Sections 99.63 and 99.64 of the Act concerning alleged failures by the University to comply with the requirements of the Act.</li> </ol> </li> <li>The notice must include all of the following:<br> <ol class="loweralpha"> <li>The procedure for exercising the right to inspect and review education records;</li> <li>The procedure for requesting amendment of records under Section 180.020.I; and</li> <li>A specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest, as listed in Section 180.020.M.1.a.</li> </ol> </li> <li>The University may provide this notice by any means that are reasonably likely to inform the students of their rights. The University shall effectively notify students who are disabled.</li> </ol> </li> <li><strong>Records of the University’s Law Enforcement Unit</strong><br> <ol class="numeric"> <li>“<strong>Law enforcement unit</strong>” means any individual, office, department, division, or other component of the University, such as the University of Missouri Police Department or noncommissioned security guards, that is officially authorized or designed by the University to:<br> <ol class="loweralpha"> <li>Enforce any local, state, or federal law, or refer to appropriate authorities a matter for enforcement of any local, state, or federal law against any individual or organization other than the University itself; or</li> <li>Maintain the physical security and safety of the University.</li> </ol> </li> <li>A component of the University does not lose its status as a “law enforcement unit” if it also performs other, non-law enforcement functions for the University, including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student.</li> <li>“<strong>Records of law enforcement unit</strong>” means those records, files, documents, and other materials that are:<br> <ol class="loweralpha"> <li>Created by a law enforcement unit;</li> <li>Created for a law enforcement purpose; and</li> <li>Maintained by the law enforcement unit.</li> </ol> </li> <li>“Records of law enforcement unit” does not mean:<br> <ol class="loweralpha"> <li>Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the University other than the law enforcement unit; or</li> <li>Records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as disciplinary action or proceeding conducted by the University.</li> </ol> </li> <li>The University may contact its law enforcement unit, orally or in writing, for the purpose of asking that unit to investigate a possible violation of, or to enforce, any local, state or federal law.</li> <li>Education records, and personally identifiable information contained in education records, do not lose their status as education records and remain subject to the Act, as well as the disclosure provisions of Section 180.020.L, while in possession of the law enforcement unit.</li> </ol> </li> <li><strong>Rights of Inspection and Review of Education Records</strong><br> <ol class="numeric"> <li>The University shall provide students access to their educational records except as provided in Section 180.020.G.</li> <li>The University shall comply with a request within a reasonable period of time, but in no case more than 45 days after the request has been received.</li> <li>The University shall respond to reasonable requests for explanations and interpretations of those records.</li> <li>If circumstances effectively prevent the student from exercising the right to inspect and review the student’s education records, the University shall:<br> <ol class="loweralpha"> <li>Provide the student with a copy of the records requested; or</li> <li>Make other arrangements for the student to inspect and review the requested records.</li> </ol> </li> <li>The University shall not destroy any education records if there is an outstanding request to inspect and review the records under this section.</li> </ol> </li> <li><strong>Fees for Copies of Educational Records</strong><br> <ol class="numeric"> <li>Unless the imposition of a fee effectively prevents a student from exercising the right to inspect and review the student’s education records, the University may impose a reasonable fee for reproduction costs. This fee will not exceed the actual cost of production.</li> <li>The University shall not charge a fee to search for or to retrieve the education records of a student.</li> </ol> </li> <li><strong>Limitation on Access</strong><br> <ol class="numeric"> <li>If the education records of a student contain information on more than one student, the student may inspect and review or be informed of only the specific information about that student.</li> <li>The University will not permit a student to inspect and review education records that are:<br> <ol class="loweralpha"> <li>Financial records, including any information those records contain, of the student’s parents;</li> <li>Confidential letters and confidential statements of recommendation placed in the education records of the student before January 1, 1975, as long as the statements are used only for the purposes for which they were specifically intended; and</li> <li>Confidential letters and confidential statements of recommendation placed in the student’s education records after January 1, 1975, if:<br> <blockquote><p>(1) The student has waived the right to inspect and review those letters and statements; and<br> (2) Those letters and statements are related to the student’s:</p> <div style="margin-left: 50px;">(a) Admission to the University;<br> (b) Application for employment;<br> (c) Receipt of an honor or honorary recognition.