Within 90 days of the date of the denial of his or her request by the record custodian, a student may request a hearing.
The registrar may serve as the hearing officer, or may appoint another individual to serve as hearing officer. The appointed hearing officer shall not have a direct interest in the outcome of the hearing. The hearing officer shall not review any matter regarding the appropriateness of official grades or other such academic determinations.
The hearing shall be conducted according to the following procedures:
The hearing officer shall give notice to all concerned parties of the date, place and time of a hearing reasonably in advance. The hearing should be scheduled within a reasonable period of time following receipt of the petition.
The hearing officer shall give the student an opportunity to present evidence relevant to the contested part of the education record. The student may have a representative present at the hearing, but that person cannot participate in the hearing.
The hearing officer may receive any evidence and testimony, orally or in writing, relevant to the student’s challenge to the record content. The hearing officer shall not be bound by the rules of evidence applicable in courts of law, but may permit the introduction and receipt of evidence he or she determines is relevant.
Within a reasonable period of time, the hearing officer shall issue a written decision based solely upon the evidence presented at the hearing. A copy of the decision, which must include a summary of the pertinent evidence, shall be provided to the student, to the record custodian, and to the registrar. The decision of the hearing officer shall be the university’s final decision.
If the registrar acting as hearing officer or an individual appointed by the registrar to act as hearing officer determines that the information is inaccurate, misleading or otherwise in violation of the student’s privacy rights, the registrar should require the record custodian to make necessary amendments. The record custodian shall inform the student in writing when the amendment has been made.
If the hearing officer determines that the information is not inaccurate, misleading or otherwise in violation of the student’s privacy rights, he or she shall inform the student in writing of the right to place a statement in the record commenting on the contested information in the record and/or stating why he or she disagrees with the decision. The university must maintain the statement with the contested part of the record for as long as the record is maintained, and must disclose the statement whenever it discloses the portion of the record to which the statement relates.