Boston University Academic PoliciesCode of Student ResponsibilitiesSexual Harassment Policy Family Educational Rights and Privacy Act (FERPA) Equal Opportunity/Affirmative Action Policy Conditions of Use and Policy on Computing Ethics Information Security Policy Information Security Management Guidelines Code of Student ResponsibilitiesApproved by the Board of Trustees of Boston University May 12, 1983. As amended through September 30, 2003. The code is administered by the Office of the Dean of Students, Boston University. Copies may be obtained from that office, 775 Commonwealth Avenue, Boston, Massachusetts 02215 or may be accessed at Office of the Dean of Students. I. IntroductionBoston University seeks to provide all members of the University community with an environment conducive to learning. Membership in this community entails rights and responsibilities for each of its members. By enrolling in or attending a course or program of study at the University, all persons are deemed to have agreed to respect the rights of the University and its members, to abide by the provisions of this code and the rules and regulations of the University, and to be subject to any sanctions which may be imposed for their violation. The Code of Student Responsibilities presupposes that there will be civility and respect for others within the University. Because academic life requires standards of behavior of a higher order than those of the wider society of which Boston University is a part, the University’s standards substantially exceed the minimum expectations of civil law and custom. The general laws of society confer rights and impose obligations on all citizens. When they enter the University, students retain their rights under the laws of society, but student status confers no immunity or sanctuary from federal, state, or municipal laws. Nothing in this code is intended to infringe upon or limit the jurisdiction of courts and law enforcement authorities over the Boston University community. By the same measure, nothing in this code is intended to restrict the rights of the University to the modest limits of public law. The University reserves and will exercise the right to insist upon the highest standards of personal conduct from all members of the University community. Boston University is an independent, autonomous institution; admission to the University, continued enrollment, graduation, and use of its facilities are privileges, not rights. The Code of Student Responsibilities is established to provide a system for dealing fairly and responsibly with students whose actions fail to meet the standards of the University or infringe upon the rights of others. The Code of Student Responsibilities establishes procedures to deal with violations of University standards. Behavior that violates the rights of others or the standards of academic life is not a private matter. Such violations threaten the ability of the University to exist as an authentic university. While this code establishes University-wide standards of conduct, it does not supersede the codes, rules, and regulations of the schools and colleges and other units of the University, nor does it supersede the procedures established by the schools and colleges of the University for resolving violations of conduct or academic behavior relating to the schools or colleges. Disciplinary action against any student may entail serious consequences. It may result in the student’s temporary or permanent separation from the University and thus may jeopardize his or her future career. In recognition of the support and concern provided by most parents and in light of the importance of such support to a student who faces serious disciplinary action, it is the policy of Boston University that a student’s parents be notified of serious disciplinary action involving their son or daughter, subject to the Family Educational Rights and Privacy Act of 1974. The University reserves the right to amend this code or the rules and regulations of the University and its schools, colleges, and programs at any time. II. Rights and ResponsibilitiesThe legitimate expectation of all students is that the University will provide an environment in which they may study, learn, work, and live without unwarranted interference from others. The basic responsibilities of the student include:
The failure to fulfill any of these responsibilities is a basis for disciplinary action under this code or the academic regulations of the schools and colleges of the University. The Trustees of Boston University require that all employees of the University report and assist in the investigation of violations of the normative standards, rules, and regulations of the University. Specific conduct expected of students at Boston University is set forth in the rules and regulations of the University, its schools, colleges, programs, and residences. The official publications, bulletins, and notices of the University, its schools, colleges, and programs, as well as other publications (such as the student handbook, residence handbooks and notices, the student residence license agreement, etc.) contain additional specific regulations. Because of the size of the University and the diversity of its programs, no one document sets forth all of the rules and regulations governing student conduct. Some of the major regulations of the University are set forth as an Appendix to this code. In instances of disciplinary hearings based on charges brought by the Dean of Students, the student will have the following rights:
III. Disciplinary ActionA. Academic ConductThe value of any grade, credit, honor, or degree received by a student presupposes that all work submitted by a student is his or her own. A student who uses or relies upon work of others or who, except under conditions expressly permitted by the instructor, furnishes assistance to another student violates the standards of the University. Students must insist upon academic honesty and integrity from their fellow students and must report promptly any case of alleged violation of academic conduct. Failure to do so is a violation of this code. The resolution of matters involving academic conduct and standards is determined by the appropriate school, college, or program of the University through the procedures established by the dean and faculty. All such cases are subject to review and final determination—including determination of the sanction—by the Provost or his or her designated representative.
