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What’s What Law Student Handbook

Education Records

The Education Records Policy of the Lewis & Clark Law School is intended to comply with the requirements of the Family Education Rights and Privacy Act (FERPA) and to be in accord with the Lewis & Clark College Policy.

Education Records 

http://www.lclark.edu/college/offices/registrar/ferpa/

The Family Education Rights and Privacy Act (Public Law 93-380), effective November 19, 1974 as amended by Public Law 93-568, Buckley Amendment, is intended to ensure students the right to inspect, review, and control access to student educational records maintained by an educational institution. The Education Records Policy of Lewis & Clark Law School is intended to comply with the requirements of the Family Education Rights and Privacy Act (FERPA) and to be in accord with the Lewis & Clark College policy.

Definitions: Student
  1. Refers to any person currently enrolled at Lewis & Clark Law School, or
  2. Refers to any person who has previously earned academic credit at Lewis & Clark Law School.
  3. Applicants for admission are not classified as students.
Educational Records

Refers to any record (in handwriting, print, tapes, film, computer, or other medium) maintained by the institution or an agent of the institution which is directly related to a student, except:

  1. A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.
  2. Records created and maintained by the institution’s law enforcement unit for law enforcement purposes. (However, if a copy of the Campus Safety Office record is given to the Registrar or other official of the institution for enforcement of a trespass order or other legitimate institution need, that copy becomes an educational record subject to FERPA.)
  3. An employment record of an individual, whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual’s employment.
  4. Records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional if the records are used only for treatment of a student and made available only to those persons providing the treatment.
  5. Alumni records which contain information about a student after he or she is no longer in attendance at the institution and which do not relate to the person as a student.
  6. Records maintained by Lewis & Clark Law School legal counsel.
Institution

This policy covers students of Lewis & Clark Law School.

Contents of Student Record

Directory Information

Lewis & Clark Law School has defined Directory Information as the information listed below. This information may be released for any purpose at the discretion of the School unless a student restricts disclosure in writing. Students have the right to prevent disclosure of Directory Information. Requests must be provided in writing, signed and dated, to the Office of the Registrar.

  • Name
  • Address
  • Telephone Number
  • Internet Address
  • Current Enrollment
  • Dates of Attendance
  • Degree(s) Conferred (and honors if applicable)
  • Photographs
  • Previous Institutions Attended

Confidential Information, including but not limited to the following:

  1. All information (except for Directory Information) contained in the application for admission or readmission. Letters of recommendation used to determine admission to Lewis & Clark Law School do not become part of the education record; those letters not marked confidential are returned to the student.
  2. All records of test scores and/or results.
  3. All transcripts of previous academic work.
  4. Transcript, including course grades, grade point average, and advancement information.
  5. All petitions requesting variance in established academic policy.
  6. Graduation petition and evaluation.
  7. Notices and/or reprimands for failure to meet academic policy and/or requirements of the Honor Code.
  8. Rank in class.
  9. All correspondence relevant to the academic records including letters of acceptance, receipts, academic performance, leave of absence, withdrawal, and the like.
  10. Records of all authorizations to access or release information contained in the student education record.
  11. Career Services Records.

Note: Five years after graduation each file is purged and only minimal information is retained.

Challenge of Contents

The student has a right to challenge the content of the education record. See the section on Correction of Education Records.

Access to Education Records

Student Access

A student has access to all education records, except for those listed below under Limitation on Right of Access, and has the right to personally view his or her education record within 45 days of making a written request.

Limitation on Right of Access

The institution will not permit a student to inspect the following records:

  1. The financial statement of the student’s parents.
  2. Letters and statements of recommendation for which the student has waived his or her right of access.
  3. Records connected with an application to attend the institution or a component unit of the institution if that application was denied.
  4. Those records which are excluded from the FERPA definition of education records.
Provision of Copies

The institution reserves the right to deny copies of records, including transcripts required to be made available by FERPA in any of the following situations:

  1. The student lives within commuting distance of the institution.
  2. The student has an unpaid financial obligation to the institution.
  3. There is an unresolved disciplinary action against the student.
  4. The education record requested is an exam or set of standardized test questions.
Fees for Copies of Records

A fee of $10 will be charged to make a copy of a student’s entire permanent record.

