Ask the FERPA Professor

Hello Professor FERPA,

A student who was academically dismissed has been contacting some of our students, threatening them and the law school. The local police called our security team and they filled out an incident report. May we file this report in the former student’s permanent folder, or would it be wiser to have a separate file for this issue?

Thanks for your advice and counsel.

Rhonda Mary Thon

_______________________________________

Dear Rhonda,

From a FERPA standpoint it doesn’t matter how or where you file the report. The report would be an educational record subject to inspection and review by the former student if the report relates to his time at the institution. If not, and it only relates to his time after leaving the school, then it would probably not be an education record. 

See §99.35(b)(5) “Education Records” on page 154 of the 2012 AACRAO FERPA Guide. I hope this helps you navigate the situation.

The FERPA Professor 

Please visit our Ask the FERPA Professor archives for more insight from the professor.

Please send your questions for the FERPA Professor to connect@aacrao.org.