Any act authorized by this code to be performed by the Provost may also be done by an authorized designee of the Provost. B. Dean of StudentsThe Dean of Students is vested with the principal responsibility for the implementation and administration of this code. The Dean of Students may investigate and act on any allegation of violations under the code. He or she may refer any such matter to the school, college, or unit of the University he or she deems appropriate. A matter acted on by a school or college will be subject to the procedures and rules established by the dean and faculty of that school or college. The Dean of Students will refer any matter involving academic misconduct to the dean of the appropriate school or college. Actions of the individual schools and colleges are subject to review and final determination—including determination of the sanction—by the Provost. Upon receipt of an allegation of misconduct or violation of the code, the Dean of Students will determine whether the matter is to be referred to a school, college, or other unit or resolved by his or her office. The fact that a matter has been referred to a school, college, or other unit of the University does not prevent the Dean of Students from imposing an interim sanction pending resolution of the matter by a school, college, or other unit. The Dean of Students will attempt to resolve allegations of misconduct or violation of the code as follows:
In his or her discretion, the Dean of Students may impose conditions on one or more students pending resolution of, or in resolution of, a particular matter. Such conditions may include: not entering or being in or on particular buildings or areas of the University, avoiding contact with a specific person or persons, and such other conditions deemed appropriate. Unless issued as part of a disciplinary finding, such conditions are not disciplinary sanctions. A student who violates the terms of such conditions may be deemed guilty of a violation of the code and is subject to disciplinary sanction for such violation. Any act authorized by this code to be performed by the Dean of Students may also be done by an authorized designee of the Dean of Students. C. Residence LifeMatters involving conduct in the residence system will be subject to investigation and disposition by the Director of Residence Life or his or her authorized designee. The Director of Residence Life may authorize the establishment of or continuation of existing panels within a particular residence or cluster of residences to assist in the determination of matters involving that residence or cluster. The rules and procedures governing each such panel shall be subject to the approval of the Director of Residence Life, who will ensure reasonable uniformity of standards, rules, and procedures in residences. The Director of Residence Life will establish specific procedures to govern the implementation of the provisions of this code relating to the Residence Life system. The procedures applicable to each residence or cluster will be posted in the appropriate residences. A student who is found guilty of misconduct involving residence life may appeal the findings or the sanctions to the Dean of Students. Such appeal must be filed with the Director of Residence Life not later than ten days after issuance of the findings. The decision of the Dean of Students will be subject to review and final determination—including determination of the sanction—by the Vice President for Enrollment & Student Affairs. The maximum sanction which may be imposed by the Director of Residence Life is restitution, a monetary fine, and expulsion from the residence system. Any matter involving conduct in the residence halls may be referred to the Dean of Students or to an appropriate school, college, or unit of the University. The fact that the Director of Residence Life has acted on a matter will not be a bar to further proceedings by the Dean of Students and/or the appropriate school or college. In his or her discretion, the Director of Residence Life may impose conditions on one or more students pending resolution of, or in resolution of, a particular matter. Such conditions may include: not entering or being in or on particular buildings or areas of the University, avoiding contact with a specific person or persons, and such other conditions deemed appropriate. Unless issued as part of a disciplinary finding, such conditions are not disciplinary sanctions. A student who violates the terms of such conditions may be deemed guilty of a violation of the code and is subject to disciplinary sanction for such violation. Any act authorized by this code to be performed by the Director of Residence Life may also be done by his or her authorized designee. IV. Hearing ProceduresA. University Board on Student ConductThere shall be a University Board on Student Conduct composed of not fewer than twenty-four and not more than thirty persons. The membership of the Board will be as follows: One-third of the members will be members of the faculty appointed by the Provost. The Provost will make his or her designation from among a list of fifteen nominations made to him or her by the Faculty Council. One-third of the members will be students selected by the Dean of Students from among a list of fifteen nominations made to him or her by the Student Union. One-third of the Board will be appointed by the Vice President for Enrollment & Student Affairs and may include students, faculty, or members of the administrative staff of the University. Temporary imbalances in the composition of the Board caused by the absence or withdrawal from the Board of any member(s) will not affect the validity of actions taken by a hearing panel of the Board. Membership on the Board shall be for a term of two years except that the term for student members shall be one year. Individuals appointed to fill a vacancy on the Board shall serve for the duration of the term. The Dean of Students will be responsible for the administrative functions of the Board. Each panel will consist of not fewer than three and not more than five members of the Board. At least one member of each panel will be a student and at least one member will be a member of the faculty. Each panel will sit for one month, but its term may be extended by the Dean of Students or the Dean of Students may create an additional panel or panels as may be necessary to assure the prompt adjudication of cases. The term of any panel will be deemed to be automatically extended to the