FERPA Definitions

Defined as a person who is or has been in attendance at the University of Illinois Chicago, in a course of study either on campus or off campus, and for whom the university maintains education records or personally identifiable information.

1. “Attendance” includes, but is not limited to, attendance in person or remotely. It includes the period during which a person is working under a work-study program.
2. “Denied Applicants” are persons who applied for admission but were not admitted, are not considered students and have no rights under this policy. A person who is denied admission to a particular college or program of study is not entitled to have access to materials related to the denied application, even if the individual is already enrolled or subsequently enrolls in another program of study at the university.

Are those records, files, documents, and other materials that contain information directly related to the Student and are maintained by the university or by a person acting for the university. This includes any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio recordings, film, microfilm, microfiche or electrically. Under FERPA, each student has the right to inspect their education record.

Exclusions:

1. Sole possession records (personal memory aids that are not accessible or revealed to others except to a temporary substitute for the maker of the record).
2. Employment records, made and maintained in the normal course of business, that relate exclusively to an individual in his/her capacity as an employee and are not available for use for any other purpose, so long as they are maintained separately from any Education Record. Employment records relating to individuals in attendance at UIC who are employed as a result of their status as a Student are considered Education Records.
3. Records made or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional that are used in connection with treatment of the Student and are disclosed only to individuals providing the treatment, provided, however, that these records can be reviewed by a physician or other appropriate professional of the Student’s choice. For the purpose of this policy “treatment” does not include remedial educational activities or activities that are part of the University’s program of instruction.
4. Alumni records that are created or received by the university after an individual is no longer a student in attendance and are not directly related to the individual’s attendance or academic progress as a student.
5. Grades on peer graded assignments until they are collected and recorded by an Instructor.
6. Records created and maintained by the UIC Police or other law enforcement unit for law enforcement purposes.

Any person employed by the university in an administrative, supervisory, academic, research, student employee, or support staff position (including persons employed by the university law enforcement unit and health staff);

1. A person serving on an official committee, including but not limited to a scholarship, disciplinary or grievance committee, or otherwise assisting a university official in performing their tasks;
2. A person serving on the Board of Trustees;
3. A person or company with whom the university has contracted to provide a service (such as an attorney, auditor, or collection agent).

1. performing a task that is specified in the official’s position description or contract agreement;
2. performing a task related to a student’s education (e.g., providing academic or personal advice and counsel, creating and/or maintaining educational records, supervising and/or certifying student educational progress for university or government purposes);
3. performing a task related to the disciplining of a student;
4. providing a service or benefit relating to the student (e.g., health care, counseling, job placement, housing, financial aid); or
5. maintaining the safety and security of the campus.

Includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian of a Student. All rights that are afforded to a Parent herein, will be afforded to either Parent, unless the University has been provided with a court order, state statute or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights.

1. The name of a student, the student’s parent(s), the student’s spouse or other family member;
2. The address of the student or the student’s family;
3. A personal identifier such as the student’s social security number or University Identification Number (UIN);
4. A list of personal characteristics which would make the student’s identity easily traceable; or
5. Other information that would make the student’s identity easily traceable.

• Name
• University Identification Number (UIN).
• University e-mail; and permanent city, state, and postal ZIP code.
• Class/Level (Graduate, Undergraduate, Professional, Nondegree/Freshman, Sophomore, Junior, Senior).
• College and major field of study/Concentration/Minor.
• Day and month of birth.
• Participation in officially recognized activities and sports.
• Weight and height if the student is an athletic team member.
• Dates of admission/attendance.
• Attendance site (campus, location).
• Expected graduation date.
• Degrees conferred, with dates.
• Current term hours enrolled and enrollment status (full-time, part-time, not enrolled, withdrawn and date of withdrawal).
• Awards, honors and achievements (including distinguished academic performance), with dates.
• Eligibility for membership in honoraries.
• For Students appointed as fellows, assistants, graduate, or undergraduate hourly employees, the title, appointing department, appointment date, duties and percent time of appointment.
• Video and photographic images of students taken by the University during public events with the exception of the official UIC identification photograph.