</div> </blockquote> </li> </ol> </li> </ol> </li> <li><strong>Waivers</strong><br> <ol class="numeric"> <li>A waiver under Section 180.020.G.2.c. is valid only if:<br> <ol class="loweralpha"> <li>The University does not require the waiver as a condition for admission to or receipt of a service or benefit from the University; and</li> <li>The waiver is made in writing and signed by the student, regardless of age.</li> </ol> </li> <li>If a student has waived the rights under Section 180.020.G.2.c., the University shall:<br> <ol class="loweralpha"> <li>Give the student, on request, the names of the individuals who provided the letters and statements of recommendation; and</li> <li>Use the letters and statements of recommendation only for the purpose for which they were intended.</li> </ol> </li> <li>A Waiver under Section 180.020.G.2.c. may be revoked with respect to any actions occurring after the revocation. A revocation must be in writing.</li> </ol> </li> <li><strong>Amendment of Education Records</strong><br> <ol class="numeric"> <li>If a student believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student’s rights of privacy, he or she may ask the University to amend the record by contacting the University Registrar.</li> <li>The University shall decide whether to amend the record as requested within a reasonable time after the request is received.</li> <li>If the University decides not to amend the record as requested, the University Registrar shall inform the student of its decision and of the right to a hearing under Section 180.020.J.</li> </ol> </li> <li><strong>Rights to a Hearing</strong><br> <ol class="numeric"> <li>The University shall give a student, on request, an opportunity for a hearing to challenge the content of the student’s education records on the grounds that the information contained in the education records is inaccurate, misleading, or in&nbsp; violation of the privacy rights of the student.</li> <li>If, as a result of the hearing, the University decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall:<br> <ol class="loweralpha"> <li>Amend the record accordingly; and</li> <li>Inform the student of the amendment in writing.</li> </ol> </li> <li>If, as a result of the hearing, the University decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the University, or both.</li> <li>If the University places a statement in the education records of a student, it shall:<br> <ol class="loweralpha"> <li>Maintain the statement with the contested part of the record for as long as the record is maintained; and</li> <li>Disclose the statement whenever it discloses the portion of the record to which the statement relates.</li> </ol> </li> </ol> </li> <li><strong>Conduct of a Hearing</strong>—Upon the request of the University official charged with custody of the records of the student, the hearing required by Section 180.020.J. shall be conducted.<br> <ol class="numeric"> <li>The request for a hearing shall be submitted in writing to the campus Chancellor, who will appoint a hearing officer or a hearing committee to conduct the hearing.</li> <li>The hearing shall be conducted and decided within a reasonable period of time following the request for the hearing. The University shall give the student notice of the date, time, and place, reasonably in advance of the hearing.</li> <li>The hearing shall be conducted and the decision rendered by an appointed hearing official or officials who shall not have a direct interest in the outcome of the hearing.</li> <li>The student shall be afforded a full and fair opportunity to present evidence relevant to the hearing, and may be assisted or represented by individuals of the student’s choice at the student’s own expense, including an attorney.</li> <li>The decision of the University shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.</li> <li>The decision shall be rendered in writing within a reasonable period of time after the conclusion of the hearing.</li> <li>Either party may appeal the decision of the hearing official or officials to the campus Chancellor.</li> </ol> </li> <li><strong>Conditions Under Which Prior Consent is Required</strong><br> <ol class="numeric"> <li>The student shall provide a signed and dated written consent before the University discloses personally identifiable information from the student’s education records, except as provided in Section 180.020.M.</li> <li>The written consent must:<br> <ol class="loweralpha"> <li>Specify the records that may be disclosed;</li> <li>State the purpose of the disclosure; and</li> <li>Identify the party or class of parties to whom the disclosure may be made.</li> </ol> </li> <li>If a student so requests, the University shall provide him or her with a copy of the records disclosed.</li> </ol> </li> <li><strong>Conditions Under Which Prior Consent is Not Required</strong><br> <ol class="loweralpha"> <li>The University may disclose personally identifiable information from an education record of a student without the consent required by Section 180.020.L. if the disclosure meets one or more of the following conditions:<br> <ol class="loweralpha"> <li>The disclosure is to other University officials, including instructors, within the University who have been determined by the University to have legitimate e