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What are Student Records? - Office of the Provost and Executive ...

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STUDENT RECORDS MANUALAppendix 16C4-2.0021 University <strong>of</strong> South Florida <strong>Student</strong> <strong>Records</strong> Policy<strong>Student</strong> <strong>Records</strong> provisions <strong>of</strong> FERPA ((20 U.S.C. §1232g), <strong>are</strong> fur<strong>the</strong>r amplified by FloridaState Statutes (Section 1002.22), Board <strong>of</strong> Education Rules (6C-6.015) <strong>and</strong> University <strong>of</strong> SouthFlorida Rules (6C4-2.0021.FAC)).(1) Introduction. The policies <strong>and</strong> procedures outlined in this rule <strong>are</strong> designed to implement <strong>the</strong>provisions <strong>of</strong> <strong>the</strong> Family Educational rights <strong>and</strong> Privacy Act [“FERPA”, 20 U.S.C. §1232g],<strong>and</strong> Florida Statutes Sections 228.093 <strong>and</strong> 240.237, pursuant to which <strong>the</strong> University <strong>of</strong>South Florida is obligated to inform students <strong>and</strong> p<strong>are</strong>nts <strong>of</strong> <strong>the</strong>ir rights to review <strong>and</strong> inspecteducation records, to challenge <strong>and</strong> seek to amend education records, to control disclosure <strong>of</strong>education records, <strong>and</strong> to complain to <strong>the</strong> FERPA <strong>Office</strong> or to Florida Circuit Courtconcerning alleged violations by <strong>the</strong> University <strong>of</strong> South Florida <strong>of</strong> any such rights. TheUniversity <strong>of</strong> South Florida has placed <strong>the</strong> responsibility for administration <strong>of</strong> this rule withits FERPA Coordinator who is <strong>the</strong> University Registrar.(2) Definitions. The following definitions <strong>of</strong> terms apply to <strong>the</strong> construction <strong>of</strong> this rule:(a) <strong>Student</strong> – an individual who is registered for an on-or-<strong>of</strong>f campus program leading to <strong>the</strong>award <strong>of</strong> academic credit from <strong>the</strong> University. “<strong>Student</strong>” does not include individualsparticipating in <strong>the</strong> Common Learning Network, Language Institute, Gifted Programs,Speech <strong>and</strong> Hearing Clinics <strong>and</strong> non-credit Continuing Education programs.(b) Education <strong>Records</strong> – those records which <strong>are</strong> maintained by <strong>the</strong> University <strong>and</strong>employees/agents <strong>of</strong> <strong>the</strong> University which contain information directly related to astudent. “Record”, as used herein, includes any information or data recorded in anymedium, including but not limited to, h<strong>and</strong>writing, print, magnetic tapes <strong>and</strong> disks, film,micr<strong>of</strong>ilm, <strong>and</strong> micr<strong>of</strong>iche. “Agents”, as used herein, means any individual who,pursuant to express or implied authorization, represents <strong>and</strong> acts for <strong>the</strong> University. Thefollowing types <strong>of</strong> records <strong>are</strong> expressly exempt from <strong>the</strong> definition <strong>of</strong> “educationrecords”:1. Sole possession records – personal records <strong>of</strong> University employees/agents whichmeets <strong>the</strong> following test:A. It was created by <strong>the</strong> University employee/agent as a personal memoryaid; <strong>and</strong>B. It is in <strong>the</strong> sole possession <strong>of</strong> <strong>the</strong> University employee/agent who createdit; <strong>and</strong>C. The information contained in it has never been revealed or accessible toany o<strong>the</strong>r person, including <strong>the</strong> student, except <strong>the</strong> Universityemployee’s/agent’s “temporary substitute”. “Temporary substitute”, asused herein, means an individual who performs on a temporary basis <strong>the</strong>duties <strong>of</strong> <strong>the</strong> University employee/agent.2. Employment records – records which <strong>are</strong> used only in relation to an individual’semployment by <strong>the</strong> University. However, <strong>the</strong> following <strong>are</strong> education recordsra<strong>the</strong>r than employment records:A. <strong>Records</strong> relating to a student’s employment by <strong>the</strong> university if <strong>the</strong>position in which <strong>the</strong> student is employed depends on his/her status as astudent.

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