Chapter 180: Records Management

180.010 Archival Program

kuscheld — Wed, 26 May 2010 21:35:35 +0000

180.010 Archival Program kuscheld Wed, 05/26/2010 - 21:35

Bd. Min. 2-13-70, p. 34,882; Amended 3-1-74, p. 36,962; Bd. Min. 3-20-81; Revised 12-6-91; Revised 9-2-94; Bd. Min. 7-13-00.

Archival Program
1. Each campus shall have a Campus Archivist appointed by its Chancellor. The Campus Archivist for the Columbia campus shall also serve as Archivist for the ŷ��ڱ��Ƶ's Central Administration. The Campus Archivists as a group shall jointly establish a coordinated archival philosophy for the collection of ŷ��ڱ��Ƶ records, documents and materials having a perpetual administrative or historical value.
2. All records (regardless of media) having perpetual administrative or historical value are to be transferred to Campus Archives for retention as specified by Records Retention Authorizations. The Campus Archivist shall have sole authority to determine which records, documents and materials not meeting those standards.
3. Campus Archives shall be the only appropriate depository for all present and future official campus records and documents appraised as having perpetual administrative or historical value.
4. Campus Archivist shall encourage all retired and former faculty and staff, and faculty to donate their personal papers and materials to the Campus Archives.
Records Management Program
1. As a continuing management function, the President of the ŷ��ڱ��Ƶ, through the Vice President for Finance and Administration's Records Management Department, shall establish records management policy and provide other records management related services as necessary to optimize the ŷ��ڱ��Ƶ's record keeping functions in an efficient and cost-effective manner.
2. Retention requirements for all ŷ��ڱ��Ƶ records and documents (regardless of media) will be collectively determined by the Campus Archivists, the UM Director of Records Management, Internal Auditing Representative and General Counsel. No other committee, person or board shall specify records retention requirements. The retention requirements shall be binding on all ŷ��ڱ��Ƶ academic and administrative departments and staff. No ŷ��ڱ��Ƶ records shall be destroyed or disposed of by any ŷ��ڱ��Ƶ officers or employees on their own initiatives.
3. All records shall be retained and disposed of according to ŷ��ڱ��Ƶ Records Retention Authorizations to ensure that their purpose has been accomplished or for such time as may be required by contract, Federal or State laws and regulations.

180.020 Student Records

kuscheld — Wed, 26 May 2010 21:41:00 +0000

180.020 Student Records kuscheld Wed, 05/26/2010 - 21:41

180.020 Student Records

Bd. Min. 6-10-59, p. 15,059; Bd. Min. 2-28-25; Amended 3-18-77; Bd. Min. 5-24-01; Amended 7-24-09; Amended 12-7-12; Amended 2-9-17.

Purpose—The purpose of this regulation is to set forth the guidelines governing the protection of the privacy of student records and to implement The Family Educational Rights and Privacy Act of 1974 (Buckley Amendment; Pub. L. 93-380, as amended). These regulations apply to all students who are or have attended the ŷ��ڱ��Ƶ of Missouri.
Definitions
1. “Act” means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as Section 444 of the General Education Provisions Act.
2. “Attendance” at the ŷ��ڱ��Ƶ includes, but is not limited to:
  1. The term means the period of time during which a student attends the ŷ��ڱ��Ƶ. Examples of dates of attendance includes an academic year, a spring semester, a fall semester, a summer semester or a summer session.
  2. The term does not include specific daily records of a student’s attendance at the ŷ��ڱ��Ƶ.
3. “Directory Information/Public Information” includes a student’s name, address, e-mail address, telephone listing, major field of study, participation in officially recognized activities and sports, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, student level, and full- or part-time status.
4. “Disclosure” means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.
5. “Education Records”
  1. The term means those records that are:
    
    (1) Directly related to a student; and
    (2) Maintained by the ŷ��ڱ��Ƶ or by a party acting for the ŷ��ڱ��Ƶ.
  2. The term does not include:
    
    (1) Records that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;
    (2) Records of a law enforcement unit of the ŷ��ڱ��Ƶ, but only if education records maintained by the ŷ��ڱ��Ƶ are not disclosed to the unit, and the law enforcement records are:
    
    (a) Maintained separately from education records;
    (b) Maintained solely for law enforcement purposes; and
    (c) Disclosed only to law enforcement officials of the same jurisdiction;
    
    (3) (a) Records relating to an individual who is employed by the ŷ��ڱ��Ƶ, that:
    
    (i) Are made and maintained in the normal course of business;
    (ii)Relate exclusively to the individual in that individual’s capacity as an employee; and
    (iii)Are not available for use for any other purpose.
    
