Privacy of Student Records (FERPA)
- Authority: C.R.S. § 23-54-102, et seq. (2019) authorizes the Trustees of Metropolitan State University of Denver (MSU Denver) to establish rules and regulations to govern and operate the University and its programs. The Trustees retain authority to approve, interpret, and administer policies pertaining to University governance. The Trustees authorize the President of MSU Denver to approve, administer, and interpret policies pertaining to University operations.
- Purpose: Students' rights to privacy regarding their educational records are stated in this policy.
- Scope: This policy applies to MSU Denver students and employees.
- Responsible Executive: Chief Student Affairs Officer
- Responsible Administrator: Registrar
- Responsible Office: Registrar's Office
- Policy Contact: Registrar's Office, 303-556-3991
III. Policy Statement
Metropolitan State University of Denver maintains educational records for each student who has enrolled at the University. A copy of the University’s policy on student educational records may be obtained from the Office of the Registrar. Under the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 USC 1232g, and the implementing regulations published at 34 CFR part 99, each eligible student has the right to:
- Inspect and review his/her educational records;
- Request the amendment of the student’s education records to ensure that they are not inaccurate, misleading or otherwise in violation of the student’s privacy or other rights;
- Consent to disclosures of personally identifiable information contained in the student’s educational records, except to the extent that FERPA authorizes disclosure without consent (see Nondisclosure and Exceptions); and
- File a complaint under 34 CFR 99.64, concerning alleged failures by the University to comply with the requirements of FERPA, with the Family Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605.
Nondisclosure and Exceptions
Pursuant to FERPA, the University will not disclose a student’s education records without the written consent of the student except to University officials with legitimate educational interests, to officials at other institutions in which the student seeks to enroll; in connection with providing financial aid to the student; to accrediting agencies in carrying out their functions; to authorized representatives in connection with an audit or evaluation of Federal- or State-supported education programs, or the enforcement of or compliance with Federal legal requirements that relate to those programs; in compliance with a judicial order or subpoena; to other outside providers who may be subject to a contractual obligation to maintain confidentiality of student information (e.g. Auraria Higher Education, National Student Clearinghouse, or legal and debt collection services); may release educational records to parents of dependent children in accordance with IRS code of 1986; and in connection with a health or safety emergency involving the student. However, the University may release directory information without the prior written consent of the student unless an enrolled student has notified the University’s Office of the Registrar in writing that any or all types of directory information shall not be disclosed without the consent of the student. A request for nondisclosure will remain in effect until the student is no longer enrolled or cancels the request for nondisclosure.
A school official is a person employed by the University in an administrative, supervisory, academic, research, or support staff position, including Auraria law enforcement personnel; or a person elected to the Board of Trustees; or a person employed by or under contract to the University to perform a special task, such as attorney, auditor or consultant; or a student or other person serving on an official University committee or assisting a school official in performing the official’s professional duties and responsibilities. A legitimate educational interest is the need of a school official to review educational records to fulfill that official’s professional duties and responsibilities.
Other than Directory Information, which may be released to the general public, the University will not release educational records without a student’s written consent, signed, and dated by the student.
Metropolitan State University of Denver has designated the following categories of personally identifiable information on students as directory information under section 438(a)(5)(B) of FERPA:
- Dates of attendance at the University
- Date of birth
- Degrees and awards received
- Enrollment status
- Last educational institution attended
- Major and minor fields of study
- Participation in officially recognized activities and sports
- Physical and email addresses
- Student classification
- Student name
- Telephone number
- Weight and height of members of athletic teams
Effective: July 1, 2019