Student's Rights

The Family Educational Rights and Privacy Act (FERPA) gives students certain rights with respect to their education records. They are:

I. The right to inspect and review the student's education records.

  • A request by a student to inspect a record shall be made in writing to the office which maintains the record. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
  • Every office is obligated to inform the student when the requested record will be made available. The office has up to 45 days to respond. In most instances, the response will be made promptly.
  • Students are obligated to properly identify themselves (Student I.D.) before being shown their record.
  • Students are obligated not to interfere with the normal operation of the office in which the record is being maintained.
  • Students are obligated to examine the record during regular hours maintained by the particular office.
  • Prior to giving a student his or her record for examination, all confidential data received prior to January 1, 1975, any information waived by the student, any information pertaining to other students and any financial records of parents will be removed.
  • The examination of the record shall be supervised.
  • Copies of records shall, upon request, be transmitted to the student after payment of established fees for such copies, unless payment of the fee prevents access.

II. The right to request the amendment of the student's education records that the student believes are inaccurate, misleading or in violation of the student's rights of privacy.

After reviewing a record, a student has the right to challenge the content of the record as being inaccurate, misleading, or in violation of the student's rights of privacy. For purposes of this policy, a student may not challenge the judgment of a grade which has been assigned to his or her performance in a course but may challenge the accuracy of the recording of a grade.

After reviewing a record and deciding that some aspect of the record is incorrect, misleading, or otherwise in violation of the privacy rights of the individual, the student may challenge the contents of the record and attempt to resolve the problem through informal discussions with the custodian of the record. If no agreement is reached in this manner, the student should file a request in writing to the President for a formal hearing in order to challenge the contents of the record.

Hearing procedures will be established and conducted in a reasonable period of time with a decision rendered in writing by an impartial official of the institution.

III. The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. The University of Maine will disclose information from a student's education records only with the written consent of the student, except for disclosures to the following:

  • To school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic, research, support staff (including Public Safety, Career Center and Student Health Services staff), or coaching position; a person or company with whom the University has contracted (such as an attorney, auditor, National Student Clearinghouse or collection agent); a person serving on the Board of Trustees; a University volunteer working under the supervision of another school official; 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. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
  • To authorized federal or state officials in connection with an audit or evaluation of federal or state supported educational programs.
  • To state or local officials pursuant to state statute concerning the juvenile justice system.
  • Records released in connection with the student's application for, or receipt of, financial aid.
  • Organizations conducting studies on behalf of educational agencies in connection with predictive tests, student financial aid programs, or the improvement of instruction provided that the identity of students is not revealed to other than representatives of such organizations. Such information will be destroyed when no longer needed for the purpose for which the study was conducted.
  • Recognized accrediting organizations in order to carry out their accrediting functions.
  • Parents of a student who is dependent upon such parents for federal income tax purposes.
  • Records released on the basis of judicial order or lawfully issued subpoena and on condition that every effort is made to notify the student of the subpoena or order, except where a court or other issuing agency has ordered that there be no notification.
  • In an emergency, appropriate persons as determined by the custodian of the records, if the knowledge of information from the particular record is necessary to protect the health or safety of the student or other persons.
  • Disclosure to another educational institution where the student seeks or intends to enroll.
  • Disclosure of directory information.
  • Disclosure to the student.
  • Disclosure of the final results of a disciplinary hearing to a victim of an alleged crime of violence or non-forcible sex offense.
  • Disclosure of the final results of a disciplinary hearing involving an alleged crime of violence or non-forcible sex offense where a violation was committed.
  • Disclosure in a legal action between the institution and the student.

Records released to any individual or group shall be transmitted on condition that the individual or group is informed that they may not permit any other party to have access to such information without the written consent of the student. The recipient shall also be notified in writing that if compliance with this requirement is not acceptable, all records shall be returned, unused, to the institution. The prohibition on the re-release of records does not apply in the case of disclosures of directory information; disclosures pursuant to a subpoena, court order or litigation; disclosure to the parents of a dependent student; disclosures to the student; or disclosures of the final results of a disciplinary hearing involving an alleged crime of violence or non-forcible sex offense where a violation was committed.

Each office that maintains educational records shall maintain a record for each student with that student's education record. The record shall list all individuals, agencies or organizations which have requested or obtained access to and each disclosure of the student's education record (except institution officials, court or law enforcement officials, disclosures to the student, disclosures of directory information and disclosures that have been made with the consent of the student, described above).

IV. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University of Maine at Machias 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, S.W.
Washington, DC, 20202-4605

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