completion of its work on any case it has commenced hearing. The Dean of Students will designate the chairman of each panel. If, during the summer or during any other period, sufficient members of the Board are not available to create a panel, the Vice President for Enrollment and Student Affairs, at the request of the Dean of Students, may designate individuals to serve as interim members of the Board for the purpose of serving on a panel. B. ProceduresA student who has been found guilty of a violation of the code by the dean of Students may request a hearing before a panel of the University Board on Student Conduct. Such a request must be filed with the Dean of Students in writing not later than ten days after notification by the Dean of Students of the findings of the dean. In his or her discretion, the Dean of Students may accept a late request for a hearing. A student who requests a hearing will be notified in writing by the Dean of Students of the time and place of the Board hearing; he or she will be informed of the charge(s) against him or her with sufficient specificity to permit the preparation of a response to the charges(s). The Dean of Students will endeavor to commence a hearing before a panel within 30 days of the receipt of a request for a hearing by the student. (Additional time may be required for scheduling the hearing during the period from the end of classes in the spring semester to the commencement of classes in the fall semester or to requests made immediately prior to the winter intersession.) Where related offenses are charged against more than one student, the Dean may assign a panel to hear the cases together. If the chairman of the panel assigned to hear the case concludes that this may result in unfairness to one or more students, he or she may direct that separate hearings be held. The chairman of the panel will preside at the hearing and may make such rulings as he or she deems necessary for the orderly conduct of the hearing. The hearing will be closed to the public; the chairman will, however, have discretion to admit parents, relatives, or friends of the student where, in the judgment of the chairman, the presence of such persons will not jeopardize the decorum and orderliness of the hearing. The rules of evidence and procedures applicable to courts of law will not be applicable at the hearing. The chairman may make appropriate rulings to safeguard the integrity and fairness of the hearing. The hearing will be conducted with emphasis on common sense in attempting to ascertain the truth and reach a finding appropriate to the rights of the student and the University community. All witnesses before the panel will be expected to tell the truth. The hearing will be mechanically recorded and the student will have the right of access to a copy of the recording without cost, or to obtain a copy of the recording at his or her expense. The Dean of Students will be responsible for the presentation of the charge(s). This may include the introduction of evidence and the calling of witnesses. The student may also introduce evidence and have witnesses testify on his or her behalf. Members of the panel may ask questions of any witness; they may request that additional witnesses or information be obtained, and the chairman may grant a continuance of the hearing for such purposes. The members of the panel may take cognizance of facts or information within the knowledge of the University community or based on the records of the University. The chairman may permit direct questioning of a witness by the student or the Dean of Students. The chairman may permit a witness to remain in the hearing room before or after giving testimony, and he or she may exclude any person from the hearing room to the extent necessary to ensure a fair and orderly hearing. The chairman may limit or exclude the testimony of any individual to the extent that such testimony is repetitive of matters previously testified to or is not probative as to the guilt or innocence of the student. The student may be accompanied by an advisor of his or her choice; however, the advisor may not participate directly in the hearing. In the face of pending criminal charges arising from the same events, legal counsel for the student may be present to safeguard the rights of the student relating to the criminal charges but not to participate directly in the hearing. After completion of the hearing, the panel will deliberate and will issue its decision within five days. The members of the panel will be the sole arbiters of the weight of the evidence, the demeanor and credibility of the witnesses, and the guilt or innocence of the student. Each finding of guilt must be concurred in by a majority of the panel. The specification or description of an offense may be modified by the panel to conform to the evidence, provided that the modification does not deprive the student of his or her right to respond to particular charges. The Dean of Students will notify the student of the decision of the panel and, if the student has been found guilty, of the sanction or sanctions imposed by the Dean. Except for good cause shown, the failure of a student to attend the hearing will be deemed a withdrawal of the request for a hearing. For special reasons out of the ordinary, the Dean of Students or the panel chairman may grant a postponement of a scheduled hearing if a request for postponement, supported by good cause, is received twenty-four hours prior to the time of the hearing. Either may, for good cause shown, grant a new hearing or the reopening of a hearing. Except for applications made during a hearing, all such requests shall be filed with the Dean of Students. If, in the judgment of the Dean of Students or the Vice President for Enrollment & Student Affairs, a student is prejudiced by the University’s failure to do or complete a procedure required under this code, appropriate corrective measures may be directed by the Dean or the Vice President at any stage of the proceedings. Such procedural error will not invalidate the proceeding or disposition. The proceedings of a hearing panel will not be invalid by reason of a defective mechanical recording of the proceeding. V. Appeal ProceduresA student who is found guilty of misconduct under the provisions of this code by the Dean of Students or a hearing panel or who has interim sanctions placed against him or her by the Dean of Students may appeal the determination and sanctions imposed to the Vice President for Enrollment & Student Affairs.
