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Office of Judicial Affairs & Student Advocacy
Article 8: Administrative Regulations
I. Violation of Law and University Discipline
A. University disciplinary proceedings may be instituted against a student charged with violation of a law which is also a violation of this Student Code, for example, if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.
B. When a student is charged by federal, state or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a judicial body under the Student Code, however, the University may advise off-campus authorities of the existence of the Student Code and of how such matters will be handled internally within the University community. The University will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students, faculty and staff members, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
II. Family Educational Rights and Privacy Act (FERPA)
A. The State University of New York at Buffalo complies fully with the Family Educational Rights and Privacy Act of 1974 in its treatment of student educational records. This Act was intended to protect the privacy of educational records, to establish the right of students to inspect and review their educational records, and to provide guidelines for the correction or deletion of inaccurate or misleading data through informal and formal hearings.
This institution's policy statement for the Family Educational Rights and Privacy Act of 1974 explains in detail the procedures to be followed by the institution for compliance with the provisions of the Act. A copy of the policy is available in the Office of the Vice President for Student Affairs, Room 542 Capen Hall, North Campus. For further information about FERPA, please see http://www.ed.gov/policy/gen/guid/fpco/index.html.
B. The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:
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 to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. 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 his or her 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 disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
In a classroom setting, with student permission, student name and email address may be made available to classmates.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Upon request, the University discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
The University of Buffalo does not supply directory information in support of commercial activities.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by State University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
C. Directory Information Unless otherwise notified in writing, the University has your permission to release the following directory information upon request: your name, current address, telephone number, e-mail address, major field of study, dates of attendance, and degree and awards received. The University will also publish your name, major field of study, and e-mail address on its Internet-accessible directory. If you want to reverse your directory information release decision, this can be done electronically at http://src.buffalo.edu/record/ferpa.shtml.
III. Freedom Of Information Law
The University complies fully with the New York State "Freedom of Information Law" (Article VI, Public Officers Law, as amended effective January 1, 1978), which was enacted to assure public accountability of state agencies while protecting individuals against unwarranted invasions of personal privacy. Records are made available through the campus Records Access Officer. Persons seeking access to records maintained by the University are advised to contact:
Records Access Officer
James L. Jarvis Jr.
Office of the Vice President for Human Resources
120 Crofts Hall
(716)645-5000
To appeal a campus denial of access, persons may contact:
Ms. Stacey B. Hengsterman
System Administration
State University of New York
State University Plaza
Albany, NY 12246
IV. Change of Address
Each student is required to keep the Student Response Center informed of his or her official permanent mailing address as well as their Buffalo area address. Failure to adhere to this requirement is a violation triable before the Student-Wide Judiciary. In addition, when charges are brought against any student, the judiciaries shall use the address listed in the Student Response Center for service of process. Service of process for disciplinary purposes shall be deemed complete when notice is mailed to a student at the address furnished to the Student Response Center. Changes of address can be made electronically at http://src.buffalo.edu/record/studentinfo.shtml.
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Office of Judicial Affairs & Student Advocacy
252 Capen Hall
University at Buffalo
Buffalo, NY 14260-1605
Tel: (716) 645-6154
Fax: (716) 645-3376
Director: Elizabeth Lidano
E-Mail:
General
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