Disclosure of Education Records, Including Personally Identifiable Information

  1. Prior consent for disclosure required:
    1. Unless an exception applies, the University shall obtain the written consent of a student before disclosing a student’s education records or personally identifiable information.
    2. The written consent required shall be signed and dated by the student and shall include: a specification of the records to be disclosed; the purpose(s) of the disclosure; and the party or class of parties to whom the disclosure may be made.
  2. Exceptions: The University may, but need not, disclose the education records of a student, including personally identifiable information without the written consent of a student if the disclosure is:
    1. To the student themself.
    2. To University officials, including the heads of administrative departments as well as faculty members having classroom or advisory responsibility to the student, provided that such officials have legitimate educational interests in the information. For purposes hereof, “legitimate educational interest” shall mean any interest of those officials directly related to the performance of their duties but shall not include any interest having as its principal source the personal prejudice of any such official.
    3. To officials of other colleges or universities in which the student seeks or intends to enroll, provided that the student shall be notified of the transfer of records (except when the transfer is initiated by the student) and receive a copy of the records if desired.
    4. To authorized representatives of: The Comptroller General of the United States; the Secretary of Health, Education and Welfare; the U.S. Commissioner of Education; the Director of the National Institute of Education, or the Assistant Secretary for Education; State educational authorities. It is provided that any such disclosures shall be only for use in connection with the audit and evaluation of federally supported education programs, or in connection with the enforcement of or compliance with the Federal legal requirements relating to such programs. It is provided, further, that except when the consent of a student has been obtained or when the collection of personally identifiable information is specifically authorized by Federal law, any data collected by officials hereunder shall be protected in a manner that will not permit the personal identification of the student by other than those officials, and personally identifiable information shall be destroyed when no longer needed for such audit, evaluation, or enforcement of or compliance with Federal legal requirements.
    5. In connection with financial aid for which a student has applied or received, provided that personally identifiable information from the education records of a student will be disclosed only as may be necessary to determine eligibility for financial aid; determine the amount of financial aid; determine the conditions that will be imposed regarding the financial aid; or to enforce the terms or conditions of the financial aid.
    6. To state and local officials or authorities to whom information is specifically required to be reported or disclosed pursuant to state statute adopted prior to November 19, 1974.
    7. To organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction. It is provided that the studies are conducted in a manner which will not permit the personal identification of students by individuals other than representatives of the organization and the information will be destroyed when no longer needed for the purposes for which the study was conducted.
    8. To parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1954, as long as the student has provided a written release to the University.
    9. To comply with a judicial order or a lawfully issued subpoena, in which event the student will be notified in advance of compliance, if feasible, of the order or subpoena, the compliance date, and of the University’s intention to comply.
    10. To appropriate parties in a health or safety emergency, when the information is necessary to protect the health or safety of the student or other individuals, based upon the following factors: the seriousness of the threat to the health or safety of the student or other individuals; the need for the information to meet the emergency; whether the parties to whom the information is disclosed are in a position to deal with the emergency; and the extent to which time is of the essence in dealing with the emergency.
    11. To appropriate organizations for the strict purpose of confirming that a student has a student status in a particular program/college of Midwestern University.
    12. To the alleged victim of a crime of violence, or a non-forcible sex offense, the results of any disciplinary hearing conducted by the University against the student who is the alleged perpetrator of the crime or offense upon written request. If the alleged victim is deceased as a result of the crime or offense, the University will provide the results of the disciplinary hearing to the victim’s next of kin, if so requested.
    13. As otherwise provided by law, including but not limited to, the Solomon Act.
  3. Exceptions: Directory Information. FERPA generally requires Midwestern University to obtain a student’s written consent prior to the disclosure of personally identifiable information from the student’s education records, however, Midwestern University may disclose appropriately designated “directory information” without written consent, unless the student has advised Midwestern University to the contrary in accordance with its procedures. For example, certain directory information may be disclosed to residency programs, employment recruiters, and industry representatives. While directory information may be disclosed without student consent, under FERPA, Midwestern University is not required to release directory information. The primary purpose of directory information is to allow Midwestern University to include information from the student’s education records in certain school publications. Examples include but are not limited to:
    1. Directories and internal reports;
    2. Yearbooks and class photos;
    3. Recognition lists;
    4. Promotional materials;
    5. Graduation programs; and
    6. Alumni directories.
    7. Midwestern University has designated the following information as directory information and may release this information:
      1. Student’s name
      2. Address
      3. Telephone number
      4. University email address
      5. Photographs, including identification photos, composite photos, yearbook photos, graduation photos
      6. Undergraduate institution(s) and the most recent previous educational institution attended
      7. Degrees, honors, and awards received
      8. Class level
      9. Enrollment status
      10. Dates of attendance
      11. Activities
      12. Photographs, videos, or other recordings (“Recordings”) depicting students in public or educational events and activities but only if the Recordings omit personally identifiable information contained in the student’s education record that is not otherwise directory information
      13. A student ID number, user ID, or other unique personal identifier used to communicate in electronic systems but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or other factor known or possessed only by the authorized user
      14. A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or other factor known or possessed only by the authorized user.
    8. If a student does not want all or some of their directory information released to any person other than officials with legitimate need, the student must notify the Registrar in writing. A restriction requested by a student will block the requested information from use as directory information indefinitely. To remove the restriction, the student must notify the Registrar in writing: Arizona Campus: AZregistrar@midwestern.edu; Illinois Campus: ILregistrar@midwestern.edu. The student submitting such request will be asked to complete the FERPA Non-Disclosure Request Form. A non-disclosure request may result in a complete bar to sharing any personally identifiable information from a student’s education records, which can have an adverse impact to the student’s academic and professional progress. Students with questions may contact the Registrar at: Arizona Campus: (623) 572-3325; Illinois Campus: (630) 515-7600.
  4. Record of disclosures
    1. The University shall maintain a record, kept with the education records of its students, of each request for and disclosure of personally identifiable information, including directory information from the education records of its students. Such record shall indicate the parties who have requested or obtained the information and the legitimate interests these parties had in requesting or obtaining the information.
    2. Recording of disclosures shall not apply to the student themselves, disclosures pursuant to a written consent of the student when the consent is specific with respect to the party or parties to whom the disclosure is to be made or disclosures that are allowed under any exceptions discussed above.
    3. The record of disclosures may be inspected by: the student; the University official responsible for custody of the records; and the parties authorized in, and under conditions set forth in subsection D.2. above.