Distributing/Posting Grades - Privacy Guidelines

After exams, many faculty post grades in a public location in order that students can easily determine their exam grade, and perhaps all grades to date. The posting of such material is strictly regulated by federal law, particularly The Buckley Amendment, formally titled the Family Education Records and Privacy Act. For a discussion of FERPA and other privacy laws, please see Privacy of Education Records by David A. Banisar.

We recognize the importance of privacy and educational records and clearly document our campus policy:

the New Faculty Handbook - Student Privacy Issues
the Faculty & Professional Staff Handbook, 1994 Edition
the 2001-2002 Student Handbook

The simplest method of ensuring the privacy of a student's grade is not to publicly post any grades, but rather to individually return all assignments and examinations or to individually mail (or email) such information.

But if you feel you must publicly post grades, you need to do so in a manner that protects the identity of each student. One strategy is to assign some system of letters and/or numbers which are known only to the instructor and the student. Grades posted using such a PIN isolate the grades from the identity of the students. The PINs chosen for the class must not be any part of a student's Social Security number (the last 4 or 5 digits, for example).

There are other violations, however, that we must be aware of and seek to avoid. For example, often graded material is left in an office or at the front of a classroom for students to rummage through for their own exam, quiz, paper, etc. If the grades are visible on the top sheet of the exam, quiz, or assignment, then it is a violation of a student's privacy. To keep the grades private you might hand the material back directly to the individual student. You might leave the material in sealed envelopes with only the student's name on the envelope for pick-up from an office. If it is a one page quiz, for example, you might have the grade at the bottom of the page and fold up the bottom third of the quiz so that only the name is visible and the grade is hidden under the fold. In a large class you might choose to make the material available for pick-up from a large table where the grades are written on an inside page of the exam or assignment.

From the New Faculty Handbook (p. 9):

Student Privacy Issues

Students have the same rights to privacy as do any other citizens, and they do not surrender these rights by becoming members of the academic community. Make sure, therefore, that you respect these rights in your day-to-day dealings with your students. If you choose to post student grades, use a system that ensures confidentiality. Keep the subject of any conversations between you and other students to yourself. Do not ask other faculty members for their assessment of a particular student, and do not offer your assessment of a particular student to another faculty member. If you agree to write a letter of reference for a student, make sure that what you write is true, non-malicious, and confidential.

A helpful rule of thumb to consider using in determining whether or not an action you might take will invade a student's privacy is to ask yourself the following question: Would a reasonable person consider this action to be a highly offensive intrusion? If your answer to this question is "yes" -- then don't do it. If your answer is "perhaps" -- then still don't do it.

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From the Faculty & Professional Staff Handbook, 1994 Edition (Section V, p. 2):

GRADES AND REGISTRATION INFORMATION

Distribution of Grades. Final grades are distributed to students through the Registrar's office. Faculty members who post grades should use a system that insures that the requirements of the Buckley Amendment pertaining to the confidentiality of grades are carefully met. The listing should not be in alphabetical order; social security numbers should not be used. Some faculty require students to submit a code word to which the grade can be assigned.

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From the 1998-1999 Student Handbook (pp. 18-19, 50):

Privacy

28. Students have the same rights to privacy as any other citizen and surrender none of those rights by becoming members of the academic community. These rights of privacy extend to residence hall living with the concomitant obligations to maintaining an environment conducive to academic learning. Nothing in the University relationship or room and board agreement may expressly nor implicitly give University officials the right to consent to a warrantless search of a student's room by police or other government officials.

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Confidentiality of Student Records

32. The privacy and confidentiality of all student records shall be preserved. Directory information student's name, address, telephone number, major field of study, class year, dates of attendance, degrees and awards received, and most recent previous educational institution attended - may be made public by the College unless the student requests, in writing, to the Registrar at the College at the beginning of each semester, that such information be released only upon his/her consent. Official student academic records, supporting documents, and other student files shall be maintained only by members of the College staff employed for that purpose. Separate files shall be maintained of the following educational records:

Academic records, supporting documents, and general education records - maintained by the Registrar, academic departments and advisors, and the Deans' offices;
Records of disciplinary proceedings - maintained by the Vice President for Student Affairs or his/her designee;
Financial records - maintained by the Business Office;
Medical records - maintained by the Health Center;
Financial aid records - maintained by the Office of Student Financial Aid;
Placement records - maintained by Career Services Office;
Counseling records - maintained by the Counseling Services Center;
Incident reports - maintained by the Department of Public Safety.

All such records are the property of the University.

Under the provisions of the Family Educational Rights and Privacy Act of 1974, as amended, students have the right to inspect and review the records listed above. In addition, they have a right to an explanation and interpretation of those records, including the right to a hearing to challenge the contents of such records. Requests for an explanation concerning a record should be addressed in writing to the College official in charge of such record.

The following records are not available for student inspection:

Records of instructional, supervisory and administrative personnel which are in the sole possession of the maker thereof, and which are not accessible to other persons.
Records created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional which are used only in connection with the provisions of treatment of a student, and are not available to persons other than those individuals providing such treatment.
Records and documents of a law enforcement unit, including those of the Department of University Police.
Financial records of students' parents.
Confidential letters and statements of recommendation placed in a student's file prior to January 1, 1975, or those received after January 1, 1975, for which the student has signed a waiver of his/her right to access, provided these letters are used only for the purposes for which they were intended.

33. No entry may be made on a student's academic record and no document may be placed in his/her file without actual notice to the student. Publication of grades and announcements of honors constitute notice.

35. Information in a student's education records will not be released to third parties without the student's written consent, except as indicated below:

Officials of this University, including instructional staff, who have legitimate educational interests.
Officials of other schools in which the student seeks to enroll.
Accrediting organizations.
Parents of a student who qualifies as a dependent under the Internal Revenue Code.
Federal and State educational authorities and organizations conducting studies for such authorities in the areas of testing, student aid, and instruction.
Those individuals who seek information pursuant to a judicial order or subpoena.
Appropriate persons in connection with an emergency involving the health or safety of individuals.
Parents or legal guardians of students under the age of 21 found in violation of the Code of Student Rights, Responsibilities and Conduct with respect to any violation of any federal, state, or local law, or of any rule or policy of the College governing the use or possession of alcohol and/or other illegal drugs (i.e., controlled substances).

36. Upon graduation or withdrawal from the University, the education records and information concerning former students shall continue to be subject to the provisions of this Code.

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Faculty Grading Rights and Responsibilities

The individual faculty member has the right and the responsibility to assign student grades, including academic penalties. The academic appeal process and the Mediation Panel (outlined in the College Judicial System section of this Handbook) are both mediation and not judgmental procedures. However, if disciplinary action is initiated through the Office of the Vice President for Student Services, it is a judgmental procedure. Thus, final authority for the determination of any penalty to be invoked for cheating through the disciplinary process rests with the Office of the Vice President for Student Services.

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