    (b) Records relating to an individual in attendance at the ŷ��ڱ��Ƶ who is employed as a result of the individual’s status as a student are education records and not excepted under Section 180.020.B.5.b(3) of this definition.
    
    (4) Records on a student who is attending the ŷ��ڱ��Ƶ, that are:
    
    (a) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in a professional capacity or assisting in a paraprofessional capacity;
    (b) Made, maintained, or used only in connection with treatment of the student; and
    (c) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the ŷ��ڱ��Ƶ; and
    
    (5) Records that only contain information about an individual after he or she is no longer a student at the ŷ��ڱ��Ƶ.
6. “Parent” means a natural parent, an adoptive parent, or the legal guardian of the student.
7. “Party” means an individual, agency, institution, or organization.
8. “Personally identifiable information” includes:
  1. The student’s name;
  2. The name of the student’s parent or other family member;
  3. The address of the student or student’s family;
  4. A personal identifier, such as the student’s social security number or student number;
  5. A list of personal characteristics that would make the student’s identity easily traceable; or
  6. Other information that would make the student’s identity easily traceable.
9. “Record” means information or data recorded in any medium, including, but not limited to handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.
10. “Student” means any person who is or has been in attendance at the ŷ��ڱ��Ƶ where the ŷ��ڱ��Ƶ maintains education records or personally identifiable information on such person.
Notification of Access Rights by the ŷ��ڱ��Ƶ
1. The ŷ��ڱ��Ƶ shall annually notify students currently in attendance of their rights under the Act.
2. Notice must be included in each campus’s information manual, or other publication, and must inform students that they have the right to:
  1. Inspect and review the student’s education records;
  2. Seek amendment of the student’s education records that the student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
  3. Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that the Act and Section 180.020.M authorize disclosure without consent; and
  4. File with the Department of Education’s Family Policy Compliance Office a complaint under Sections 99.63 and 99.64 of the Act concerning alleged failures by the ŷ��ڱ��Ƶ to comply with the requirements of the Act.
3. The notice must include all of the following:
  1. The procedure for exercising the right to inspect and review education records;
  2. The procedure for requesting amendment of records under Section 180.020.I; and
  3. A specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest, as listed in Section 180.020.M.1.a.
4. The ŷ��ڱ��Ƶ may provide this notice by any means that are reasonably likely to inform the students of their rights. The ŷ��ڱ��Ƶ shall effectively notify students who are disabled.
Records of the ŷ��ڱ��Ƶ’s Law Enforcement Unit
1. “Law enforcement unit” means any individual, office, department, division, or other component of the ŷ��ڱ��Ƶ, such as the ŷ��ڱ��Ƶ of Missouri Police Department or noncommissioned security guards, that is officially authorized or designed by the ŷ��ڱ��Ƶ to:
  1. Enforce any local, state, or federal law, or refer to appropriate authorities a matter for enforcement of any local, state, or federal law against any individual or organization other than the ŷ��ڱ��Ƶ itself; or
  2. Maintain the physical security and safety of the ŷ��ڱ��Ƶ.
2. A component of the ŷ��ڱ��Ƶ does not lose its status as a “law enforcement unit” if it also performs other, non-law enforcement functions for the ŷ��ڱ��Ƶ, including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student.
3. “Records of law enforcement unit” means those records, files, documents, and other materials that are:
  1. Created by a law enforcement unit;
  2. Created for a law enforcement purpose; and
  3. Maintained by the law enforcement unit.
4. “Records of law enforcement unit” does not mean:
  1. Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the ŷ��ڱ��Ƶ other than the law enforcement unit; or
  2. Records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as disciplinary action or proceeding conducted by the ŷ��ڱ��Ƶ.
5. The ŷ��ڱ��Ƶ may contact its law enforcement unit, orally or in writing, for the purpose of asking that unit to investigate a possible violation of, or to enforce, any local, state or federal law.
6. Education records, and personally identifiable information contained in education records, do not lose their status as education records and remain subject to the Act, as well as the disclosure provisions of Section 180.020.L, while in possession of the law enforcement unit.
Rights of Inspection and Review of Education Records
1. The ŷ��ڱ��Ƶ shall provide students access to their educational records except as provided in Section 180.020.G.
2. The ŷ��ڱ��Ƶ shall comply with a request within a reasonable period of time, but in no case more than 45 days after the request has been received.
3. The ŷ��ڱ��Ƶ shall respond to reasonable requests for explanations and interpretations of those records.
4. If circumstances effectively prevent the student from exercising the right to inspect and review the student’s education records, the ŷ��ڱ��Ƶ shall:
  1. Provide the student with a copy of the records requested; or
  2. Make other arrangements for the student to inspect and review the requested records.
5. The ŷ��ڱ��Ƶ shall not destroy any education records if there is an outstanding request to inspect and review the records under this section.
Fees for Copies of Educational Records
1. Unless the imposition of a fee effectively prevents a student from exercising the right to inspect and review the student’s education records, the ŷ��ڱ��Ƶ may impose a reasonable fee for reproduction costs. This fee will not exceed the actual cost of production.
2. The ŷ��ڱ��Ƶ shall not charge a fee to search for or to retrieve the education records of a student.
Limitation on Access
1. If the education records of a student contain information on more than one student, the student may inspect and review or be informed of only the specific information about that student.
2. The ŷ��ڱ��Ƶ will not permit a student to inspect and review education records that are:
  1. Financial records, including any information those records contain, of the student’s parents;
  2. Confidential letters and confidential statements of recommendation placed in the education records of the student before January 1, 1975, as long as the statements are used only for the purposes for which they were specifically intended; and
  3. Confidential letters and confidential statements of recommendation placed in the student’s education records after January 1, 1975, if:
    
