Federal Family Educational Rights and Privacy Act (FERPA)

Access Rights of Students

a) Procedure.

A student may inspect and review his or her education records by submitting a written request to the Student Service Center of the Office of the University Registrar that identifies the record(s) the student wishes to inspect and review, or by emailing: [email protected] from his or her Columbia email account. The University will comply with the request within 45 days. The Registrar will forward copies of the student's request to the appropriate offices holding the requested files. These offices may contact the student and invite the student to inspect and review the records or inspection and review will be facilitated by the Registrar’s office. Students may also discuss with the Registrar’s office the types of records available for inspection and review. Note that a request to inspect and review "all records" is not normally sufficient to identify records for inspection and review.

(b) Confidential Letters of Recommendation.

In general, a student may only have access to confidential letters and statements of recommendation in the student’s educational records if the student has not waived access to those records.  If confidential letters and statements of recommendation were placed in a student’s file prior to January 1, 1975, these records are not available for inspection or review , as long as the records are only used for their specifically intended purpose.

In no case will any student be required by the University to waive his or her rights to access of confidential recommendations. A student may find it appropriate to do so for a number of reasons. For example, the student may feel that his or her professors will write more candid and helpful letters of recommendation if the letters are not available to the student. A number of schools and departments have waiver forms available. A school or department desiring to formulate a waiver form should consult the University’s Office of the General Counsel.

(c) Copying.

A student will ordinarily not be provided with copies of any part of his or her record other than the  transcript, unless the inability to obtain copies would effectively prevent the student from exercising his or her right to inspect and review the education record. In cases where copies will be provided, the department or office of the University maintaining the record in question may impose a charge for making such copies at uniform rates. Each department or office will establish and make readily available a schedule of such charges. In general, the charges imposed will not exceed $.10 per page. Provision of the official transcript is included in the Document Fee charged at the start of the first semester of enrollment.

(d) Other Rights.

1. Generally, educational records of a student will be maintained by the Office of Registrar, the office of the school or department in which the student is enrolled, and the office of the department of the student's major field of study. In addition, Columbia Health maintains records relating to students who have utilized its facilities. If a student has utilized a career services office at the University, such office may also maintain records relating to the student.
2. A student may request that his records be amended to eliminate any information contained therein that he believes is inaccurate, misleading, or violates his privacy or other rights.
3. If the University decides not to amend a student's records, the University will notify the student of the decision and of the opportunity for a hearing to challenge the content of his or her educational records in order to ensure that the records are not inaccurate, misleading, or otherwise in violation of his or her privacy or other rights. Normally, an informal hearing will suffice with an officer of the University who has authority to make changes in a student's records.
4. If, after a hearing, the University decides that the student's records are not inaccurate, misleading, or otherwise in violation of his or her privacy or other rights, the student has the right to place in his or her records a statement commenting upon the information and/or setting forth any reasons for disagreeing with the decision of the University.  The University will maintain the statement with the contested part of the record and disclose the statement when the University discloses the relevant portion of the record.

Access by or Release to Others

a) General.

The University will not generally permit access to, or release of, educational records or personally identifiable information contained therein to any party without the written consent of the student, except if permitted by FERPA. The University may, accordingly, as provided in the Act, release such data to certain persons including:

1. Officials of the University (including persons with whom the University has contracted) who have legitimate educational interests in obtaining access to the records. Such access will be granted if the official needs to review an educational record in order to fulfill his or her professional responsibility. However, it is within the University’s discretion to determine what is a legitimate educational interest, the appropriate scope of disclosure, and whether student privacy interests outweigh such interest.
2. Persons who require access in connection with the student's application for, or receipt of, financial aid.
3. Parents of a student, provided the student is a "dependent" of the parents for federal income tax purposes. In general, the University does not make education records available to a student's parents, although it is the policy of some schools within the University to advise such parents of the student's grades. Where the University believes that it is in a dependent student's interest, information from the student's educational records may be released to the parents of such a dependent student.
4. The University may release such information in compliance with a judicial order or pursuant to any lawfully issued subpoena. As a general policy, before any information is so released the University will first notify the student of the order or subpoena in advance of compliance, so that the student may seek protective action if the student wishes to do so. However, in compliance with the Act, some judicial orders and subpoenas specify that the University cannot disclose to any person the existence or contents of the order or subpoena or the information furnished in compliance with it.
5. In connection with a health or safety emergency, the University may release information from educational records to appropriate parties, including parents of students, if the knowledge of such information is necessary to protect the health or safety of a student or other individuals.
6. Officials of another educational institution where the student seeks or intends to enroll, or where the student is already enrolled or receiving services so long as the disclosure is for purposes related to the student's enrollment or transfer.
7. If a student initiates legal action against the University, the University may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the University to defend itself. 

(b) Release with the Student's Consent.

Upon written consent or request by a student, the University may release information from the student's educational records to third parties. The student should make a request for such release to the department or office having custody of the record involved and should specify the records they would like disclosed, the purpose of the disclosure, and the parties to whom the disclosure should be made. The University may impose a charge for copying a student's records in connection with such release.

