The Family Education Rights and Privacy Act (FERPA) of 1974

Bay Path University complies with the Family Education Rights and Privacy Act of 1974, which affords students certain rights with respect to their educational records. These rights include:

1. The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access. Students should submit official written requests that identify the record(s) they wish to inspect to the Registrar’s Office. The University official 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 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.

2. The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading. Students may ask the University to amend a record that they believe is inaccurate or misleading. They should write the University official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of their 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 disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the University 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 the University has contracted (such as an attorney, auditor, or collection agent); 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 school official in performing their tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibility. Another exception which permits disclosure without consent is to parents of a student termed “dependent” for income tax purposes.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Bay Path University 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
600 Independence Avenue, SW
Washington, DC 20202-4605

Definitions

The following definitions shall apply in the interpretation of these regulations:

An “Educational Record” is defined as any record maintained by Bay Path University, or by a person acting for Bay Path University, that is directly related to the student. Examples would include, but are not limited to:

• Course records (e.g. examinations, term papers, essays);
• Employment records based on student status;
• Official transcripts that include coursework taken and final grades received;
• Student disciplinary records;
• Tuition and payment records​

Educational records do not include the following:

• Records that are in the sole possession of the maker, and are not accessible or revealed to any other personal except a temporary substitute for the maker of the record (e.g. advising notes);
• Employment records that are maintained in the normal course of business relating exclusively to the individual in that person’s capacity as an employee;
• Records that contain information after they are no longer a student (e.g. alumni records);
• “Legitimate Educational Interest” exists if the information requested by the school official is necessary for them to perform a task specified by their position description or contract agreement.​

Bay Path University may disclose certain student information without violating FERPA regulations if it has been designated as “Directory Information”. Bay Path University defines directory information as:

• Student’s name
• Participation in officially recognized activities and sports
• Receipt or non-receipt of degree(s) and award(s)
• Major field(s) of study
• Dates of attendance​

Students may choose to limit the University’s release of their directory information to outside parties by completing a Directory Information Restriction Form, which can be found on the BPU Community Form Directory.

Bay Path University maintains student records in compliance with accreditation standards and with state and federal regulatory requirements.