Third Party Access

Third party access to the educational record without the student’s written permission is limited to individuals designated as School Officials, those persons and/or agencies specifically authorized in FERPA as amended, or to any other person to whom disclosure may be required by law.

Authorization for Release of Education Record

Student Authorization

A student may authorize the release of his or her education record to a third party providing the request is made in writing, signed and dated.

Without Student Authorization

The institution will disclose information from a student’s education record only with the written consent of the student, except that records may be disclosed without consent when the disclosure is:

1. To school officials who have legitimate education interest in the records. A school official is any one of the following: A person employed by the institution in an administrative, supervisory, academic or research, or support staff position, including health or medical staff. A person elected to the Board of Trustees. A person employed by or under the contract to perform a special task; such as the attorney or auditor. A person employed by the law enforcement unit of the institution. A student serving on an official committee, such as a disciplinary or grievance committee, or who is assisting another school official in performing his or her tasks.

2. A school official has a legitimate educational interest if the official is acting on behalf of the student and is doing any of the following: Performing a task that is specified in his or her position description or contract agreement. Performing a task related to a student’s education.

Performing a task related to the discipline of a student. Providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid.

Maintaining the safety and security of the campus.

  1. To officials of another school, upon request, in which a student seeks or intends to enroll.
  2. To certain officials of the U.S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with audit or evaluation of certain state or federally supported education programs.
  3. In connection with a student’s request for or receipt of financial aid to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.
  4. To state and local officials or authorities if specifically required by a state law that was adopted before November 19, 1974.
  5. To organizations conducting certain studies for or on behalf of the institution.
  6. To accrediting organizations to carry out their functions.
  7. To parents of an eligible student who is claimed as a dependent for income tax purposes. The institution will evaluate individual circumstances before doing so and will require a copy of the first page of the parent’s federal income tax return to establish the student’s status as a dependent. If educational information is properly released to a custodial parent of whom the student is a dependent, a duplicate of the released information may also be released upon request to a natural, non-custodial parent of whom the student is not a dependent.
  8. To comply with a judicial order or a lawfully issued subpoena. An attempt to notify the student is required by law before the institution can honor such an order or subpoena.
  9. To appropriate parties in a health or safety emergency.
  10. To individuals requesting directory information so designated by the institution.
  11. The results of any disciplinary proceeding, conducted by the institution against an alleged perpetrator of a crime of violence to the alleged victim of that crime.
  12. To the student.

Procedure for Release of Education Records

Procedure to Inspect Education Records

Students may inspect and review their education records upon request to the appropriate records custodian. Law School records are available through the Registrar. For a full listing of all record custodians in the institution, check with the Registrar.

The records custodian or an appropriate institution staff person will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given in 45 days or less from the date of receipt of the request.

Students should submit to the records custodian or an appropriate institution staff person a written request which identifies as precisely as possible the record or records he or she wishes to inspect. Students may be asked to provide identification in order to ensure proper release of information.

When a record contains information about more than one student, the student may inspect and review only the records which relate to him or her.

Record of Requests for Disclosure of Education Records

The institution maintains a record of all requests for and/or disclosure of information from a student’s education records. The record indicates the name of the party making the request, any additional party to whom it may beredisclosed, and the legitimate interest the party had in requesting or obtaining the information. The record may be reviewed by the eligible student.

Every transcript of record released contains the admonition that the transcript is subject to the Family Education Rights and Privacy Act and it cannot be released to a third party without the written consent of the student.

Correction of Education Records

Students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. To do so the student must present the Associate Deans a written statement identifying that part of the record to be amended, specifying why he believes it is inaccurate, misleading or in violation of his or her privacy right.

A student is entitled to challenge the content of the education record. However, a grade cannot be challenged except on the basis of clerical or computation error.

