Definitions

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For the purposes of this policy, Fresno Pacific University uses the following definitions of terms.

Student

Any person who attends or has attended Fresno Pacific University. A person becomes a student on the first day of attending a class, either physically or electronically. Persons who originate as students in the Center for Professional Development/Continuing Education become students on the day of registration. Rights extend until the student's death.

Education Records

Any record (in handwriting, print, tape, film, microfilm, microfiche, or other medium) maintained by Fresno

Pacific University or an agent of the university that directly relates to a student, except:

  1. Records of instructional, supervisory, administrative, and certain educational personnel which are in the sole possession of the maker and are not accessible or revealed to any other individual except a substitute. Statements made by a person making a recommendation that are made from that person’s personal observation or knowledge do not require a written release from the student who is the subject of the recommendation. However, if non-directory information is included in a letter of recommendation (grades, GPA, etc.) or if the student has submitted a non-disclosure of directory information form, the writer is required to obtain a signed release from the student which
    1. specifies the records that may be disclosed,
    2. states the purpose of the disclosure, and
    3. identifies the party or class of parties to whom the disclosure can be made.
  2. Records relating to individuals who are employed by the institution which are made and maintained in the normal course of business, relate exclusively to individuals in their capacity as employees, and are not available for use for any other purpose. (Records of individuals in attendance at an institution who employed as a result of their status as students are education records, e.g., work-study, graduate assistants.)
  3. Records created and maintained by the Fresno Pacific University Campus Safety department that are for law enforcement purposes only.
  4. Records maintained by the Health Services department and the Counseling Office if the records are used only for treatment of a student and made available only to those persons providing the treatment.
  5. Records that only contain information about an individual after he or she is no longer a student Fresno
  6. Pacific University (e.g., information gathered on the accomplishments of alumni).
  7. Peer-graded assignments that have not been collected by a teacher.

Law Enforcement Unit Records

Those records that are:

  1. Created by Campus Safety,
  2. Created for a law enforcement purpose, and
  3. Maintained by Campus Safety.

They do not include:

  1. Records created by Campus Safety for a law enforcement purpose other than for the Campus Safety department;
  2. Records created and maintained by Campus Safety exclusively for non-law enforcement purposes such as a disciplinary action or proceeding conducted by Fresno Pacific University.

Personally Identifiable Information

Any data or information that makes the student’s identity easily traceable or would allow a reasonable person in the community to identify the student with reasonable certainty. Examples include, but are not limited to:

  1. the name of the student, the student’s parent, or other family members;
  2. the student’s address;
  3. a personal identifier such as a social security number or student identification number;
  4. a list of personal characteristics,
  5. date and place of birth,
  6. mother’s maiden name.

School Officials

In general, school officials are persons representing Fresno Pacific University who act in the student’s educational interest within the limitations of their need to know (legitimate educational interest).

Specifically, a school official is a person employed by the University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel, health staff and student staff); any third party vendor with whom the University has contracted (e.g., National Student Clearinghouse, an attorney, auditor, collection agent, Incarcerated Youth Offenders Representatives from the California State Prison Authorities 1); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official may also be a contractor, a consultant, a volunteer, or other outside party to whom FPU has outsourced institutional services that it would otherwise use employees to perform. The outside party will be under the direct control of FPU and will follow the same rules as the university. Some of the outside parties FPU currently uses as third-party vendors with access to students’ records includes, but is not limited to: National Student Clearing House, Moonami, eLumen, Ellucian, CampusCruiser, Salesforce, Touchnet, Blackboard, Keypath, and ACS Athletics.

Legitimate Educational Interest

The demonstrated "need to know" by those officials of Fresno Pacific University who act in the student's educational interest. “Legitimate educational interest” shall mean any authorized interest or activity undertaken in the name of the University for which access to an education record is necessary or appropriate to the proper performance of the undertaking. It shall include access by students, instructors, department heads, division heads, deans, the chief academician, research staff, student affairs administrators, the president, trustees, the custodian of the University records, alumni administrators, legal counsel, financial aid administrators, administrators charged with maintaining education records, the staff and subordinates of the foregoing, and others authorized by the Provost or President, to the extent the foregoing persons are acting within the course and scope of their employment and authority.

A school official has a legitimate educational interest if the official is:

  1. Performing a task that is specified in his or her position description or by a contractual agreement.
  2. Performing a task related to a student's education.
  3. Performing a task related to the discipline of a student.
  4. Providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid.

1 For purposes of monitoring and supervising the work of the CA State prisoners that are obtaining Life-skills credit through Fresno Pacific University