3361:10-43-13. Records: corrections

(A) Students who believe that their education records contain information that is inaccurate or misleading, or is otherwise in violation of their privacy or other rights, may discuss their problems informally with the office of the registrar and/or with the designated records officer in the office where the records in question are maintained. This provision does not apply to disputes over the awarding of individual grades by faculty members. Concerns over grades given should be discussed with the course instructor, dean of the college, and/or the ombuds. If the decisions are in agreement with the student's requests, as initially stated or as modified following discussion, the appropriate records shall be amended. If not, the student shall be advised within a reasonable period that the records will not be amended; and the student will be informed by the office of the registrar of his/her right to a formal hearing.

(B) Student requests for a formal hearing shall be made in writing to the registrar. Within a reasonable period after the receipt of such a request, the concerned student shall be informed of the date, place, and time of the hearing. The student may present evidence relevant to the issues raised and may be assisted or represented at the hearings by one or more persons of his/her choice, including attorneys, at the student's expense. The hearing to adjudicate such a challenge may include the appropriate vice president, the vice president for student affairs and services, the vice president for research and university dean for advanced studies, and the appropriate college dean or their designees. One person with legal background also may serve as a member. A person who does not have a direct interest in the outcome of the hearing shall be appointed by the senior vice president for academic affairs and provost to preside at any hearing that may be convened.

(C) Decisions of the hearing shall be final; shall be based solely on the evidence presented at the hearing; shall consist of written statements summarizing the evidence and stating the reasons for the decisions; and be delivered to all parties concerned. The education records shall be corrected or amended in accordance with the decisions of the hearing, if the decisions are in favor of the student. If the decisions are unsatisfactory to the student, the student may place statements with the education records commenting on the information in the records, or statements setting forth any reasons for disagreeing with the decisions of the hearing. The statements shall be placed in the education records, be maintained as part of the student's records, and be released whenever the records in question are disclosed.

(D) Students who believe that the adjudications of their challenges were unfair for procedural reasons may appeal the procedural questions in writing to the appropriate senior vice president. Further, students who believe that their rights have been abridged may file complaints with the "Family Policy Compliance Office" (FPCO), Department of Education, Washington, D.C. 20201, concerning any alleged failures of the university of Cincinnati to comply with the "Family Educational Rights and Privacy Act" (FERPA) of 1974, as amended.

Replaces: 3361:10-43-13

Effective: 4/7/2008
Promulgated Under: 111.15
Statutory Authority: 3361
Rule Amplifies: 3361
Prior Effective Dates: 3/16/1978, 8/23/1991, 2/9/1998, 10/10/2002, 6/19/2006