Student disciplinary records are defined as educational records by the Family Educational Rights and Privacy Act (FERPA). As educational records, disciplinary records are not subject to release without written authorization by the student. However, under certain circumstances, FERPA and Ohio University's Students Records Policy (Policy 12.020) permit the University to release disciplinary records without written authorization by the student. These circumstances include without limitation, but are not limited to, the following:
1. A parent or guardian may request access to a student's disciplinary records if the parent or guardian claims the student as a dependent according to the IRS tax code;
2. Victims of an alleged perpetrator of a crime of violence or a non-forcible sex offense may access the final results* of the disciplinary proceeding conducted by the University with respect to that alleged crime or offense regardless of whether or not the University concludes that a violation was committed;
3. Anyone may access the final results of a disciplinary proceeding in which a student is an alleged perpetrator of a crime of violence or non-forcible sex offense and, with respect to the allegation made against him or her, that student is found to have committed a violation of the Student Code of Conduct.
4. Education records will be released in compliance with a judicial order, or pursuant to any lawfully issued subpoena, upon condition that the university makes a reasonable effort to notify the student of all such orders or subpoenas in advance of the compliance therewith by the university unless the court or issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed. In addition, if a student initiates legal action against the university, the university may, without a subpoena or court order, disclose to the court the student's education records that are relevant for the university to defend itself.
5. Records or information from records containing personally identifiable information may be made available, upon request, to officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the student, upon request, receives a copy of the records and be given an opportunity for a hearing to challenge the content of the record.
6. University officials demonstrating a legitimate educational interest may have access to student education records protected by FERPA. A university official is a person employed by the university in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the university has contracted to perform a service on behalf of the university; a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another university official in performing his or her tasks. A university official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility.
For more information, see http://www.ohio.edu/policy/12-020.html
It has been a long standing goal of Ohio University to address the societal problem of alcohol and other drug abuse through education and enforcement. Therefore, as permitted by FERPA and Ohio University's Student Records Policy, when a student, who is under the age of twenty-one and has less than 90 credit hours, is found responsible for a alcohol or other drug related offense, the Office of Community Standards and Student Responsibility will send written notice of the student's substantiated alcohol or other drug offense to parents/guardians.
In accordance with the Family Educational Rights and Privacy Act (FERPA) and Ohio University's Student Records Policy (Policy 12.020), which provides for the University to share student records with members of the faculty and staff having a legitimate educational interest, the Office of Community Standards and Student Responsibility will notify the academic college in which a student is enrolled when the student is found in violation of an offense of the student code of conduct. Informing academic colleges of students' progress as community members assists the colleges in their work with students.