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What should a student do when they are the victim of a FERPA violation?


Are student records accessible by university officials?Are the contents of discussion between a University and a student private or public?If most universities in the U.S are non-profit, why are they so expensive?How should I address a potential FERPA violation by a professor?Is it a FERPA violation for instructor to display grades in public computer file system?Does FERPA apply to university teachers when they are working as private tutors?FERPA: Can I anonymously quote a student?Why are tenure-track professors hired on the basis of their research when they spend most of their time teaching?Student number indicates when you started – what to do about the ensuing prejudice?FERPA and confidentiality of information when university officials contact school













3















Prof. discussed (made fun of) student's private paper with other students and student could be identified and it got back to student. Caused a lot of problems for the student--harassed all term in housing situation with peer group. Text message proof of harassment by students. Does student have any rights against the professor? Clear FERPA violation. Caused stress and health issues for student and impacted performance in class (shut down discussion). The student also has a disability.










share|improve this question









New contributor



Tim is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.














  • 3





    Could you clarify what your question is?

    – henning
    5 hours ago











  • What should the student do?

    – Tim
    2 hours ago















3















Prof. discussed (made fun of) student's private paper with other students and student could be identified and it got back to student. Caused a lot of problems for the student--harassed all term in housing situation with peer group. Text message proof of harassment by students. Does student have any rights against the professor? Clear FERPA violation. Caused stress and health issues for student and impacted performance in class (shut down discussion). The student also has a disability.










share|improve this question









New contributor



Tim is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.














  • 3





    Could you clarify what your question is?

    – henning
    5 hours ago











  • What should the student do?

    – Tim
    2 hours ago













3












3








3








Prof. discussed (made fun of) student's private paper with other students and student could be identified and it got back to student. Caused a lot of problems for the student--harassed all term in housing situation with peer group. Text message proof of harassment by students. Does student have any rights against the professor? Clear FERPA violation. Caused stress and health issues for student and impacted performance in class (shut down discussion). The student also has a disability.










share|improve this question









New contributor



Tim is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.











Prof. discussed (made fun of) student's private paper with other students and student could be identified and it got back to student. Caused a lot of problems for the student--harassed all term in housing situation with peer group. Text message proof of harassment by students. Does student have any rights against the professor? Clear FERPA violation. Caused stress and health issues for student and impacted performance in class (shut down discussion). The student also has a disability.







united-states privacy






share|improve this question









New contributor



Tim is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.










share|improve this question









New contributor



Tim is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.








share|improve this question




share|improve this question








edited 4 hours ago









cag51

20k94476




20k94476






New contributor



Tim is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.








asked 5 hours ago









TimTim

191




191




New contributor



Tim is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.




New contributor




Tim is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.









  • 3





    Could you clarify what your question is?

    – henning
    5 hours ago











  • What should the student do?

    – Tim
    2 hours ago












  • 3





    Could you clarify what your question is?

    – henning
    5 hours ago











  • What should the student do?

    – Tim
    2 hours ago







3




3





Could you clarify what your question is?

– henning
5 hours ago





Could you clarify what your question is?

– henning
5 hours ago













What should the student do?

– Tim
2 hours ago





What should the student do?

– Tim
2 hours ago










2 Answers
2






active

oldest

votes


















3














In the US, you have the right to file a FERPA complaint. The instructions are posted on the Government website. If the Government decides that there was a FERPA violation, there are two possible outcomes:



  • They agree that the university will bring itself into compliance, or

  • They do not agree that the university will bring itself into compliance, and therefore, the university will lose their eligibility for federal funding.

The latter of these is an existential threat to the university; therefore, the first one is almost certain to happen. However, the university could discipline the professor as a way to demonstrate that they take being in compliance seriously.



Beyond this, I think the key question for you is what is your goal?



  • Students do not have the right to sue over FERPA violations, so a financial or other settlement for the student is highly unlikely.

  • If you want some specific action (e.g., being allowed to complete your degree without interacting with this professor), you should request this through the usual channels (start with the department chair, then the dean). You could mention that you believe this is a FERPA violation, but I would avoid making threats.

  • If you're just angry and want "justice," you could also complain to a dean, department chair, or even ombudsman, or could submit the FERPA complaint. It's hard for students to prevail against professors, however, particularly if this is the first complaint.





share|improve this answer























  • Prof. is new. Accused student of academic dishonesty of second paper based on a series of questions (kind of laying a trap) on what sourcing was being used. The student stopped participating--gave a low score. Worried about dishonesty on record (1st offense) and grade in the class. Seems a bit like academic harassment.

    – Tim
    2 hours ago











  • Hard to litigate the case here. General guidelines are that the professor has the right to investigate the student for dishonesty, but he should do so privately, and the student should have the right to due process before adverse actions are recorded on their permanent record.