    (1) The student has waived the right to inspect and review those letters and statements; and
    (2) Those letters and statements are related to the student’s:
    
    (a) Admission to the ŷ��ڱ��Ƶ;
    (b) Application for employment;
    (c) Receipt of an honor or honorary recognition.
Waivers
1. A waiver under Section 180.020.G.2.c. is valid only if:
  1. The ŷ��ڱ��Ƶ does not require the waiver as a condition for admission to or receipt of a service or benefit from the ŷ��ڱ��Ƶ; and
  2. The waiver is made in writing and signed by the student, regardless of age.
2. If a student has waived the rights under Section 180.020.G.2.c., the ŷ��ڱ��Ƶ shall:
  1. Give the student, on request, the names of the individuals who provided the letters and statements of recommendation; and
  2. Use the letters and statements of recommendation only for the purpose for which they were intended.
3. A Waiver under Section 180.020.G.2.c. may be revoked with respect to any actions occurring after the revocation. A revocation must be in writing.
Amendment of Education Records
1. If a student believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student’s rights of privacy, he or she may ask the ŷ��ڱ��Ƶ to amend the record by contacting the ŷ��ڱ��Ƶ Registrar.
2. The ŷ��ڱ��Ƶ shall decide whether to amend the record as requested within a reasonable time after the request is received.
3. If the ŷ��ڱ��Ƶ decides not to amend the record as requested, the ŷ��ڱ��Ƶ Registrar shall inform the student of its decision and of the right to a hearing under Section 180.020.J.
Rights to a Hearing
1. The ŷ��ڱ��Ƶ shall give a student, on request, an opportunity for a hearing to challenge the content of the student’s education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy rights of the student.
2. If, as a result of the hearing, the ŷ��ڱ��Ƶ decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall:
  1. Amend the record accordingly; and
  2. Inform the student of the amendment in writing.
3. If, as a result of the hearing, the ŷ��ڱ��Ƶ decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the ŷ��ڱ��Ƶ, or both.
4. If the ŷ��ڱ��Ƶ places a statement in the education records of a student, it shall:
  1. Maintain the statement with the contested part of the record for as long as the record is maintained; and
  2. Disclose the statement whenever it discloses the portion of the record to which the statement relates.
Conduct of a Hearing—Upon the request of the ŷ��ڱ��Ƶ official charged with custody of the records of the student, the hearing required by Section 180.020.J. shall be conducted.
1. The request for a hearing shall be submitted in writing to the campus Chancellor, who will appoint a hearing officer or a hearing committee to conduct the hearing.
2. The hearing shall be conducted and decided within a reasonable period of time following the request for the hearing. The ŷ��ڱ��Ƶ shall give the student notice of the date, time, and place, reasonably in advance of the hearing.
3. The hearing shall be conducted and the decision rendered by an appointed hearing official or officials who shall not have a direct interest in the outcome of the hearing.
4. The student shall be afforded a full and fair opportunity to present evidence relevant to the hearing, and may be assisted or represented by individuals of the student’s choice at the student’s own expense, including an attorney.
5. The decision of the ŷ��ڱ��Ƶ shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.
6. The decision shall be rendered in writing within a reasonable period of time after the conclusion of the hearing.
7. Either party may appeal the decision of the hearing official or officials to the campus Chancellor.
Conditions Under Which Prior Consent is Required
1. The student shall provide a signed and dated written consent before the ŷ��ڱ��Ƶ discloses personally identifiable information from the student’s education records, except as provided in Section 180.020.M.
2. The written consent must:
  1. Specify the records that may be disclosed;
  2. State the purpose of the disclosure; and
  3. Identify the party or class of parties to whom the disclosure may be made.
3. If a student so requests, the ŷ��ڱ��Ƶ shall provide him or her with a copy of the records disclosed.
Conditions Under Which Prior Consent is Not Required
1. The ŷ��ڱ��Ƶ may disclose personally identifiable information from an education record of a student without the consent required by Section 180.020.L. if the disclosure meets one or more of the following conditions:
  1. The disclosure is to other ŷ��ڱ��Ƶ officials, including instructors, within the ŷ��ڱ��Ƶ who have been determined by the ŷ��ڱ��Ƶ to have legitimate educational interests.
  2. The disclosure is to officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the student is notified of the transfer, receives a copy of the record if requested, and has an opportunity for a hearing to challenge the content of the record.
  3. The disclosure is, subject to the requirements of Section 180.020.P., to authorized representatives of:
    