1. By students: A student’s education record shall be made accessible to the student requesting access to their record within a reasonable time, but in no case more than forty-five (45) days after the request for access has been made.
2. By Parents (including legal guardians): Access to a student’s education record will generally be granted to a parent only with the student’s prior written consent, except in the following circumstances:
   1. Dependent student. Parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1954, may be given the same access to that student’s education records as is available to the student without the student’s written consent if the parent documents to the satisfaction of the record’s custodian that the parent claimed the student as an exemption on the filing of the last federal income tax statement.
   2. Incidents involving alcohol or a controlled substance. The university may disclose information from a student’s education record to parents regarding the violation of any federal, state, or local law, or any rule or policy of the institution, governing the use of alcohol or a controlled substance if: (A) The student is under the age of twenty-one, and (B) The student is found to have committed a violation of the Student Code relating to alcohol or controlled substances, and (C) the Dean of Students determines it to be in the best interest of the student and the university.
   3. Health and safety emergency. The university may disclose information from a student’s education record to parents in connection with an emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals.
3. By Others
   1. Information from a student’s education record may be disclosed to others:
   2. with the prior written consent of the student, specifying the records to be disclosed, the purpose of the disclosure, and to whom the disclosure is made, with a copy of the information disclosed provided to the student if requested;
   3. in compliance with judicial order or lawfully issued subpoena, provided the university makes a reasonable effort to notify the student of the order or subpoena in advance of compliance, unless the order or subpoena directs otherwise; or
   4. by the Dean of Students to appropriate parties, including parents, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.
   5. Otherwise, personally identifiable education records of students may be disclosed without the student’s written consent only to the following persons, subject to certain conditions as specified in FERPA:
      1. to other university officials, including faculty who have legitimate educational interests;
      2. to officials of other schools or school systems in which the student seeks or intends to enroll or where the student has already enrolled so long as the disclosure is for the purposes related to the student’s enrollment or transfer, upon condition that the student is notified of the disclosure, receives a copy of the record if desired, and has an opportunity for a hearing to challenge the content of the record;
      3. to those representatives of the federal government and state agencies who are identified in FERPA;
      4. in connection with the student’s application for, or receipt of, financial aid;
      5. to state and local officials or authorities to which such information is specifically required to be reported or disclosed concerning the juvenile justice system;
      6. to organizations (including the federal, state and local governments and independent organization) conducting studies for, or on behalf of the university under a written agreement for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer required for the purpose for which it is conducted;
      7. to accrediting organizations in order to carry out their accrediting functions;
      8. to the victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, the final results of a disciplinary proceeding under the conditions set forth in FERPA;
      9. to the apparent record originator in order to verify authenticity of a record.,
      10. In the interests of public safety, the name, code violations, and sanction of a student found (after all appeals through the disciplinary system) to be in violation of those provisions applying to violent offenses and nonforcible sex offenses may be released to the public. This release of information is permitted under FERPA Section  951.

[1] Proof of that dependency status shall be required.

[1] According to IRS Publication 501, a Student would be considered a “dependent” for purposes of claiming an exemption if he/she meets the following 5 criteria: (1) He/she either (a) lived with the taxpayer for the entire year as a member of the household, or (b) is related to the taxpayer in one of the ways listed in the regulations (e.g., child, grandchild, stepchild, etc.); (2) He/she is a U.S. citizen or resident, or a resident of Canada or Mexico, for some part of the calendar year in which the relevant tax year begins (there is an exception for certain adopted children); (3) He/she did not file a joint return with the taxpayer; (4) He/she had a gross income below that of the amount set by the IRS for the relevant calendar year (e.g. $3,100 for 2004) OR he/she is the child of the taxpayer and is either (a) under age 19 at the end of the year, or (b) a Student under age 24 at the end of the year.); and (5) The taxpayer provides more than half of the Student’s total support during the calendar (there are special rules that apply in the following two situations: (a) two or more persons provide support, but no one person provides more than half of a person’s total support; or (b) the person supported is the child of divorced or separated parents. ) See IRS Publication 501 for further information.

Effective 2/2/1994; Updated 11/2/2001; Revised and updated 1/17/2006; Updated 8/28/2009; Updated 1/4/2013; Updated 11/18/2016