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1. FERPA Definitions

For the purposes of this policy, Marquette has used the following definitions of terms.

Student — any person who attends or has attended Marquette University. Student status begins the first day of the first term in which the student is in attendance or registered.

Education records — any record (in handwriting, print, tapes, film, electronic or other medium) maintained by the university or an agent of the university that is directly related to a student, except:

  1. A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.
  2. An employment record of an individual whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual's employment.
  3. Records which are created and maintained by Public Safety for law enforcement purposes.
  4. Records made or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity and used only in connection with the treatment of a student and disclosed only to individuals providing that treatment. Note: Immunization records are considered education records.
  5. Alumni records that contain information about a student after he or she is no longer in attendance at the university and do not relate to the person as a student.

Parent — includes a natural/adoptive parent of a student, a guardian or an individual acting as a parent in the absence of a parent or a guardian.

Qualified parent — is either (1) a parent who has been given written consent by a student for the parent to review the student's education records or (2) either parent, as long as one has claimed the student as a dependent as defined in section 152 of the Internal Revenue Code of 1954 in the most recently ended tax year.

Record custodian — university employee, or designee, who maintains education records.

School official is:

  • A person employed by the university in an administrative, supervisory, academic, research or support staff position.
  • A person elected to the Marquette University Board of Trustees.
  • A person hired or utilized by the university on a contractual and/or temporary basis to perform a special function (e.g., attorneys, auditors, third party vendors).
  • A person utilized by the university for the purposes of verifying scholarship, honor society or other academic honors and/or selecting recipients for such honors or scholarships.
  • A person utilized by the university in a volunteer capacity.

A school official has a legitimate educational interest if the official is:
  • Performing a task specified in his/her position description or contract or pursuant to written/oral direction from appropriate supervisory personnel.
  • Performing a task related to a student's education.
  • Performing a task related to the discipline of a student.
  • Providing a service or benefit relating to the student, such as health care, counseling, job placement, honor societies and academic honors consideration, or financial aid including scholarships.