    (1) The Comptroller General of the United States;
    (2) The Attorney General of the United States;
    (3) The Secretary; or
    (4) State and local educational authorities.
  4. The disclosure is in connection with financial aid—defined as a payment of funds provided to an individual (or a payment in kind of tangible or intangible property to the individual) that is conditioned on the individual’s attendance at the ŷ��ڱ��Ƶ—for which the student has applied or which the student has received, if the information is necessary for such purposes as to:
    
    (1) Determine eligibility for the aid;
    (2) Determine the amount of the aid;
    (3) Determine the conditions for the aid; or
    (4) Enforce the terms and conditions of the aid.
  5. The disclosure is to state and local officials or authorities to which such information is specifically required to be reported or disclosed pursuant to a state statute adopted prior to November 19, 1974.
  6. The disclosure is to an organization(s) conducting studies for, or on behalf of, educational agencies or institutions to develop, validate, or administer predictive tests, administer student aid programs or improve instruction. Such studies are to be conducted in such a manner as will not permit the personal identification of students or their parents by persons other than representatives of the organization, and this information will be destroyed when no longer needed for the purpose for which the study is conducted.
  7. The disclosure is to accrediting organizations to carry out their accrediting functions.
  8. The disclosure is to parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1986, as amended.
  9. The disclosure is to comply with a lawfully issued subpoena.
    
    (1) The ŷ��ڱ��Ƶ may disclose this information only if it makes a reasonable effort to notify the student of the order or subpoena in advance of compliance, so that the student may seek protective action, unless the disclosure is in compliance with:
    
    (a) A Federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or
    (b) Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.
    
