The University of California Policies Applying to Campus Activities, Organizations and Students (PACAOS) should be followed and read in conjunction with this document and can be found at https://ucop.edu/student-affairs/policies/student-life-policies/pacaos.html. The following information below serves as the campus implementing regulations for PACAOS Section 130.00 Policies Applying to the Disclosure of Information From Student Records.
The following information is directory information: a student’s name, e-mail addresses, telephone numbers, photograph, date and place of birth, major field of study, dates of attendance, number of course units in which enrolled, degrees and honors received, the most recent/previous educational institution attended, and participation in officially recognized activities.
UCSF campus officials are deemed to have legitimate educational interest when information from a student's record is relevant and necessary for the official to: perform a task or determination that is an employment responsibility or a properly assigned subject matter for the official; perform a task that is related specifically to the official's participation in the student's education; perform a task that is related specifically to the discipline of the student; or provide a service or benefit relating to the student or student’s family, such as health care, counseling, job placement or financial aid.
Correction of Student Records
The department head in charge of the disputed record shall respond in writing within ten (10) working days of receipt of the request to amend the record. The department head's response shall include the reasons for the decision. If the decision is to modify or delete the challenged material, the records shall be amended immediately and the response shall indicate the date the records were amended. If the decision is not to modify or delete the challenged material, the response shall inform the student of his or her right to request a hearing and shall specify the Dean or Vice Chancellor to whom the request for a hearing should be directed. The written request for a hearing shall be addressed to the Dean of the School or the Graduate Division in cases involving academic offices or to the appropriate Vice Chancellor in cases involving non-academic offices. The response shall also refer the student to the Student Life for additional information about procedures.
Correction of Student Records Request for Hearing
In the event that a request for correction of records (see PACAOS Section 131.10) is denied, the student may file a written request for a hearing within fifteen (15) working days of the date of receipt of the department head's written refusal to amend or delete the disputed records. The written request for a hearing shall be addressed to the Dean of the School or the Graduate Division in cases involving academic offices or to the appropriate Vice Chancellor in cases involving non-academic offices. Such a request must include an explanation of the specific nature of the student's claim that the records are inaccurate, misleading, or otherwise in violation of the student's right of privacy or other rights, and the remedy requested. The student shall also indicate whether he/she is to be assisted by a representative, the name of the representative, and whether that representative or the student has legal training. Students assisted by a representative must sign a release at this time authorizing the representative to receive copies of relevant materials.
Hearing Arrangements
The appropriate Dean or Vice Chancellor shall appoint an impartial hearing officer who will conduct a hearing at a mutually agreeable time within twenty (20) business days of the filing of a request for a correction of student records hearing. The head of the affected University department and the student shall be given, either personally, by registered or certified mail, or electronic mail, at least ten (10) business days written notice of the date, time, place, and format of the hearing.
Exchange of Evidence
Upon request, each party shall describe relevant material including the identities of all witnesses which he/she intends to introduce at the hearing. To the extent feasible, this exchange of information should be completed at least five (5) working days prior to the hearing.
Scope of Hearing
The authority of the hearing officer shall be limited to a review of the evidence presented in the hearing and to the reporting of findings of fact based thereon to the Dean or Vice Chancellor. The scope of the hearing is limited to determining whether or not the challenged records are inaccurate, misleading or otherwise in violation of the student's right of privacy or other rights.
Representatives at Hearing
The student and an official representing the affected University department shall have the right to be present throughout the hearing, and to be represented by another. If the student has legal training or is represented by a person with legal training, the University shall be represented by University counsel.
Presentation of Evidence
The student and the University shall have the right to present evidence and witnesses and to cross-examine each other's witnesses. The hearing officer may determine the admissibility of evidence and its order of presentation. Admissible evidence shall be of the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs, and is not restricted to evidence admissible under the strict rules of evidence of a court of law. Witnesses may be excluded by the hearing officer except during their testimony at the request of either party. The hearing will be private unless both parties agree to an open hearing.
Record
The hearing shall be audio recorded, or at the option of the student or the University, a stenographer may be provided. The party requesting the stenographer is responsible for payment of the stenographer's services. If the non-requesting party would like a copy of the stenographer's transcript, s/he shall be responsible for the cost of that copy. If the hearing is tape recorded, the student shall have access to a copy of the tape recording and may copy the tape at the student's own expense. All records pertaining to the hearing shall be kept by the University for a period of seven (7) years.
Findings
The hearing officer shall make a report to both the Dean and Vice Chancellor within ten (10) business days of the close of the hearing. Such a report shall contain findings of fact as to whether the challenged records are inaccurate, misleading, or otherwise in violation of the student's right of privacy or other rights, and recommendations for an appropriate remedy. The findings shall be based on a preponderance of evidence. The report shall be transmitted to both parties and their representatives.
The Dean or Vice Chancellor shall issue a written decision within ten (10) business days of the receipt of the report from the hearing officer.
Delays and Extensions
Reasonable extensions of time, with respect to any time limit in these procedures, may be granted by the hearing officer or the Dean or Vice Chancellor for good cause.
Appeals
Within ten (10) business days of receipt of the decision of the Dean or Vice Chancellor, the student may file an appeal with the Chancellor. The Chancellor shall respond within ten (10) business days of the appeal. The Chancellor's decision shall be final.
