IV. Amendment of Records

If a student believes that any of the education records relating to her or him contain information that is inaccurate, misleading, or in violation of her or his rights of privacy, she or he may ask the University to correct or delete such information. The student may also ask that additional explanatory material be inserted in the record. Requests for amendment of a record or the addition of explanatory material should be submitted at the conclusion of the record review on form PL 93-3803, available from the appropriate record review officer. The reasons for the request should be set forth on the form and should clearly identify the part of the record the student wants changed and specify why it is inaccurate or misleading. There is no obligation on the part of the University to grant such a request. If the University declines to amend the records as requested by the student, it will so inform the student, and the student may request a hearing. The right to challenge the contents of an educational record may not be used to question substantive educational judgments that have been correctly recorded. For example, a hearing may not be requested to contest the assignment of a grade. Grades given in the course of study include written evaluations that reflect institutional judgment of the quality of a student's academic performance.

VII. Hearings

If the University declines to amend a student's record as he or she requests, the student has the right to a hearing. The hearing will be held within a reasonable time after the University receives the student's request for it. The hearing may be conducted by any person, including an official of the University, who does not have a direct interest in its outcome. At the hearing, the student may be assisted or represented by one or more individuals, including legal counsel, of the student's choice at the student's expense. Within a reasonable time following the hearing, the hearing officer will make her or his recommendation(s) in writing to the President (or his designee). This recommendation, and the written decision of the President or his designee on behalf of the University, will be based solely on the evidence presented at the hearing and will include a summary of that evidence and the reasons for the conclusions reached. If the decision of the President or his designee is to amend the record, the record will be amended and the student will be given written notice of the amendment. If the decision of the President or his designee is not to amend the record, the student will be informed that he or she has the right to place a written statement in his or her record, which will be kept in the file as long as the file itself is kept. The statement may comment on the contested portion of the file or say why the student disagrees with the decision of the President or his designee, or do both. If the contested portion of the file is disclosed to anybody, the student's statement will also be disclosed.

VIII. Disclosure of Personally Identifiable Information

Prior to disclosing personally identifiable information from a student's education records, the University will obtain the student's signed and dated written consent to such disclosure, unless consent is not required by law. The student's written consent must "specify the records that may be disclosed; state the purpose of the disclosure; and identify the party or class of parties to whom the disclosure may be made." In the case of certain offices, such as the career services or preprofessional committees, students can sign a blanket consent for disclosure of specified records to "appropriate third parties." Signed and dated written consent "may include a record and signature in electronic form that identifies and authenticates" the student as the source of the consent and indicates the student’s “approval of the information contained in the electronic consent." Such consent is not needed for disclosure of directory information (see Section IX below) or for disclosure:

1. to the student;
2. to school officials with legitimate educational interests; school officials having a legitimate educational interest include any University employee acting within the scope of her or his University employment, and any duly appointed agent or representative of the University acting within the scope of his or her appointment.
3. to accrediting, testing, and similar organizations;
4. to parents of dependent students (see Section XI below);
5. to certain federal, state, and local officials and authorities, in each case as specified in Subpart D of the FERPA Regulations, 34 C.F.R. Part 99;
6. in connection with financial aid for which the student has applied or received, under the conditions set forth in the FERPA Regulations.
7. to comply with a subpoena or judicial order, provided that the University attempts to notify the student of the order or subpoena before complying with it (unless, in the case of a Federal grand jury subpoena or other subpoena issued for a law enforcement purpose, the subpoena orders that such notification not be made), or to provide information to the Attorney General of the United States or to his designee, without notification to the student, in response to a court order issued in connection with the investigation or prosecution of terrorism crimes as specified in Title 18, U.S. Code, sections 2331 and 2332 (g) (5) (B). Permission is not needed for disclosure to a court when the University has initiated legal action against a parent or student or when necessary for the University to defend itself when a parent or student has initiated action against it.
8. in an emergency where there is an articulable and significant threat to the health or safety of a student or other individual, to appropriate parties whose knowledge of the information is necessary to protect the health or safety of the student or other individuals. In such cases, the University will maintain a record of the articulable and significant threat which formed the basis for disclosure and the parties to whom the information was disclosed.
9. when forwarding education records to the officials of another institution (a) in which a student seeks or intends to enroll if that institution requests such records, or (b) if the student is enrolled in, or receiving services from, that institution while she or he is attending NYU, provided that the disclosure is for purposes related to the student’s enrollment or transfer. The student's consent is not required for such disclosure, nor is any other notice of the transfer required, although a copy of each record so disclosed will be provided to the student if the student asks for it.
10. of the final results of any University disciplinary proceeding relating to a crime of violence or non-forcible sex offense allegedly perpetrated by a University student to an alleged victim of that crime or offense, regardless of whether or not it is concluded that a violation was committed. The consent of the alleged student perpetrator is not a condition to this disclosure.
11. of the final results of any University disciplinary proceeding reached on or after October 7, 1998 if it is determined that a student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the University’s rules or policies with respect to the allegation. The names of other students, including the victim or witnesses, may not be disclosed without their prior written consent.
12. to the parent of a student regarding the student’s violation of any Federal, State, or local law, or any rule or policy of the University, regarding the use or possession of alcohol or a controlled substance, provided that the University has determined that the student has committed a disciplinary violation with respect to that use or possession and the student is under the age of 21 at the time of the disclosure.
13. of information concerning registered sex offenders, provided to the University under the Wetterling Act, including information made available under State sex offender registration and community notification programs.