    (2) If the ŷ��ڱ��Ƶ initiates legal action against a parent or student, the ŷ��ڱ��Ƶ may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the ŷ��ڱ��Ƶ to process with the legal action as plaintiff.
    (3) If a parent or eligible student initiates legal action against the ŷ��ڱ��Ƶ, the ŷ��ڱ��Ƶ may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the ŷ��ڱ��Ƶ to defend itself.
  10. The disclosure is in connection with a health or safety emergency, under the conditions described in Section 180.020.Q.
  11. The disclosure is information the ŷ��ڱ��Ƶ has designated as “directory information,” under the conditions described in Section 180.020.R.
  12. The disclosure is to the student.
  13. The disclosure, subject to the requirements in Section 180.020.S., is to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding conducted by the ŷ��ڱ��Ƶ with respect to that alleged crime or offense. The ŷ��ڱ��Ƶ may disclose the final results of the disciplinary proceeding, regardless of whether the ŷ��ڱ��Ƶ concluded a violation was committed.
  14. (1) The disclosure, subject to the requirements in Section 180.020.S., is in connection with a disciplinary proceeding at the ŷ��ڱ��Ƶ providing that the ŷ��ڱ��Ƶ determines that:
    
    (a) The student is an alleged perpetrator of a crime of violence or non-forcible sex offense; and
    (b) With respect to the allegation made against him or her, the student has committed the violation of the ŷ��ڱ��Ƶ’s rules or policies.
    
