Dear FERPA Professor,
I have a situation and am gathering information for the Dean of this particular school.
I was contacted by our institution’s Romance Language department chair about a situation involving two of her faculty members – we’ll call them Rachel and Rob. Rachel came to her with concerns about a phone call she had received from a Rob about his son, who was enrolled in Rachel’s course. Rob asked about his son’s grades, options for making up missed classes and assignments, and finally shared medical information with the chair. Rob also said there was a signed FERPA release on file. Rachel went to her chair and then I got a phone call. I verified that there was not a FERPA release on file and then contacted the department chair. We talked about the issue at hand and how it was rather a grey area but that it was not a good grey area and a conversation needed to be had.
This morning, I received a phone call from Rob who was absolutely livid with me for not having come directly to him. I explained I was not his supervisor and there was a chain of command and that I handled it the way I would have with anyone else. He continued on for a minute and then informed me that he was listed as his son’s advisor and therefore as his advisor, had access to all of his advisee’s records – “rightfully so.” I told him that was a problem. He told me to find it in writing and talk with him directly and not his chair and then hung up on me.
So, I then called the Provost and without giving names, told him about the situation. He recommended I talk with the Dean, which I have done, but now we have some questions. We would like to provide documentation to Rob because he will argue with us. I believe it is a FERPA violation for him to “bully” the instructor of his son’s class with “I am a faculty member at the institution too”; “my son has medical issues”; “there is a FERPA release on file” etc. I also believe strongly that it is a FERPA violation for a faculty member to have their own child as an advisee. Can you share with me your thoughts and/or any documentation you can point me towards that we can use?
Thanks so much,
Caulden Damiddle
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Hello Caulden,
Concerning the situation you describe, a faculty member, or any other school official, should not be given access to a student's education records unless the official has a "legitimate educational interest" in such access. See §99.31(a)(1). A parent may be given access to the student's records if a signed consent has been provided by the student or if the student is claimed on the parent's tax return. Additionally, there is nothing in FERPA which would prevent a parent, who also happens to be a faculty member, from being the student's academic advisor. Any such designation would be at the description of the institution.
What your institution decides to do from a behavioral standpoint will have no grounding in FERPA. However, ‘Rob’ is correct that FERPA regulations allow him to view his son’s progress because of the signed consent to release to the student’s parent (Rob) and his legitimate educational interest, as the student’s advisor. I hope this is helpful in answering your questions.
The FERPA Professor