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Student Right to Challenge the Content of their Education Record

Attachment B, University Policy 402 - Student Education Records (FERPA)

  1. If a student believes that the information contained in their education records is inaccurate or misleading, or that it violates their privacy rights, the student may request that the University amend the record. Such request shall be in writing addressed to the University Registrar, and shall specify the amendment sought.  
  2. The Registrar or a designee shall, within thirty (30) days after receiving the student's request, and after consulting with appropriate University officials, decide whether the record will be amended in accordance with the request, and inform the student. If the decision is to refuse to amend the record in accordance with the request, the Registrar shall simultaneously advise the student that they may request a hearing to challenge the content of the education record to ensure that the information thereon is not inaccurate, misleading or in violation of the privacy rights of the student.  
  3. If the Registrar receives a request for a hearing, they shall direct the request to the Chancellor. If, after reviewing the request, the Chancellor determines that the request is to amend an education record because information in it is inaccurate or misleading, or it violates the student's privacy rights, the Chancellor shall appoint a panel of three (3) University faculty or staff members to conduct a hearing. The Chancellor shall appoint only persons who have no direct interest in the outcome of the hearing. The Chancellor shall designate the chair of the panel and shall provide the panel such assistance as they deem appropriate.  
  4. The chair of the hearing panel established as in Paragraph C above shall notify the student and the Registrar of the date, time and place of the hearing at least five (5) days before the hearing.  
  5. The student shall be afforded a full and fair opportunity to present evidence relevant to the issue whether the information in the student's education record is inaccurate, misleading, or in violation of the student's privacy rights. The student may be assisted by individuals of their choice at the student's own expense, including an attorney.  
  6. The Registrar or persons appearing in their behalf shall be afforded a like opportunity.  
  7. The panel shall make its decision solely on the basis of the evidence presented at the hearing. The decision of the panel shall be in writing and shall include a summary of the evidence and the reasons for the decision.  
  8. If the decision of the panel is that the information in the student's record is inaccurate, misleading or in violation of the privacy rights of the student, the Registrar shall amend the record accordingly and so inform the student in writing.  
  9. If the panel decides that the information is not inaccurate, misleading, or in violation of the privacy rights of the student, it shall inform the student of the right to place in the education record a statement commenting on the records and setting forth the reasons for disagreeing with the agency or institution. Such statement shall thereafter be maintained as part of the education record and shall thereafter be disclosed to any party to whom the contested record is disclosed.  
  10. The decision of the hearing panel is final.  
  11. A student who believes that the outcome of a hearing to amend their education records was unfair or not in keeping with the provisions of FERPA may file a complaint with The Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-4605, concerning alleged failures of The University of North Carolina at Charlotte to comply with FERPA. A student may request, in writing, assistance from the Chancellor in filing such a complaint.