    (2) The ŷ��ڱ��Ƶ may not disclose the name of any other student, including a victim or witness, without the prior written consent of the other student.
    (3) This section applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998.
  15. The disclosure is to a parent of a student under the age of twenty-one at the time of disclosure, and is limited to a determination that the student violated ŷ��ڱ��Ƶ regulations pertaining to the use or possession of alcohol or a controlled substance, as provided by and under the restrictions contained in Section 180.025.
Record Keeping
1. The ŷ��ڱ��Ƶ shall maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student, for as long as the records are maintained.
2. For each request or disclosure the record must include:
  1. The parties who have requested or received personally identifiable information from the education records; and
  2. The legitimate interests the parties had in requesting or obtaining the information.
3. If the ŷ��ڱ��Ƶ discloses personally identifiable information from an education record with the understanding authorized under Section 180.020.O.2., the record of the disclosure required under this section must include:
  1. The names of the additional parties to which the receiving party may disclose the information on behalf of the ŷ��ڱ��Ƶ; and
  2. The legitimate interests under Section 180.020.M. which each of the additional parties has in requesting or obtaining the information.
4. The following parties may inspect the record relating to each student:
  1. The student;
  2. The school official or the school official’s assistants who are responsible for the custody of the records; and
  3. Those parties authorized in Section 180.020.M.1.a. and M.1.c. for the purposes of auditing the recordkeeping procedures of the ŷ��ڱ��Ƶ.
5. Paragraph 1 of this section does not apply if the request was from, or the disclosure was to:
  1. The student;
  2. A ŷ��ڱ��Ƶ official under Section 180.020.M.1.a.;
  3. A party with written consent from the student;
  4. A party seeking directory information; or
  5. A party seeking or receiving the records as directed by a Federal grand jury or other law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.
Limitations to the Redisclosure of Information
1. The ŷ��ڱ��Ƶ may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the student. The officers, employees, and agents of a party that receives information may use the information, but only for the purposes for which the disclosure was made.
2. This does not prevent the ŷ��ڱ��Ƶ from disclosing personally identifiable information with the understanding that the party receiving the information may make further disclosures of the information on behalf of the ŷ��ڱ��Ƶ if:
  1. The disclosures meet the requirements of Section 180.020.M.; and
  2. The ŷ��ڱ��Ƶ has complied with the requirements of Section 180.020.N.3.
3. Section 180.020.O.1. does not apply to disclosures made pursuant to court orders, lawfully issued subpoenas, litigation under Section 180.020.M.1.i., to disclosures of directory information under Section 180.020.M.1.k., to disclosures made to a parent or student under Section 180.020.M.1.j., to disclosures made in connection with a disciplinary proceeding under Section 180.020.M.1.n., or to disclosures made to parents under Section 180.025.
4. Except for disclosures under Section 180.020.M.1.k., l., m., and n., the ŷ��ڱ��Ƶ shall inform a party to whom disclosure is made of the requirements of this section.
5. If the ŷ��ڱ��Ƶ determines that a third party improperly rediscloses personally identifiable information from education records in violation of Section 180.020.O.1., the ŷ��ڱ��Ƶ may not allow that third party access to personally identifiable information from education records for at least five years.
Disclosure of Information for Federal or State Program Purposes
1. The officials listed in Section 180.020.M.1.c. may have access to education records in connection with an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal legal requirements which relate to those programs.
2. This information must:
  1. Be protected in a manner that does not permit personal identification of individuals by anyone except the officials referred to in Section 180.020.M.1.c.; and
  2. Be destroyed when no longer needed for the purposes listed in Section 180.020.M.1.c.
3. Section 180.020.P.2. does not apply if:
  1. The student has given written consent for the disclosure under Section 180.020.L.; or
  2. The collection of personally identifiable information is specifically authorized by federal law.
Release of information for Health or Safety Emergencies—The ŷ��ڱ��Ƶ may release information from an education record to appropriate persons in connection with an emergency, during that emergency, if the knowledge of such information is necessary to protect the health or safety of a student or other persons. The factors which will be taken into account in determining whether the records may be released under this section include the following:
1. The seriousness of the threat to the health or safety of the student or other persons;
2. The need for such records to meet the emergency;
3. Whether the persons to whom such records are released are in a position to deal with the emergency; and
4. The extent to which time is of the essence in dealing with the emergency.
Conditions for Disclosure of Directory Information
1. The ŷ��ڱ��Ƶ may disclose directly information if it has given public notice to students in attendance at the ŷ��ڱ��Ƶ of:
  1. The types of personally identifiable information that the ŷ��ڱ��Ƶ has designated as directory information;
  2. A student’s right to refuse to let the ŷ��ڱ��Ƶ designate any or all of those types of information about the student as directory information; and
  3. The period of time within which a student has to notify the ŷ��ڱ��Ƶ in writing that he or she does not want any or all of those types of information about the student designated as directory information.
2. The ŷ��ڱ��Ƶ may disclose directory information about former students without meeting the conditions of this section. However, if a parent or eligible student, within the specified time period during the student’s last opportunity as a student in attendance, requested that directory information not be disclosed, the ŷ��ڱ��Ƶ must honor that request until otherwise notified or unless such disclosure is required by law.
Definitions Applying to the Nonconsensual Disclosure of Records in Connection with Disciplinary Proceedings Concerning Crimes of Violence or Non-Forcible Sex Offenses—as used in this part:
1. “Alleged perpetrator of a crime of violence” is a student who is alleged to have committed acts that would, if proven, constitute any of the following offenses or attempts to commit the following offenses that are defined in Title 18, “Crimes and Criminal Procedure,” of the United States Code:
  1. Arson;
  2. Assault offenses;
  3. Burglary;
  4. Criminal homicide—manslaughter by negligence;
  5. Criminal homicide—murder and non-negligent manslaughter;
  6. Destruction/damage/vandalism of property;
  7. Kidnapping/abduction;
  8. Robbery; or
  9. Forcible sex offenses.
2. “Alleged perpetrator of non-forcible sex offense” means a student who is alleged to have committed acts that, if proven, would constitute statutory rape or incest. These offenses are defined in Title 18, “Crimes and Criminal Procedure,” of the United States Code.
3. “Final results” means a decision or determination, made by an honor court or council, committee, commission, or other entity authorized to resolve disciplinary matters within the ŷ��ڱ��Ƶ. The disclosure of final results must include only the name of the student, the violation committed, and any sanction imposed by the ŷ��ڱ��Ƶ against the student.
4. “Sanction imposed” means a description of the disciplinary action taken by the ŷ��ڱ��Ƶ, the date of its imposition, and its duration.
5. “Violation committed” means the ŷ��ڱ��Ƶ rules or code sections that were violated and any essential finding supporting the ŷ��ڱ��Ƶ’s conclusion that the violation was committed.

180.025 Parental Notification of Alcohol and Controlled Substances Violations

kuscheld — Wed, 26 May 2010 22:08:05 +0000

180.025 Parental Notification of Alcohol and Controlled Substances Violations kuscheld Wed, 05/26/2010 - 22:08

Bd. Min. 3-22-01; Bd. Min. 7-19-01.