In the case of certain offices, such as the career services or preprofessional committees, students can sign a blanket consent for disclosure of records to "appropriate third parties."

The University will maintain a record of each request for and disclosure of personally identifiable information from the education records of a student to persons outside the University for as long as such records are maintained. The record will indicate the parties who have requested or obtained the personally identifiable information and the legitimate interest these parties had in requesting or obtaining the information. The student has the right to inspect and review this record of requests. The requirement to keep records of requests does not apply to: disclosures to the student; disclosures made pursuant to the written consent of the student; disclosures to University employees determined by the University to have legitimate educational interests; disclosures of directory information; or disclosures made in compliance with a Federal grand jury or other law enforcement subpoena which orders that the existence or the contents of the subpoena or the information furnished not be disclosed to the student.

In instances where disclosure of personally identifiable information from an education record to a third party is permitted (see above), the third party is subject to the requirements of the FERPA Regulations with respect to possible redisclosure of that information and the University must so inform the third party.

When a student gives his or her written consent to the disclosure of personally identifiable information from his or her records to persons outside the University, the student may request that the University provide him or her with a copy of any records thus disclosed, and the University will do so.

The purpose of the consent form is to permit the student to have some control over the disclosure of personally identifiable information in her or his education records. The fact that a student signs a consent form, whether specific or "blanket," does not, however, bind the University to make the student's records available to the third party or parties who have obtained the student's consent to their review of his or her files. The student's records are still the property of the University and, even if a consent has been signed, the University will exercise its discretion in each case by disclosing to the third party only such information, records, and files, if any, as the University deems appropriate in light of the reason that the third party is seeking access to the student's records. Because of this, all consents obtained directly from students by third parties must include a specification of the records to be disclosed, the purposes of the disclosure, and the person or groups of persons to whom disclosure may be made. The original signed consent must be provided to the University by the third party at the time the request for access is made. The University will retain the original consent. Records to which students are denied access because they are not "education records" usually will not be made available to an outside party. In addition, the third party generally will not be permitted to make copies of records to which he or she is granted access, even if the consent signed by the student explicitly gives permission for such copies to be made. If the student wishes the third party to have copies of documents in her or his file, or if there are other documents to which the third party has not been granted access by the University but which the student wishes the third party to have, the student may copy those records (see Section IV above) and provide such copies to the third party directly.

IX. Directory Information

The University has designated the following student information as "directory information." Such information may be disclosed for any purpose, at the discretion of the University, except as provided below. *

Name, dates of attendance, NYU school or college, class, previous institution(s) attended, major field of study, full or part-time status, degree(s) conferred (including dates), honors and awards (including dean's list), past and present participation in officially recognized activities (including positions held and official statistics related to such participation and performance).