(c) Transfer of Information to Third Parties.

Except if a FERPA exception applies under the Act, it will be a condition of the release by the University of any personal information on a student to a third party that the party to which the information is released will not permit any other party to have access to such information without the written consent of the student. An institution to which such information is released may permit its officers, employees, and agents to use such information but only for the purposes for which the disclosure was made. These restrictions do not apply to certain subpoenas and court orders.

(d) Directory Information.

The University may release "directory information" with respect to a student without the student's consent. The University is required to give notice of the categories of information that it will treat as "directory information." Accordingly, the University hereby gives notice that it has designated the following categories of information as directory information with respect to each student: name, UNI, local and permanent address, electronic mail address, telephone listing; date and place of birth; photographic, video, or electronic images; major field of study; participation in officially recognized activities and sports; weight and height of members in athletic teams; dates of attendance at Columbia and school, department, or institute attended; degrees conferred, awards received, and their dates; and other educational institutions attended.

A student who has attended the University who does not want to have directory information relating to himself or herself released should inquire at the Office of the Registrar as to the procedures to be followed. It is important to note that such requests must be made within the first 90 days of any term whenever possible.

New York State Education Law §6438-d (Beau’s law)

The University is committed to protecting student health and safety while respecting student privacy. In accordance with FERPA and New York State Education Law §6438-d (“Beau’s law”), the University maintains the following policy regarding parent, guardian, or designated emergency contact notification when a student under the age of 21 is involved in certain alcohol- or controlled substance-related violations or incidents.

Notification decisions are made by authorized institutional offices or individuals. These decisions are guided by a number of considerations, including student/community health, safety, and welfare, as well as compliance with applicable federal and state laws.

The purpose of this policy is to:

• Promote student health and safety;
• Ensure transparency regarding notification practices; and

• Clarify how the University exercises its discretion under FERPA and applicable New York State law.

  This policy applies to all students:

• Enrolled at the University who are under the age of 21; and
• Involved in certain alcohol and/or controlled substance-related violations or incidents that the University becomes aware of, whether occurring on or off campus, which are addressed through institutional processes.

The University does not routinely engage in communications with a parent, guardian, or emergency contact absent student consent, including for the below-listed covered incidents.  However, at the discretion of the University, a parent, guardian, or emergency contact may be notified when a student under the age of 21 is involved in one or more of the below-listed covered incidents when, based on the totality of the circumstances, the University determines that notification is appropriate.  These covered incidents, include, but are not limited to:

• Violations of institutional rules or policies related to the use or possession of alcohol or a controlled substance;
• Violations of federal, state, or local laws involving alcohol or controlled substances; and
• Alcohol or controlled substance-related medical emergencies, including:
  • Hospitalization;
  • Overdose; or
  • Other situations presenting a serious risk to the student’s or community’s health or safety.

Nothing in this Policy requires the University to notify a parent, guardian, or emergency contact if the University becomes aware of one of the above covered incidents. 

• Notification determinations are made only by authorized officials or designated institutional offices, which may include departments such as: the student’s school’s department of Student Affairs, Public Safety, or other authorized officials.
• Notification determinations may be made collaboratively and may involve any of the above-named offices. In order to determine the appropriateness of notification, authorized individuals and designated institutional offices may also consult with other University offices which maintain relevant information on a case-by-case basis, and the Office of General Counsel.
• Notifications are made on a case-by-case basis, considering the totality of the circumstances.

In connection with a health or safety emergency discussed above, FERPA permits the University to disclose educational records without consent if there is an articulable and significant threat to the health or safety of the student or others, and the disclosure is to parties who need to know in order to respond.

When feasible and appropriate, students will be informed that a parent, guardian, or emergency contact has been or may be notified, unless such notification would compromise health or safety or interfere with an ongoing investigation.

All notifications under this policy are handled with sensitivity and respect for student privacy. Information shared is limited to what is necessary to address health, safety, or welfare concerns. All disclosures made pursuant to this policy are documented.

(a) Copies of the preceding Guidelines and Statement of Policy are available on the Columbia website at https://universitypolicies.columbia.edu/ . You may view the Federal Family Educational Rights and Privacy Act on the U.S. Department of Education website at studentprivacy.ed.gov/ferpa. 

(b) Each office of the University that maintains educational records should keep with each student's file a permanent record of all parties who have requested access to the student's records, other than custodians of such files, University officials normally dealing with such files in performance of their duties, University officials who have been determined to have a legitimate educational interest in obtaining access to the records, parents of a "dependent" student, parties who have received "directory information," parties who have received records or information pursuant to the student's written consent, and the recipient of records or information pursuant to certain subpoenas and court orders. Such records of access should indicate specifically the legitimate interest that each such party had in obtaining access to the student's records and whether or not the request was granted. A student may inspect such records relating to his education records.

(c) Questions about the interpretation of the Guidelines should be referred to the Registrar’s Office or the University's Office of the General Counsel

(d) Complaints regarding violations of a student's rights under the Act may be filed with: Student Privacy Policy Office, studentprivacy.ed.gov/ferpa. 

12/2015