FERPA, the Family Educational Rights and Privacy Act of 1974, is a Federal law that regulates disclosure of, and access to, educational records of students. This statute allows a university to notify parents/legal guardians of students under the age of 21 that the student has been found responsible for violation of the university’s policies regarding alcohol consumption and/or drug use. FERPA, however, does not require a university to make such disclosures to parents. Rockhurst University (the “University”) has long recognized its special relationship with the parents, legal guardians and families of its students. One of the most significant changes a parent/legal guardian experiences in sending their son, daughter or ward off to college is a higher privacy standard for educational records at the university level than at the secondary school level. The University also recognizes students’ interests and rights in privacy. As such, the University’s parental/legal guardian notification process is designed to promote the holistic development of students and to foster a safe educational environment where alcohol is consumed legally and responsibly and drug use or possession is not tolerated. The University believes that parents and legal guardians can assist the University in carrying out this aspect of its educational and developmental mission. The Rockhurst University parental/legal guardian notification policy is as follows.
Parental/Legal Guardian Notification of Alcohol Violations
First violation: Unless there are extenuating circumstances, the University will generally not notify parents/legal guardians of students under the age of 21 of first-time violations.
Subject to the terms of Section III of this policy, parents/legal guardians will be notified if any of the following happens as a first violation:
- The student demonstrates a reckless disregard for his or her personal safety or the safety of others while under the influence of alcohol;
- Medical attention is required for any person as a result of the student’s alcohol-related behavior, including the student;
- There is property damage;
- The student operates a motor vehicle under the influence of alcohol;
- The incident involves another act of serious misconduct committed by the student including, but not limited to, another student violation of law or school policy;
- The student is arrested or taken into custody by Campus Security or law enforcement officers while under the influence of alcohol or is charged with violating a federal, state, or local law related to the consumption, possession, sale, dispensation, use or distribution of alcoholic beverage;
- The student is arrested or taken into custody by Campus Security or law enforcement officers for activities the student engaged in while under the influence of alcohol;
- The student’s violation results in a temporary or permanent separation from the University (e.g. Suspension or expulsion).
Second and subsequent violations: The University will notify parents/legal guardians of all second and subsequent alcohol-related violations, subject to the limitations described in Section III of this policy. For purposes of determining what constitutes a second or subsequent violation, multiple and related violations during a single incident of alcohol consumption will be treated as one violation. Alcohol-related violations occurring prior to the implementation of this parental/legal guardian notification policy will not be considered.
Parental/Legal Guardian Notification of Drug Violations
The University will notify parents or legal guardians of students under the age of 21 who are found responsible for any drug violation, subject to the terms of Section III of this policy.
Guidelines and Principles for Parental/Legal Guardian Notification
As described above, the University will notify a student’s parent/legal guardian that the student has been found responsible for violating the Rockhurst Student Code of Conduct alcohol and/or drug policies. If, however, the University determines that notifying a student’s parent/legal guardian might be harmful to the student or not in the best interest of the student or University, it may decide not to notify the student’s parent/legal guardian. Prior to notification, the University will attempt to consult with the student and, consistent with promotion of personal accountability, encourage the student to advise his/her parent/legal guardian before the University sends its notification. In order to give the student an opportunity to notify his or her parent/legal guardian before the University notification, the University will notify the student’s parent/legal guardian only (i) after the student has been found responsible for violating the Rockhurst Student Code of Conduct alcohol and/or drug policies and (ii) time for appeal has expired (three (3) business days after the student is found responsible) or allowable appeal(s) has been exhausted.
The University will keep a record of the parental/legal guardian notification in the student’s discipline file and will mail or e-mail a copy of any notification documentation to the student at his or her address of record with the University.