The filing of a statement of appeal will not operate to stay the effect of sanctions imposed. The statement of appeal may request that sanctions imposed be stayed or modified pending the determination of the appeal, and the reasons for such request are to be set forth in the statement of appeal. The Dean of Students or the Vice President in his or her discretion may suspend, stay, or modify sanctions imposed, subject to such conditions as either may deem appropriate. Upon receipt of a timely appeal, the Dean of Students will forward to the Vice President the relevant record of the matter. The Dean of Students may file with the Vice President a written response to the statement of appeal and will provide the student with a copy of his or her written response. The Vice President or his or her designee will review the record and the statements submitted. The decision of the Vice President will be in writing, with copies provided to the student and the Dean of Students. The decision of the Vice President will be final. The Vice President may:
Any act authorized by this code to be performed by the Vice President for Enrollment & Student Affairs may also be done by an authorized designee of the Vice President. VI. SanctionsThe following, individually or in combination, are authorized disciplinary sanctions. Where appropriate, the statement of the sanction shall include the period of duration, any conditions to be observed during that period, and the conditions for termination of the sanction. The Dean of Students, or in a matter involving academic integrity, the dean of the appropriate school or college, may approve a negotiated sanction and may agree, but will not be required to agree, that such negotiated sanction not be entered on the students permanent academic record. Such negotiated sanction may provide for the voluntary withdrawal by the student from the University or a program of the University or continuation under specified conditions and restrictions. Such negotiated sanctions are subject to review and final determination by the Vice President for Enrollment & Student Affairs or, in a matter involving academic integrity, the Provost. A. Major Sanctions
B. Other Sanctions
C. Interim SanctionsIf, in the judgment of the Dean of Students, the health, safety, or welfare of the University community or the preservation of academic integrity requires action prior to the final determination, the Dean of Students may impose an interim sanction, including suspension from the University, or the imposition of specific conditions or restrictions on the student. If such sanctions are imposed prior to his or her having received notification of the complaint, the student will be given the opportunity to respond to the complaint within one day. The continuation, modification, or recision of an interim sanction will rest in the discretion of the Dean of Students. The student may appeal an interim sanction imposed by the Dean of Students to the Vice President for Enrollment & Student Affairs in accordance with the appeal procedures provided in Section V of this code. The decision of the Vice President will be final. VII. Disciplinary Records, Readmission, and Transfer of CreditA. Disciplinary RecordsA sanction of expulsion or suspension from the University or a program of the University and any sanction resulting from academic misconduct, other than an interim sanction, will be entered on the student’s permanent record unless this provision is waived by the Dean of Students and the Vice President for Enrollment & Student Affairs concurs, or, in a case of academic misconduct, the dean of the appropriate school or college and the Provost concur. The University Registrar will be informed of all sanctions involving suspension or expulsion from the University or from a program of the University, and no student will be permitted to re-enroll in the University following such sanction unless he or she presents evidence to the Registrar of satisfaction of the sanction and of appropriate permission for re-enrollment. B. Withdrawal and ReadmissionIf a student voluntarily withdraws from the University or a program of the University while charges against him or her are pending, or as part of a negotiated settlement of such charges, this fact will be communicated to the University Registrar and the student will not be permitted to re-enroll unless he or she presents evidence that appropriate permission for re-enrollment has been obtained. Such permission shall be granted solely at the discretion of the Dean of Students or the Vice President for Enrollment & Student Affairs or, in the case of matters involving alleged academic misconduct, the Provost. If the student withdrew while charges against him or her were pending, permission for readmission will be granted only after the charges have been resolved. If permission to re-enroll is not granted, the student may petition the Vice President for Enrollment & Student Affairs or, in the case of matters involving allegations of academic misconduct, the Provost, for permission, setting forth in his or her petition the relevant facts and the basis upon which the petition is made. The decision of the Vice President or Provost will be final. Failure of a student to comply with a sanction or condition imposed or to obtain permission for re-enrollment in accordance with the above requirements may be a basis for denial of re-enrollment or may be deemed a violation of the Code of Student Responsibilities and may result in expulsion and denial of academic credit obtained during such period. C. Policy on Transfer of Credits Earned During Suspension for MisconductIt is University policy that no progress can be made towards a degree during a period in which the student is suspended from the University for disciplinary reasons. The University will not accept for credit courses taken at another institution during any period in which a student has been suspended from Boston University for academic or for other misconduct under the code. This policy does not apply automatically to cases in which a student is separated or suspended from the University because of academic deficiency. In such cases, it may be appropriate to permit, encourage, or even require that the student take courses at another institution with the possibility that that coursework will be accepted for credit by Boston University. AppendixSpecific Violations of Student ResponsibilitiesSpecific violations of student responsibilities include but are not limited to:
