Privacy Policies

/Privacy Policies
Privacy Policies2018-02-06T09:52:58+00:00

Email (UH Account)

Important information from the University and your instructors may be sent to your UH Email Account (your UH username@hawaii.edu); therefore, you must check your UH email on a regular basis. Email sent to your UH Email Account is considered an official channel of communication by the University.

Learn how to get a UH username (UH System) if you do not already have one. For general information about your UH Email Account, visit Information Technology Services.

Notification to Students of Rights under Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:

  1. The right to inspect and review the student’s education records within 45 days after the day the University of Hawai‘i Maui College receives a request for access. A student should submit to the Registrar, Vice Chancellor of Student Affairs, Vice Chancellor of Academic Affairs, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The school official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
  2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

A student who wishes to ask the University of Hawai‘i Maui College to amend a record should write to the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.

If the University of Hawai‘i Maui College decides not to amend the record as requested, the University of Hawai‘i Maui College will notify the student in writing of the decision and the student’s right to a hearing re­garding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

  1. The right to provide written consent before the university discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without con­sent.

The University of Hawai‘i Maui College discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the University of Hawai‘i Maui College in an administrative, supervisory, academic, research, or support staff position (including law en­forcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance com­mittee. A school official also may include a volunteer or contractor outside of the University of Hawai‘i Maui College who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an educa­tion record in order to fulfill his or her professional responsibilities for the University of Hawai‘i Maui College.

Upon request, the University of Hawai‘i Maui College also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.

Parents and spouses of students are advised that information contained in education records, with the exception of directory information, will not be disclosed to them without the prior written consent of the student.

Students are advised that institutional policy and procedures required under FERPA have been published as Administrative Procedure AP 7.022, Procedures Relating to Protection of the Educational Rights and Privacy of Students.

  1. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University of Hawai‘i Maui College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

 

DIRECTORY INFORMATION

 Students are advised that at its discretion and in conformance with applicable state law, the University may disclose directory information to the public without obtaining a student’s prior consent, so long as certain conditions regarding general notification of disclosure of directory information has been followed. Specific directory information about an individual student will not be released to the public if the student has affirmatively informed the University that he or she does not want any or all of those types of information above himself or herself designated as directory information. The items listed have been predetermined by the UH System (Updated April 13, 2015).

  1. Name of student
  2. Major field of study
  3. Educational level (i.e., freshman, sophomore, etc.)
  4. Past and present participation in officially recognized activities (including positions held and official statistics related to such participation and performance)
  5. Past and present participation in officially recognized sports (including positions held and official statistics related to such participation and performance)
  6. Weight and height of members of athletic teams
  7. Dates of attendance
  8. Previous institution(s) attended
  9. Full or part-time status
  10. Degree(s) conferred (including dates)
  11. Honors and awards (including dean’s list)

At its discretion and in conformance with applicable state law, the University may disclose directory information to the public without obtaining a student’s prior consent, so long as certain conditions regarding general notification of disclosure of directory information have been followed. Specific directory information about an individual student will not be released to the public if the student has affirmatively informed the University that he or she does not want any or all of those types of information about himself or herself designated as directory information. The procedures for an individual student to “opt” out of disclosure is set forth in Administrative Procedure AP 7.022.

Lists of directory information will not be made publicly available to third parties.

The school may provide the UH Foundation with lists of students with the following information: name, school/college/division/department. Degree, major and minor fields of study, UH email address, home address, and telephone number for the purpose of University and alumni relations.

A student may submit in writing a Consent to Disclose Education Records to Third Party and submit it to the University of Hawai‘i Maui College Office of the Registrar. The consent will be placed in the students file and considered active until the student rescinds the request.

 

FERPA Annual Notice Addendum:

As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which your education records and personally identifiable information (PII) contained in such records — including your Social Security Number, grades, or other private information– may be accessed without your consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to your records and PII without your consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education” such as early childhood education and job training, as well as any program that is administered by an education agency or institution. Second, Federal and State Authorities may allow access to your education records and PII without your consent to researchers performing certain types of studies, in certain cases even when we object to or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive your PII, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without your consent PII from your education records, and they may track your participation in education and other programs by linking such PII to other personal information about you that they obtain from other Federal or State data sources, including workforce development,  unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.

See the list below of the disclosures that the University of Hawai‘i Maui College may make without consent.

FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, § 99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student —

  • To other school officials, including teachers, within [School] whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) – (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))
  • To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34. (§ 99.31(a)(2))
  • To authorized representatives of the U. S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, 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 that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§ 99.31(a)(3) and 99.35)
  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§ 99.31(a)(4))
  • To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§ 99.31(a)(6))
  • To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))
  • To parents of an eligible student if the student is a dependent for IRS tax purposes. (§ 99.31(a)(8))
  • To comply with a judicial order or lawfully issued subpoena. (§ 99.31(a)(9))
  • To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10))
  • Information the school has designated as “directory information” under § 99.37. (§ 99.31(a)(11))
  • To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§ 99.31(a)(13))
  • To the general public, the final results of a disciplinary proceeding, subject to the requirements of § 99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§ 99.31(a)(14))
  • To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

 

FERPA and Confidentiality of Student Records

What is FERPA?
The Family Educational Rights and Privacy Act of 1974, as amended (also known as the Buckley Amendment) affords students certain rights with respect to their education records. Specifically, it affords students the right to:

  1. Inspect and review their education records;
  2. Request the amendment of inaccurate or misleading records;
  3. Consent to disclosure of personally identifiable information contained in their education record; and
  4. File a complaint with the U.S. Department of Education concerning alleged failures of the institution to comply with this law.

Applicable University Policies
The University of Hawai‘i strives to fully comply with this law by protecting the privacy of student records and judiciously evaluating requests for release of information from these records. The University of Hawai‘i has established several policies directly related to the maintenance and acceptable use of various types of data. The applicable policies are:

EP 2.214: Security and Protection of Sensitive Information
EP 2.215: Institutional Data Governance
EP 2.216: Institutional Records Management and Electronic Approvals/Signatures
AP 7.022: Procedures Relating to Protection of the Educational Rights and Privacy of Students

Training Resources
Newly hired staff members must complete the UH General Confidentiality Notice (GCN) which describes their responsibilities when managing personally identifiable information that are sensitive and/or confidential in nature. The UH GCN is located at:

https://www.hawaii.edu/its/acer

University Officials who may have access to sensitive and/or confidential information should also complete the UH information Security Awareness Training located at:

http://www.hawaii.edu/infosec/training.html

 The Education Record
Those records directly related to a student and maintained by the institution or by a party acting for the institution.

Access to the Education Record
University Officials are granted access to a student’s education record only if the following conditions are met:

  • Legitimate Educational Interest
    The University Official must have a need to access student education records for the purpose of performing an appropriate educational, research or administrative function for the University.
  • Official Duties
    Information may only be used within the scope of their official duties as a University Official.

As a faculty or staff member with access to confidential student records, you have a legal responsibility to protect the confidentiality of student education records. Neither curiosity nor personal interest is a legitimate educational “need to know.”

How does FERPA apply to faculty, TAs, and staff?
The law requires faculty and staff to treat students’ education records in a legally specified manner.

  • Grades: Students’ scores or grades should not be displayed publicly. Even with names obscured, UH Numbers are considered personally identifiable information and must not be used. If scores or grades are posted, use some code known only to the faculty member and the individual student. Partial UH Numbers CANNOT be used unless the student has freely given his/her written permission. In no case should the list be posted in alphabetical sequence by student name. Grades or other academic information distributed for purposes of advisement should not be placed in plain view in open mailboxes located in public places.
  • Papers: Graded papers or tests should not be left unattended on a desk in plain view in a public area nor should students sort through them in order to retrieve their own work.
  • Addresses, email addresses and phone numbers: Students’ addresses, email addresses and phone numbers may not be shared with third parties and may only be used for legitimate educational purposes within the scope of your official duties. Student email address information is not to be shared with others, including students who may be receiving the same email message. Individual emails must contain only the recipient’s address.
  • Class lists/grade sheets: These and other reports should be handled in a confidential manner and the information contained on them should not be re-disclosed to third parties. Copies of class lists containing students’ UH Numbers should not be routed in the classroom for attendance taking or any other purpose.
  • Parents: Parents, spouses and other relations do not have a right to information contained in a student’s education record. The rights transfer to the student upon enrolling at a post-secondary institution (i.e., University of Hawai‘i Maui College), regardless of the student’s age.
  • Employers: Employers do not have a right to educational information pertaining to a student.
  • Access: Access to the student information system is not tantamount to authorization to view the data. Faculty members are deemed to be “school officials” and can access data in MyUH only if they have a legitimate educational interest. UH staff members may obtain access in Banner if they have a legitimate educational need to know.
  • Letters of recommendation: Do not include information about students’ grades or grade point averages in letters of recommendation without the written permission of the student. Please note that without a signed statement from the student waiving his/her right to view the letter of recommendation, the student may have rights to view the letter you have provided.
  • Students’ schedules: Do not provide anyone with a student’s schedule; do not assist anyone other than a university employee (purpose must be in their official capacity as a University Official) in finding a student on campus. Refer such inquiries to the Office of the Registrar (808) 984-3517.
  • Lists of students: Do not provide anyone with lists of students enrolled in your classes or programs for any purpose. Requests of this nature should be referred to the Registrar in the Admissions and Records Office.
  • When in doubt, please contact the University Registrar, UHMC Office of the Registrar (808) 984-3517.

Emergency Situations
In the case of an emergency requiring contact information, inquiries may be directed to the Office of the Vice Chancellor for Student Affairs (808) 984-3512 or the UH Maui College Admissions and Records Office (808) 984-3267.