Procedure to Request the Release of Education Records to Third Parties

Transcript of Record

The Family Education and Privacy Rights Act requires that students submit signed and dated requests for copies of their transcript of record.

  1. All requests for copies of the transcript of record are handled by the respective Offices of the Registrar and fees are set by the individual offices.
  2. Additional policies and procedures regarding the release of transcripts of record may be developed by the respective School.
Career Services Records

Career Services maintains student records pertinent to professional and educational placement. See Policies of Career Services.

Charges and procedures duplication of the transcript of record

The Family Education Rights and Privacy Act of 1974 requires that students submit signed requests for copies of their transcript of record.

  1. Only copies of the transcript of record mailed directly from the Office of the Registrar to third parties are “official.”
  2. Copies of the transcript of record delivered to the student will be designated as “issued to student.”
    1. All requests for copies of the transcript of record received by 5:00 p.m. Wednesday will be available by 2:00
    2. p.m. Friday and are free of charge.
  3. Students requesting special handling for copies of their transcript of record will be charged a $5.00 fee.
  4. Copies of undergraduate transcripts from the student’s file will be copied for a $10.00 fee for each set. Students should retain a copy for themselves to make copies to send out. Any copy made by the law school Registrar or the student is an “unofficial” copy.

Career Services Records

  1. Career Service Registration, General Consent and Information Form
  2. Fall Recruitment Program Acknowledgment, Registration and Consent Form
  3. Application Materials (includes, but is not limited to, resume, and information thereon, cover letter, transcript, writing sample, reference list, letters of recommendation and employer application forms, depending on what materials are requested by each employer)
  4. Employment and Salary Information (for employment during school and after graduation)

Career Services does not maintain application materials for individual students but does, at the student’s request, forward application materials to employers that interview on campus or request that Career Services collect application materials for forwarding at a later date. Students must sign a consent and release statement permitting Career Services to release their application materials to these employers.

In addition, students must submit 2 copies of their current resume to Career Services each year to register to participate in on-campus interviewing. The resumes are kept on file so that Career Services can submit a resume to an employer on the student’s behalf in the event the mail is delayed or lost, or the employer forgets to bring copies to campus. A separate resume is also submitted each month if the student wants to be considered for “ad-hoc” employment. Students have the option to indicate both on the Career Services Registration and General Consent and Information forms that they do not authorize Career Services to release their application materials.

The application materials that comprise a student’s Career Services Record will be issued to third parties in accordance with the Education Records Policy of Lewis & Clark Law School and the Family Education Rights and Privacy Act, provided that the student has signed a consent form which contains the following release statement:

I hereby authorize Career Services to release my resume or information thereon, cover letter, transcript of record, writing sample, reference list, letters of recommendation solicited by me, and any other application materials or forms requested by an employer to any prospective employer for the purpose of considering me for employment. I understand that this release includes, but is not limited to, forwarding of my application materials to employers requesting application materials pursuant to on-campus interviewing, the recruit by mail program and/or in response to job postings, and the release verbally or in writing of my name and all information contained in my resume (including grades and class standing) to employers who request information for individuals interested in a particular practice area or locale, individuals graduating or who graduated at a particular time, or individuals who are in a certain academic percentage of their class.The information contained in my resume and other application materials is accurate and truthful. I understand that the Career Services Office has no responsibility for or control over prospective employers who may distribute my resume or information thereon or other application materials without my consent to parties not within the scope of this release. Students are asked to inform Career Services of all accepted offers of employment (part-time, full-time, summer or permanent positions), regardless of how the lead was obtained. Career Services will periodically ask students and graduates to provide certain information, through questionnaires, about their job search and their school year or summer employment (including an evaluation of their employer).

Upon graduation, students are required to fill out a questionnaire regarding employment, for use in compiling statistics required by the ABA.

In addition, graduate employment information is reported to the National Association of Law Placement for compilation of national employment statistics and becomes part of NALP statistics. All information compiled in these reports is anonymous and all individual results are confidential, except that information about where a graduate is employed also becomes part of the permanent alumni(ae) record.

A list of all alumni(ae) and their places of employment is available to assist students in the job search.