Sexual Harassment PolicyBoston University is committed to the principle that no employee, student, or applicant for employment or admission should be subject to sexual harassment. The University strives to provide workplaces and learning environments that promote equal opportunity and are free from illegal discriminatory practices, including sexual harassment. Sexual harassment is a violation of federal and state laws and of University policy, as is retaliation against any individual who in good faith files a complaint of sexual harassment or cooperates in the investigation of such a complaint. Upon receipt of a complaint of sexual harassment or retaliation, Boston University will undertake a fair and thorough investigation, with due regard for the rights of all parties. Every reasonable effort will be made to protect the confidentiality of the parties during the investigation. After an investigation, any person who is found to have sexually harassed or retaliated against another will be subject to discipline, up to and including termination of employment and, if a student, expulsion from Boston University. Definition of Sexual HarassmentSexual harassment is defined as sexual advances, requests for sexual favors, and any other verbal or physical conduct of a sexual nature, whether intentional or unintentional, where:
Examples of Conduct Which May Constitute Sexual HarassmentIt is not possible to list all circumstances that might constitute sexual harassment. In general, sexual harassment encompasses any sexually related conduct which causes others discomfort, embarrassment, or humiliation, and any harassing conduct, sexually related or otherwise, directed toward an individual because of that individual’s sex. Such conduct is subject to this policy whenever it occurs in a context related to the employment or academic environments, or if it is imposed upon an individual by virtue of an employment or academic relationship. A determination of whether conduct constitutes sexual harassment is dependent upon the totality of the circumstances, including the pervasiveness or severity of the conduct. The Massachusetts Commission Against Discrimination lists the following examples of conduct which may constitute sexual harassment:
In order to constitute sexual harassment, conduct must be unwelcome. Conduct is unwelcome when the person being harassed does not solicit or invite it and regards it as undesirable or offensive. The fact that a person may accept the conduct does not mean that he or she welcomes it. As a university, Boston University, its employees, and students also must be aware of the need for freedom of inquiry and openness of discussion in its educational and research programs, and must strive to create and maintain an atmosphere of intellectual seriousness and mutual tolerance in which these essential features of academic life can thrive. No university can or should guarantee that every idea expressed in its classrooms or laboratories will be inoffensive to all; pursued seriously, education and scholarship necessarily entail raising questions about received opinions and conventional interpretations. Boston University does guarantee, however, that credible accusations of inappropriate sexual remarks or actions will be investigated promptly, thoroughly, and fairly. ComplaintsIf you have any questions or concerns about sexual harassment, or if you wish to file a complaint of sexual harassment, you are strongly encouraged to contact immediately the appropriate person listed below: Faculty, staff, or applicants for employment: contact the Equal Opportunity Officer in the Office of Equal Opportunity, 25 Buick Street, Room 274, 617-353-9286. Medical campus employees and applicants may also contact the Director of Personnel at the Medical Campus Personnel Office, 560 Harrison Avenue, Room 401, 617-638-4610. Students: contact the Director of Judicial Affairs in Judicial Affairs & Student Safety Programs, 19 Deerfield Street, 617-358-0700. Students living in campus residences may also contact their local hall or area office. All students may also contact the Office of Equal Opportunity. Applicants for admission: contact the Equal Opportunity Officer in the Office of Equal Opportunity, 25 Buick Street, Room 274, 617-353-9286. Employees covered by a collective bargaining agreement: specific provisions of the agreement may provide additional options for addressing a sexual harassment complaint. Some of the schools and colleges at Boston University have also established their own procedures for handling issues of sexual harassment. Faculty, students, and staff who are members of academic units may contact the office of their dean to determine whether to use these complaint procedures. They are not required to do so. Nothing in this policy is intended to limit the authority of Boston University to take appropriate disciplinary action against any individual who violates University rules or policies, whether or not the conduct constitutes sexual harassment under law or University policy. State and Federal AgenciesIn addition to the above, you may file a formal complaint with the government agencies listed below: Faculty, staff, applicants for employment, or students: Massachusetts Commission Against Discrimination Faculty, staff, or applicants for employment: United States Equal Employment Opportunity Commission Students, applicants for admission, faculty, staff, or applicants for employment: Office for Civil Rights Family Educational Rights and Privacy Act—FERPAThe Family Educational Rights and Privacy Act ensures confidentiality of student educational records and restricts disclosure to or access by third parties, except as authorized by law. Parents of dependent students, as defined in Section 152 of the Internal Revenue Code of 1954, are accorded full access by the University to their dependents’ educational records, with certain exceptions, and they may receive copies of their dependents’ grade reports each semester from the Office of the University Registrar. The University assumes that its undergraduate students are financially dependent unless a parent or the student informs the University that the student is financially independent. Students may provide this notification to the Access Officer using the Financially Independent Student form, a copy of which may be secured from the Office of the University Registrar. The University does not release personally identifiable information contained in student educational records, except as authorized by law. Student Rights under FERPAIn general, a student has the right to:
DefinitionsA student is defined as one who is, or has been, officially registered, and who attends, or has attended, classes at Boston University. A dependent student is a student who meets the criteria of dependency as defined by Section 152 of the Internal Revenue Code of 1954, and is eligible to be claimed as a dependent for income tax purposes. Boston University permits parents of dependent students to access their dependents’ educational records. With certain exceptions, educational records are records relating to a student that are maintained by the University. Directory Information
