| (1) | The university shall not permit access to
or the release of education records or personally identifiable
information contained therein, other than "directory information" (as
defined in subsection (5) of this section), without the
written consent of the student, to any party other than
the following: |
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| (a) | University staff and faculty, and students
when officially appointed to a faculty council or administrative
committee, when the information is required for a legitimate
educational interest in support of the university's mission
of education, research and public service and within the
performance of their responsibilities to the university.
The use of such information will be strictly limited to
the performance of those responsibilities. |
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| (b) | Authorized representatives of the comptroller general
of the United States, the Secretary of the U.S. Department
of Education, or state or local authorities requiring access
to education records, in connection with the audit or evaluation
of a federally or state-supported education program or
in connection with the enforcement of the federal or state
legal requirements which relate to such a program. |
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| (c) | Agencies or organizations requesting information in connection
with a student's application for, or receipt of, financial
aid if the information is necessary to determine: |
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| (i) | (A) | Eligibility for financial aid; |
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| (B) | The amount of financial aid; or |
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| (C) | The conditions for financial aid; |
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| (ii) | Or, enforce the terms and conditions of financial
aid. |
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| (d) | Organizations conducting studies for or on
behalf of the university or educational agencies or institutions
for purposes of developing, validating, or administering
student aid programs, or improving instruction or student
services, if such studies are conducted in such a manner
as will not permit the personal identification of students
or their parents by persons other than representatives
of such organizations, and such information will be destroyed
when no longer needed for the purposes for which it was
provided. |
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| (e) | Accrediting organizations in order to carry
out their accrediting functions. |
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| (f) | Any person or entity designated by judicial
order or lawfully issued subpoena, or as a consequence
of the university initiating legal action against a parent
or student, upon condition that the university makes a
reasonable effort to notify the student of all such orders
or subpoenas or of its intent to release records in advance
of compliance or release, unless directed otherwise by
the court issuing the subpoena. Any university individual(s)
or office(s) receiving a subpoena or judicial order for
education records should immediately notify the attorney
general's division. |
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| (g) | Alleged victims of a crime of violence or
a nonforcible sexual offense requesting the final results
of disciplinary proceedings conducted by the university
under its student conduct code against the alleged perpetrator
of such crime with respect to such crime. |
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| (h) | To others, the final results of a disciplinary
proceeding when, at its discretion the university believes
that disclosure will serve a legitimate educational interest,
and determines through a disciplinary proceeding conducted
under its student conduct code that the alleged student
perpetrator committed a crime of violence or a nonforcible
sexual offense that is a violation of the university's
rules or policies with respect to such crime or offense.
For purposes of this subsection, "final results" means
the name of the student perpetrator, the violation committed,
and any sanction imposed by the university on that student.
Names of other students involved in the violation, such
as a victim or witness, will be released only with the
written consent of that other student or students. |
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| (i) | For the purpose of (g) and (h) of this subsection,
a "crime of violence " means: |
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| (i) | An offense that has an element the use, attempted
use, or threatened use of physical force against the person
or property of another, or |
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| (ii) | An offense that is a felony and that, by
its nature, involves a substantial risk that physical force
against the person or property of another may be used in
the course of committing the offense. |
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| (j) | Victims alleging a sexual offense shall be
notified of the outcome of disciplinary proceedings through
the student conduct code (chapter 478-120 WAC). |
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| (k) | Officials of another institution of postsecondary
education where the student seeks to enroll; the university
shall provide the student a copy of the records released. |
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| (l) | Officials of another postsecondary institution
or educational agency in which the student is enrolled
or from which the student receives services when there
is a legitimate educational interest. |
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| (m) | State or local officials or authorities,
if a state statute adopted before November 19, 1974, specifically
requires disclosures to those officials and authorities.
The university may limit the number and type of officials
to whom disclosure will be made under this subsection. |
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| (n) | A parent of a minor student or a nonminor
dependent student, as defined in the Internal Revenue Code
and upon submission of a copy of the most recent Internal
Revenue Service annual tax return showing the student as
a dependent. |
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| (o) | When, at its discretion, it believes that
disclosure will serve a legitimate educational interest,
the university may release to a parent or legal guardian
of a student, information regarding that student's violation
of any federal, state, or local law, or of any rule or
policy of the university, governing the use or possession
of alcohol or a controlled substance if: |
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| (i) | The student is under the age of twenty-one,
and |
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| (ii) | The university determines that the student
has committed a disciplinary violation with respect to
such use or possession. |
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| (p) | Appropriate persons in connection with an
emergency if knowledge of the information is necessary
to protect the health or safety of the student or other
individual(s). |
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| (q) | Appropriate persons for whom information
about the student's university-sponsored student health
insurance status is necessary to protect the welfare of
the student (e.g., to pay premiums, provide medical treatment,
process claims). |
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| (r) | For deceased students, members of the family
or to other persons with the approval of the family or
representatives of the estate. The request for education
records must be accompanied by a copy of the death certificate
or obituary. Absent approval from the family or representative
of the estate, directory information only will be released
to persons upon request. |
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| (2) | Where the consent of the student is obtained
for the release of education records, it shall be in writing,
signed and dated by the student, or through the use of
computer technology if the identification of the requesting
student can be verified by the university, and shall include: |
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| (a) | A specification of the records to be released, |
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| (b) | The reasons for such release, and |
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| (c) | The names of the parties to whom such records
may be released. |
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| (3) | The university shall keep with the education
record released, a log which will indicate the parties
which have requested or obtained access to a student's
records maintained by the university, including the names
of additional parties to whom the receiving party was permitted
by the university to disclose the record, and which will
indicate the interest claimed by the requesting party.
The university need not maintain a log of releases made
to university officials who have been determined to have
a legitimate educational interest; releases to the student;
releases made pursuant to a student's written consent,
or releases of directory information only. The log of disclosure
may be inspected and reviewed by the student, the university
official responsible for the custody of the records, and
other authorized parties. |
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| (4) | Education records, other than directory information,
released to third parties, with or without student consent,
shall be accompanied by a written statement indicating
that the information cannot be subsequently released to
any other parties without obtaining consent of the student
and must be destroyed when no longer needed for the purposes
for which it was provided. Third parties and their agents
may use such information only for the purposes for which
it was released. |
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| (5) | The term "directory information" used in WAC 478-140-024 (1) is defined as a student's name, street address, e-mail address, telephone numbers, date of birth, major and minor field(s) of study, class, participation in officially recognized activities and sports, weight and height if the student is a member of an intercollegiate athletic team, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student. Students may restrict release of directory information, or remove a previous directory release restriction, by going to the registration office (225 Schmitz Hall) in person and presenting photo identification, or using STAR online. | |||
([Statutory Authority: RCW 28B.20.130. 99-12-110, § 478-140-024, filed 6/2/99, effective 7/3/99. Statutory Authority: RCW 28B.20.130 (1). 79-05-025 (Order 79-1), § 478-140-024, filed 4/18/79; Order 75-1, § 478-140-024, filed 3/5/75.]