Purpose
1. The purpose of this regulation is to set forth the guidelines for parental notification of alcohol and controlled substance violations of students under the age twenty-one as permitted by the Warner Amendment to the Higher Education Act of 1998, to the extent that such notification is permitted by federal and Missouri law.
2. The ŷ��ڱ��Ƶ supports the theory that students, parent(s) or legal guardian(s), and the ŷ��ڱ��Ƶ are partners with responsibilities for the promotion of a healthy and positive educational experience for students. ŷ��ڱ��Ƶ disciplinary policies and procedures are designed to promote an environment conducive to student learning and growth while protecting the ŷ��ڱ��Ƶ community.
Pre-Notification
1. It is the belief of the ŷ��ڱ��Ƶ that students benefit from discussions with their parent(s) or legal guardian(s) about the effects of alcohol or use of controlled substances including the effect of the use of alcohol or controlled substances on their educational experience.
2. Prior to the fall semester, materials concerning the consequences of high risk drinking and the use of controlled substances will be sent to parent(s) or legal guardian(s), and they will be encouraged to discuss the information with their son or daughter. This information will be sent to parent(s) or legal guardian(s), as indicated by students in their data file, of degree seeking students and students admitted to the ŷ��ڱ��Ƶ for which we have necessary information, including provisionally admitted students, under the age of 21.
3. This information will also contain a description of the parental notification policy and the conditions of notification. Parent(s) or legal guardian(s) will be given the opportunity to decline participation in the parental notification program. This information will be sent to parent(s) or legal guardian(s) only once and it is the responsibility of the parent(s) or legal guardian(s) to contact the ŷ��ڱ��Ƶ regarding any change of intent or changes in address or telephone number.
Notification
1. The ŷ��ڱ��Ƶ may notify only parent(s) or legal guardian(s) who have not declined to participate in the parental notification program under the following conditions:
  (a) if the student is under 21 years of age at the time of disclosure; and
  (b) when the student has been determined under the Rules of Procedures in Student Conduct Matters, §200.020 of the Collected Rules and Regulations of the ŷ��ڱ��Ƶ of Missouri to have violated the student conduct code concerning alcohol or controlled substances on campus including operating a vehicle on ŷ��ڱ��Ƶ property, or on streets or roadways adjacent to and abutting a campus, under the influence of alcohol or a controlled substance as prohibited by law of the state of Missouri as stated in §200.010 B.8; and
  (c) the violation is an initial severe, second or a subsequent violation of the student conduct code concerning alcohol or controlled substances. An initial severe offense is one that, in the opinion and discretion of the individual designated under paragraph 3 below, endangers self, or others, or that may result in the potential loss of campus housing privileges, or have an impact on student status.
  (d) the ŷ��ڱ��Ƶ reserves the right not to notify parent(s) or legal guardian(s) even though the above conditions are satisfied, upon the written recommendation of a health care provider who determines that such notification would not be in the best interest of the student and would be detrimental to the student's health, safety or welfare. Married students and students who demonstrate that they are financially independent of their parent(s) or legal guardian(s), are exempt from notification conditions above.
2. The student, in order to have the first opportunity to notify the student's parent(s) or legal guardian(s), will be granted a period of 48 hours after the determination to notify parent(s) or legal guardian(s) concerning the violation prior to the ŷ��ڱ��Ƶ issuing a notification to the parent(s) or legal guardian(s).
3. While the ŷ��ڱ��Ƶ may notify parent(s) or legal guardian(s) that a violation has occurred, it will not discuss the violation with parent(s) or legal guardian(s) without the student's written consent.
4. The Chancellor of each campus will designate an individual on the Chancellor's campus who is responsible for the notification of parent(s) or legal guardian(s) under the conditions described above. This individual will notify parent(s) or legal guardian(s) in writing after the determination concerning the violation has been made. The letter will include a statement indicating that the violation has occurred and that unless the student signs a release, any further information must be disclosed by the student. The letter will be sent by certified mail.
5. Nothing in this rule precludes the ŷ��ڱ��Ƶ from notifying parent(s) or legal guardian(s) under the emergency provisions outlined in Section 180.020.
Effective Date -- This policy on parental notification will begin August 6, 2001.

180.030 Security of Classified Materials

kuscheld — Wed, 26 May 2010 22:09:45 +0000

180.030 Security of Classified Materials kuscheld Wed, 05/26/2010 - 22:09

Bd. Min. 7-8-55, p. 7,847; Bd. Min. 11-9-62, p. 21,440; Bd. Min. 1-17-64, p. 24,258; Bd. Min. 2-19-71, p. 35,464; Amended Bd. Min. 11-21-80;Amended Bd. Min. 1-30-97; 1-21-98; Rescinded 6-27-24.