Privacy PreferencesStudents can restrict the release or publication of any directory information that may be released by the Registrar’s Office, the Student Activities Office, the Athletics Department, or by his/her school, college, or program of enrollment, or by other offices of the University. Privacy preferences may be added or reversed. A student who wishes to restrict the release or publication of any directory information should do so on the Personal Page on the Student Link, (Personal tab, Data Restriction option). A student who does not have access to the Student Link should fill out the appropriate section of the Personal Data Form, available from the Office of the University Registrar. Students who have restricted their data will not be included in the yearbook unless arrangements are made with the Bostonia Office. Please Note: Even after graduation, privacy preferences remain in effect. As an example: If a student has restricted the release of their degrees, honors, and awards, the Office of the University Registrar will not confirm degrees earned to prospective employers or any other party without the student’s permission. Inspection of Educational RecordsTo inspect educational records, submit a written request identifying the records to be inspected to the appropriate University official using the Access Form. Students may obtain this form in the Office of the Dean of each school or college or in the Office of the University Registrar. Parents of dependent students may obtain copies of the Access Form by mail directly from the Office of the University Registrar. Written requests to access records will receive a response within a reasonable time, but not more than forty-five days after submission. A University official will arrange for access and will notify the student (or parent of a dependent student) of the time and place where the records may be inspected. The University may charge a fee for a copy of the educational records requested. If a student does not know the specific location of the record, the request may be filed with the Access Officer, Office of the University Registrar, Boston University, 881 Commonwealth Avenue, Boston, Massachusetts, 02215. Information Which a Student Does Not Have the Right to InspectA student does not have a right under FERPA to inspect information that is not an educational record, such as:
Note: A student may have rights to inspect such records under other laws. In addition, a student does not have the right to access certain educational records, such as:
Authorizing Another Person to Inspect or Receive Copies of Your RecordA current or former student who wishes to permit another person to inspect or receive copies of the student’s educational records must provide a signed and dated written consent which must:
If requested, the University will provide the student with a copy of the records disclosed. When Disclosure Is Permitted Without Prior Consent of the StudentIn general, the University may not disclose personally identifiable information from a student’s educational records without the student’s prior consent. The University, in compliance with the law, will disclose personally identifiable information without the student’s prior consent under these conditions: A. To University officials, staff, and others engaged in activities on behalf of the UniversityThe University discloses information to University officials, staff, and others who require information from student records to complete their assigned duties. These individuals include officers of the University, faculty, administrative staff, and medical and legal personnel, and may include consultants and professionals engaged by the University where disclosure of the information is necessary for them to fulfill their duties and responsibilities to the University and may include consultants and professionals engaged by the University. In addition, these individuals may include persons from outside the University, volunteers, and Boston University students who are requested to serve on an authorized committee or board of the University or to otherwise perform authorized tasks for the University. B. The information has been designated as Directory information including:
C. The information is a record of a campus disciplinary proceeding.Federal law requires the University to disclose to both the accuser and the accused student the outcome of all student disciplinary proceedings that involve a charge of sexual assault. In addition, the University may disclose the final results of student disciplinary proceedings regarding a crime of violence or a nonforcible sex offense. Final results include name of the offender, violation, and any sanction imposed. The University can also inform parents about violations of the University’s drug and alcohol policy by a student under the age of 21. D. In compliance with a subpoena.The University will make a reasonable effort to notify the student of the subpoena before complying. However, in the case of a subpoena issued for law enforcement purposes, the University is not required to notify the student of the existence or the contents of the subpoena, or of the information furnished in response to the subpoena, if the Court or other issuing agency has ordered that such information not be disclosed. E. To authorized representatives of certain government officesThe University will release information to authorized representatives of the U.S. Comptroller General’s Office, the U.S. Department of Education, and state and local educational authorities in connection with an audit or an evaluation of federal or state supported programs and to assure the enforcement of or compliance with federal or state legal requirements related to these programs; and of the United States Attorney General for law enforcement purposes. F. In compliance with the Solomon AmendmentThe University will release student information for the purposes of military recruiting to the Department of Defense. The information released is limited to student name, address, telephone listing, date and place of birth, levels of education and degrees received, prior military experience, and the most recent educational institution attended. G. To officials of other institutions or organizations:
In cases where the University has previously transmitted such information to another institution or organization in which the student has enrolled, has been placed, or has sought financial aid, the University may send corrected records if there are changes to the information previously sent. H. To the parents of dependent studentsIn order to keep parents informed, the University, as a matter of policy, discloses information from a student’s records to the student’s parents without the student’s prior consent if the student meets the criteria of dependency as defined by the Internal Revenue Code. In cases of divorce or separation, the University will communicate with both parents unless provided with evidence that one parent’s rights have been legally revoked or otherwise limited. I. In emergency situationsIn the case of an emergency, the University discloses information to the appropriate parties if the University deems it necessary to protect the health, safety, or well-being of the student or other individuals. Such disclosure may include any disciplinary action previously taken against the student for conduct that posed a significant risk to the safety and well-being of that student, other students, or members of the University community. J. In response to complaints and legal actions involving the student and the UniversityIf a student or parent initiates legal action or brings complaints against the University, the University may disclose information relevant to the response to the complaint without seeking