Annually, Eastern New Mexico University informs students of their rights under the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended. FERPA, with which Eastern New Mexico University intends to comply fully, affords eligible students certain rights with respect to their educational records. These rights include:
1. The right to inspect and review the student's educational records.
To inspect and review all educational records pertaining to the student, with some exceptions under FERPA, within forty-five (45) days of the day ENMU receives a request for access. A student should submit to the registrar a written request that identifies the record(s) the student wishes to inspect. The registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained in the Office of the Registrar, the registrar shall contact the appropriate office and arrange for inspection. Students may request copies of their educational records. ENMU may charge a fee for copies, unless doing so effectively prevents a student from exercising the right to inspect and review the student's educational records.
2. The right to request the amendment of the student's educational records that the student believes are inaccurate, misleading or otherwise in violation of the student's privacy rights under FERPA.
A student may ask the registrar to amend a record that the student believes is inaccurate, misleading or otherwise in violation of the student's privacy rights under FERPA. The student should write to the registrar clearly identifying the part of the record the student wants changed and specifying why the student believes the record is inaccurate, misleading or otherwise in violation of the student's privacy rights under FERPA. Upon consultation with ENMU official responsible for the record, or designee, if ENMU decides not to amend the record as requested by the student, the registrar will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
3. The right to consent to disclosure of personally identifiable information contained in the student's educational records, except to the extent that FERPA authorizes disclosure without consent.
FERPA allows ENMU to disclose personally identifiable information from an educational record without a student's consent in certain circumstances. One circumstance is as follows: FERPA permits disclosure without consent to school officials with a legitimate educational interest. A school official is a person employed by ENMU in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom ENMU has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Regents; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks; or parents/legal guardians of dependent students, as defined in section 152 of Internal Revenue Code of 1986. A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility.
Other circumstances pursuant to which ENMU may disclose personally identifiable information from an educational record without a student's consent include, but are not limited to, disclosure to:
A. Other educational institutions to which a student seeks or intends to enroll or where the student is
already enrolled, so long as the disclosure is for purposes related to the student's enrollment or
B. Specified officials for audit or evaluation purposes.
C. Appropriate persons in connection with financial aid to a student.
D. Organizations conducting certain studies for or on behalf of ENMU.
E. Accrediting organizations.
F. Appropriate persons in cases of health and safety emergencies, which may include a student's parents, regardless of whether the student is not a dependent for IRS purposes.
G. The parent or legal guardian of a student regarding a student's violation of any law or institutional rule or policy governing the use or possession of alcohol or a controlled substance if the student is under 21 and the institution determines that the student has committed a disciplinary violation.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by
ENMU to comply with the requirements of FERPA. The name and address of the Office that
administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920