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Release of Disciplinary Information

Regulations » FERPA Guide » Release of Disciplinary Information

Provisions of the Family Educational Rights and Privacy Act of 1974, as amended by the Higher Education Amendments of 1998, govern access to a student's disciplinary file. The student and/or those university officials who demonstrate a legitimate educational need for disciplinary information may have access to the student's disciplinary file. Parent(s), who provide proof that a student is a dependent as defined in Section 152 of the Internal Revenue Code of 1954, i.e. a copy of the last federal income tax return listing the student as a dependent, can have access to the student's disciplinary file without written consent of the student. In this case, parents may also have access to a disciplinary file, even if the student has requested otherwise.

In addition, parent(s) may be notified if a student under 21 years of age is found responsible for a violation involving use or possession of alcohol and drugs.

The Campus Security Act permits higher education institutions to disclose to alleged victims of any crime of violence (murder, robbery, aggravated assault, burglary, motor vehicle theft) the results of the conduct proceedings conducted by the institution against an alleged perpetrator with respect to such crime. The Campus Security Act also requires that both accused and the accuser be informed of campus conduct proceedings involving a sexual assault.

Additionally, the Higher Education Amendments of 1998 permit disclosure of the final results of disciplinary cases in which a student has been found responsible for a violation involving violence or for a sex offense.

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