Currently enrolled students may refuse to permit disclosure of this information. To do so, a student enrolled in any school other than the College of Dentistry, School of Medicine, School of Law, or Stern School of Business - Graduate Division should complete a form requesting nondisclosure at the Office of the University Registrar, 25 West 4th Street, and submit it to that office. A hold will be placed on the release of directory information filed with the University Registrar, which will remain in effect until the student files a written request to remove it. Students in the College of Dentistry, School of Law, School of Medicine, or Stern School of Business - Graduate Division should complete the nondisclosure form available in the Recording Office of the school in which he or she is enrolled. Students in these schools will be informed if they must file a new nondisclosure form each academic year. A request not to disclose directory information applies to the entire category of such information and cannot be selective with regard to specific items defined as directory information. Similarly, a request not to disclose directory information applies to all individuals and organizations, subject to the exceptions stated in Section VIII above, and cannot be selective with regard to specific individuals or organizations.

A student may not use the withholding of directory information to prevent the University from disclosing or requiring the student to disclose his or her name, identifier, or institutional e-mail address in a class in which the student is enrolled.

Students should consider very carefully the effect of a decision to withhold directory information. If that decision is made, any requests during that academic year for such information from non-University persons or organizations will be refused (subject to the exceptions stated in Section VIII above or unless the student has subsequently removed the hold by notifying the Registrar or appropriate Recording Office in writing). If a student does not specifically request the withholding of directory information by filing the appropriate University form, as indicated above, the University assumes that he or she approves of the disclosure of such information. The University disclaims any and all liability for inadvertent disclosure of directory information designated to be withheld.

* Under federal law, address information, telephone listings, and age are also considered directory information for military recruitment purposes. Address refers to "physical mailing address" but not e-mail address.

X. Review by Government Agencies

Authorized representatives of government agencies may occasionally ask to see a student's education records. Such requests are usually made when a student or former student has applied for a government job. The government agent should be referred to the appropriate record review officer, as indicated in Section IV above. Generally, the University will handle such requests in the same manner as other requests for access to student records by third parties (see Section VIII), provided that the government agent shows official identification and provides a signed release from the student,  a copy of which will be retained by the University.

If a government agent has a subpoena, she or he should be referred to the Office of Legal Counsel. Under the FERPA regulations, the University is required to make a reasonable attempt to notify the student prior to complying with the subpoena unless, in the case of a subpoena issued for law enforcement purposes, the subpoena orders that such notification not be made. (See Section VIII above.)

XI. Requests from Parents

Occasionally, a parent will request information from a student's education records or a copy of the student's transcript. Under FERPA, institutions are not required to disclose such information to the student's parent, but may do so if: (a) there is written consent to the disclosure from the student, or (b) the parent requests the information in writing and provides evidence that the student is his or her dependent under the Internal Revenue Code of 1986 (See Section VIII above.), or (c) the student has violated a Federal, State, or local law or any rule or policy of the University regarding the use or possession of alcohol or a controlled substance, provided that the University has determined that the student has committed a disciplinary violation with respect to that use or possession and the student is under the age of 21 at the time of the disclosure.

If the procedure indicated under (b) is followed, the University's practice is to ask the parent to establish dependency by providing a copy of her or his latest federal income tax return. Confidential information on the return may be expunged, provided that the information that remains is sufficient for the University to ascertain that the parent has claimed the student as a dependent. Further, it is also the practice of the University (except in a health or safety emergency) to inform the student of such a request and of the information requested before deciding whether to provide the requested information to the parent. "Parent" is defined by FERPA as "a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian."

XII. Annual Notice

The University will inform students of these Guidelines and of their rights under FERPA and the Department of Education's FERPA regulations by placing a notice about them in the Student's Guide to NYU each year, the Class Schedule each semester, and on the websites of the Registrar and The Student Resource Center. For Annual Notice, go to http://www.nyu.edu/registrar/university-policies/ferpa.html.

For additional information or a copy of the statute, the FERPA regulations, or these Guidelines, please contact Barnett W. Hamberger, Assistant Provost, 212-998-2310, 194 Mercer Street, Room 403F.