the prior consent of the student. In addition, in the event that the University initiates legal action against a parent or student, the University may disclose relevant information without a court order or subpoena if a reasonable effort is made to notify the student or parent prior to disclosure. K. To authorized representatives of the state and local governmentThe University may disclose information to these authorized representatives if disclosure is allowed pursuant to a state statute concerning the juvenile justice system. L. To accredited organizationsThe University may release information to organizations that accredit colleges and universities for the purpose of assisting their accrediting functions. M. To organizations conducting studies for or on behalf of the UniversityThe University may disclose information to organizations seeking to improve education for or on behalf of the University (e.g., utilizing predictive tests or student aid programs). Limitations on RedisclosuresUnder FERPA, information disclosed by the University may be subject to restrictions against redisclosure. Amending Educational RecordsStudents have the right to have their educational records maintained accurately. If the normal channels for amending educational records within the University do not result in the desired corrections, students should submit a Request to Amend Educational Records form to the designated records keeper. Such forms are available from the University Registrar’s Office. The University Access Officer will inform the student of the University’s decision concerning the requested amendment within forty-five (45) days from the date of receipt of the Amendment Form. If the University decides not to amend the record as requested, it will (1) inform the student of the decision, (2) advise the student of his or her right to a hearing to challenge the content of the records on the grounds that the information contained in the record is (a) inaccurate or misleading (i.e., that the information in the records has been recorded incorrectly) or (b) violates the student’s rights under FERPA and (3) explain the procedures to requests such a hearing. If, after the hearing, the University decides that the information contained in the record is not accurate or misleading, it will inform the student of the right to place a statement in the record commenting on the contested information or stating why the student disagrees with the University’s decision. Note: The process of amending records or requesting hearings regards only information that has been recorded inaccurately or incorrectly or that violates the student’s rights under FERPA. It is not a process to appeal grades, disciplinary decisions, or other University decisions with which the student disagrees but which have been recorded accurately. Normal review and appeal channels must be utilized where the dispute is with the decision itself and not with the accuracy with which the decision or information has been recorded. Complaint ProcedureA student has the right to file a complaint with the Family Policy Compliance Office at the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. A complaint must be submitted to the Office within 180 days of the date of the alleged violation or of the date that the student knew or reasonably should have known of the alleged violation. The complaint must contain specific factual allegations giving reasonable cause to believe that a violation of the Act has occurred, and it should be forwarded to: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S. W., Washington, DC 20202-4605. QuestionsQuestions about the University’s policies and practices, or about specific educational records should be addressed to the Access Officer, Office of the University Registrar, Boston University, 881 Commonwealth Avenue, Boston, Massachusetts 02215. Equal Opportunity/Affirmative Action PolicyBoston University prohibits discrimination against any individual on the basis of race, color, religion, sex, age, national origin, physical or mental disability, sexual orientation, or because of marital, parental, or veteran status. This policy extends to all rights, privileges, programs and activities, including housing, employment, admissions, financial assistance, educational and athletic programs. Boston University recognizes that non-discrimination does not ensure that equal opportunity is a reality for all employees, applicants for employment and students. Because of this, the University will continue to take affirmative action to ensure that employees and students alike are treated equally during their employment and/or matriculation. Boston University strongly encourages minority group members, veterans, disabled individuals and women to apply for positions for which they are qualified and that are of interest to them. Care will be taken to ensure that affirmative action includes, but is not limited to the following: employment, upgrading, demotion, transfer, recruitment, layoff, rates of pay, and all other forms of compensation, apprenticeships and selection for training. Personnel policies and practices have been reviewed and will continue to be reviewed to ensure that there will be no illegal discrimination against employees on account of sex and that all employees of both sexes shall have equal opportunity to any available job that they are qualified to perform. The University will not discriminate against any employee or applicant for employment because of a physical or mental disability. Boston University takes affirmative action to employ and advance qualified disabled individuals in all segments of its workforce and is committed to full participation in campus life by disabled students, staff and faculty. The University prohibits unlawful discrimination against any individual in relation to employment, admission to or participation in academic programs and activities, and the providing of, or access to, University services or facilities. In doing so, the University acts in conformity with all applicable state and federal laws. Any employee judged to be in willful and deliberate noncompliance with any section of this Equal Opportunity/Affirmative Action Policy will be subject to disciplinary action. Inquiries regarding the application of this policy should be addressed to the Assistant Vice President for Human Resources, Office of Equal Opportunity, 25 Buick Street, Boston, MA 022l5, 6l7-353-4477. Conditions of Use and Policy on Computing EthicsConditions of UseNotice to All Users: Users of the University’s computing facilities, including University-supported electronic mail, are on notice, and by using these facilities agree, that no representation has been made to them as to the privacy of any communication or data stored on or sent through these facilities; that the University has reserved the rights set forth below and in the Boston University Information Security Policy and Policy on Computing Ethics; and that the use of these facilities is restricted to University-authorized purposes. The use of the University’s computing facilities in connection with University activities and de minimis personal use