180.040 Student Preferred Name Policy

kuscheld — Wed, 26 May 2010 22:10:00 +0000

180.040 Student Preferred Name Policy kuscheld Wed, 05/26/2010 - 22:10

Bd. Min. 2-9-17.

It is the policy of the ŷ��ڱ��Ƶ of Missouri that a student may choose to identify themselves within the university community with a preferred first and/or middle name that differs from their legal name.

As long as the use of the preferred first and/or middle name is not for an inappropriate purpose (explained in greater detail below), it will appear instead of the person’s legal name in university-related systems and documents where it is technically feasible, except where the use of the legal name is required by university business or legal need.

Preferred Name. A student’s preferred first and/or middle name will be used in lieu of a student’s legal name when it is unnecessary for the legal name to be used and it is technically feasible. Students are expected to facilitate the use of preferred name by updating the Campus Student Information ŷ��ڱ��Ƶ.
The ŷ��ڱ��Ƶ of Missouri reserves the right to deny or remove any preferred name for misuse, including but not limited to misrepresentation, attempting to avoid legal obligation, or the use of derogatory names, with or without notice.

Instances in which preferred name will be used include, but are not limited to:
1. Class rosters;
2. Residence hall rosters;
3. ŷ��ڱ��Ƶ identification cards;
4. Transcripts (there is an option to select either preferred or legal name at the time of ordering);
5. Diplomas (if requested in the Campus Student Information ŷ��ڱ��Ƶ); and
6. Wherever it is not necessary for the legal name to be used.
Legal Name. Students are asked to provide their legal names prior to enrollment. After enrollment, students may process official legal name changes or corrections. A change of legal name requires an official document or court order verifying the correct information at the time the request is made.
Instances in which legal name will be used include, but are not limited to:
1. Reporting to state or federal agencies;
2. Transcripts (there is an option to select either preferred or legal name at the time of ordering);
3. Diplomas (unless the student has requested a preferred name in the Campus Student Information ŷ��ڱ��Ƶ);
4. Payroll documents;
5. Financial aid documents and processes;
6. Enrollment and degree verification processes;
7. Other records where the student’s legal name is required by law or ŷ��ڱ��Ƶ policy;
8. Official lists of students made available to the public; and
9. Communications with the “Family of _______”.
FERPA. Under the Family Rights and Privacy Act, a student’s name, including preferred name, may be disclosed to the public as “directory information” unless the student opts not to permit such disclosure. To revoke the disclosure of directory information, a student has the option of requesting privacy through the Campus Student Information ŷ��ڱ��Ƶ.

180.060 Personnel Files

kuscheld — Wed, 26 May 2010 22:11:00 +0000

180.060 Personnel Files kuscheld Wed, 05/26/2010 - 22:11

Bd. Min. 9-7-79, 11-13-81; Bd. Min. 7-13-00; Amended 2-9-17; Amended 7-28-20; Amended 4-22-21.

Inspection -- Any employee may inspect the employee's own personnel records and can request that these records be made available to the employee’s union representative.
Advance Notice -- Such request to inspect records or make them available shall be made in writing with advanced reasonable notice.
Personnel File Management -- The personnel file is the file maintained by the Human Resource Office and may include items not available to employees such as letters of recommendations and legal documents which must be considered confidential and available only to supervisory personnel who must necessarily have access in order to make appropriate decisions.
Warnings, Reprimands or Actions -- If an employee's record has been free of written warnings, reprimands or disciplinary actions related to attendance or tardiness for a period of two (2) years of continuous employment the ŷ��ڱ��Ƶ will not base any current disciplinary actions related to attendance or tardiness on the earlier warnings, reprimands or disciplinary actions. If, however, additional warnings, reprimands or suspensions related to attendance or tardiness have been given during the past two (2) years, then the employee's entire record will be considered in determining appropriate disciplinary action. For all other warnings, reprimands or disciplinary actions, such as warnings, reprimands or disciplinary actions related to discrimination and sexual harassment, no such time limitation applies.