The student will be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of their own choice, including an attorney, at their own expense.
KSU will make its decision in writing, based solely on the evidence presented at the hearing, within 10 business days after the hearing. The decision will include a summary of the evidence and the reasons for the decision.
If, as a result of the hearing, KSU decides that the information is inaccurate, misleading, or otherwise in violation of the student's privacy rights, it will amend the record accordingly and inform the student in writing.
If, as a result of the hearing, KSU decides not to amend the record, it will inform the student of their right to place a statement in the record commenting on the contested information and/or stating any reasons for disagreeing with the decision. This statement will be maintained by KSU as part of the student's education records as long as the contested portion is maintained, and it will be disclosed by KSU whenever the contested portion of the record is disclosed.
FERPA permits the disclosure of personally identifiable information from students' education records, without consent of the student, if the disclosure meets certain conditions. Except for disclosures to school officials with legitimate educational interests, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information (unless restricted), and disclosures to the student, KSU must record all such disclosures. These exceptions include, but are not limited to:
School Officials with Legitimate Educational Interests: Disclosure to school officials who have legitimate education interest in the information. KSU will use reasonable methods, such as technological access controls and staff training, to ensure that school officials obtain access to only those education records in which they have legitimate educational interests.
Other Institutions: Disclosure to officials of another school, school system, institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled, so long as the disclosure is for purposes related to the student's enrollment or transfer. KSU will, upon request, forward education records to other agencies or institutions in which the student seeks or intends to enroll.
Audit or Evaluation: Disclosure 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 disclosures may be made 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 personally identifiable information 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.
Financial Aid: Disclosure 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.