is a privilege extended to various members of the University community; it is not a right. Users of the University’s computing facilities are required to comply with, and by using such facilities agree that they are on notice of and agree to comply with, be subject to, and grant the University the right to implement, the Boston University Information Security Policy, the Policy on Computing Ethics and these Conditions of Use. Users also agree to comply with applicable federal, state, and local laws and to refrain from engaging in any activity that is inconsistent with the University’s tax-exempt status or that would subject the University to liability. The University reserves the right to amend these Conditions and Policies at any time without prior notice and to take such further actions as may be necessary or appropriate to comply with applicable federal, state, and local laws. To protect the integrity of the University’s computing facilities and its users against unauthorized or improper use of those facilities, and to investigate possible use of those facilities in violation of or in aid of violation of University rules and policies, Boston University reserves the right, without notice, to limit or restrict any individual’s use, and to inspect, copy, remove or otherwise alter any data, file, or system resource which may undermine the authorized use of any computing facility or which is used in violation of University rules or policies. Boston University also reserves the right periodically to examine any system and any other rights necessary to protect its computing facilities. The University disclaims responsibility for loss of data or interference with files resulting from its efforts to maintain the privacy and security of those computing facilities or from system malfunction or any other cause. As used herein and in the Policy on Computing Ethics below, the term “computing facility” means, refers to, and includes any and all forms of computer-related equipment, tools, and intellectual property, including computer systems, personal computers, computer networks, and all forms of software, firmware, operating software, and application software, which are owned or leased by the University or are under the University’s possession, custody, or control. Policy in Computing EthicsThousands of users share the computing facilities at Boston University. These facilities must be used responsibly by everyone, since misuse by even a few individuals has the potential to disrupt University business or the work of others. You are therefore required to exercise responsible, ethical behavior when using the University’s computing facilities. This includes, but is not limited to, the following:
The unauthorized or improper use of Boston University’s computer facilities, including the failure to comply with the above guidelines, constitutes a violation of University policy and will subject the violator to disciplinary and/or legal action by the University, and, in some cases, criminal prosecution. In addition, the University may require restitution for any use of service which is in violation of these guidelines. Any questions about this policy or of the applicability of this policy to a particular situation should be referred to Information Technology, University Information Systems, or the Internal Audit Office. A. For Student Pages: Individuals and Organizations
Information Security PolicyPurposeTo establish the basic policy of the University for the use, protection, and preservation of computer-based information generated by, owned by, or otherwise in the possession of the University, including all academic, administrative, and research data (“University Information”). ApplicabilityThis policy applies to all users of Boston University computer facilities and to all University Information. PolicyUniversity Information is a vital asset of the University and as such requires protection from unauthorized access, modification, disclosure, or destruction. ResponsibilitiesEach unit of the University is responsible for identifying and protecting all University Information within its area of control. Management of each unit of the University is responsible for ensuring that all employees in the unit understand and satisfy their obligation to protect University Information. Management is also responsible for developing and implementing such additional policies and procedures as are necessary to implement fully this Policy. (Please see the Boston University Information Security Management Guidelines.) All users of Boston University computer facilities are responsible for complying with this Policy and with any other applicable policies and procedures pertaining to the protection of University Information, including the Boston University Conditions of Use and Policy on Computing Ethics and policies regarding disclosure of student or personnel records. ComplianceNon-compliance with this policy may lead to disciplinary action by the University, including revocation of computer use privileges and, in the case of employees, dismissal from the University. Under certain circumstances, unauthorized access to or modification, disclosure, or destruction of University Information may give rise to civil and/or criminal liability. Any computer system which fails to comply with security procedures described in the Boston University Information Security Management Guidelines or for which no specific procedures are published by the University may be refused access to the Campus Network and may be deemed inappropriate for storing or accessing University Information. Information Security Management GuidelinesThe following definitions apply to this document: Departmental Security Administrator: The person responsible for maintaining the University Information Systems (UIS) mainframe accounts within his/her area of responsibility. Responsibilities include but are not limited to the timely inactivation of accounts; providing signed Non-disclosure Agreements to UIS Information Security; assignment and collection of SecurID cards; and requesting appropriate access to UIS facilities, functions, and tasks from UIS Information Security. Data Trustee: The designated administrative officer responsible for a collection of data. Responsibilities include but are not limited to granting authorization for access to that data and regular review of that authorization. Access is granted or denied based on the University’s administrative and business needs. System Administrator: The person responsible for installing and maintaining the operating system and application software on a computer system. Responsibilities include but are not limited to controlling access to the system, maintaining the security of the system, and ensuring that the system is in compliance with all security guidelines established by the University.
For assistance in implementing these guidelines and applying them to specific situations, contact UIS Information Security (telephone 353-9004) or the Information Technology Security Team (telephone 353-2780), or send an e-mail message to security@bu.edu. Published by Trustees of Boston University
31 October 2008 |