    – cag51
    2 hours ago






  • 1





    The story in @Tim's comment above seems very different from the original question.

    – Brian Borchers
    1 hour ago


















0














You describe what seems to be a violation of ethics and maybe of law in the US. But it is the student that must seek redress. The university should have an office in which to discuss such things and to which a student can make a complaint. Encourage the student to explore such avenues. The individual should think about what would be fair redress. I would probably expect a public apology, though have doubts about whether it could be arranged.



Department heads and Deans can also be informed, but such things should be done in person, not by email.



Other, more public and radical, options exist, but it is probably best to explore the official ones first and to be aware of the potential negative blow-back consequences of making public claims even when it is warranted.



Such behavior doesn't belong in academia, of course.






share|improve this answer























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    2 Answers
    2






    active

    oldest

    votes








    2 Answers
    2






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes









    3














    In the US, you have the right to file a FERPA complaint. The instructions are posted on the Government website. If the Government decides that there was a FERPA violation, there are two possible outcomes:



    • They agree that the university will bring itself into compliance, or

    • They do not agree that the university will bring itself into compliance, and therefore, the university will lose their eligibility for federal funding.

    The latter of these is an existential threat to the university; therefore, the first one is almost certain to happen. However, the university could discipline the professor as a way to demonstrate that they take being in compliance seriously.



    Beyond this, I think the key question for you is what is your goal?



    • Students do not have the right to sue over FERPA violations, so a financial or other settlement for the student is highly unlikely.

    • If you want some specific action (e.g., being allowed to complete your degree without interacting with this professor), you should request this through the usual channels (start with the department chair, then the dean). You could mention that you believe this is a FERPA violation, but I would avoid making threats.

    • If you're just angry and want "justice," you could also complain to a dean, department chair, or even ombudsman, or could submit the FERPA complaint. It's hard for students to prevail against professors, however, particularly if this is the first complaint.





    share|improve this answer























    • Prof. is new. Accused student of academic dishonesty of second paper based on a series of questions (kind of laying a trap) on what sourcing was being used. The student stopped participating--gave a low score. Worried about dishonesty on record (1st offense) and grade in the class. Seems a bit like academic harassment.

      – Tim
      2 hours ago











    • Hard to litigate the case here. General guidelines are that the professor has the right to investigate the student for dishonesty, but he should do so privately, and the student should have the right to due process before adverse actions are recorded on their permanent record.

      – cag51
      2 hours ago






    • 1





      The story in @Tim's comment above seems very different from the original question.

      – Brian Borchers
      1 hour ago















    3














    In the US, you have the right to file a FERPA complaint. The instructions are posted on the Government website. If the Government decides that there was a FERPA violation, there are two possible outcomes:



    • They agree that the university will bring itself into compliance, or

    • They do not agree that the university will bring itself into compliance, and therefore, the university will lose their eligibility for federal funding.

    The latter of these is an existential threat to the university; therefore, the first one is almost certain to happen. However, the university could discipline the professor as a way to demonstrate that they take being in compliance seriously.



    Beyond this, I think the key question for you is what is your goal?



    • Students do not have the right to sue over FERPA violations, so a financial or other settlement for the student is highly unlikely.

    • If you want some specific action (e.g., being allowed to complete your degree without interacting with this professor), you should request this through the usual channels (start with the department chair, then the dean). You could mention that you believe this is a FERPA violation, but I would avoid making threats.

    • If you're just angry and want "justice," you could also complain to a dean, department chair, or even ombudsman, or could submit the FERPA complaint. It's hard for students to prevail against professors, however, particularly if this is the first complaint.





    share|improve this answer























    • Prof. is new. Accused student of academic dishonesty of second paper based on a series of questions (kind of laying a trap) on what sourcing was being used. The student stopped participating--gave a low score. Worried about dishonesty on record (1st offense) and grade in the class. Seems a bit like academic harassment.

      – Tim
      2 hours ago











    • Hard to litigate the case here. General guidelines are that the professor has the right to investigate the student for dishonesty, but he should do so privately, and the student should have the right to due process before adverse actions are recorded on their permanent record.

      – cag51
      2 hours ago






    • 1





      The story in @Tim's comment above seems very different from the original question.

      – Brian Borchers
      1 hour ago













    3












    3








    3







    In the US, you have the right to file a FERPA complaint. The instructions are posted on the Government website. If the Government decides that there was a FERPA violation, there are two possible outcomes:



    • They agree that the university will bring itself into compliance, or

    • They do not agree that the university will bring itself into compliance, and therefore, the university will lose their eligibility for federal funding.

    The latter of these is an existential threat to the university; therefore, the first one is almost certain to happen. However, the university could discipline the professor as a way to demonstrate that they take being in compliance seriously.



    Beyond this, I think the key question for you is what is your goal?



    • Students do not have the right to sue over FERPA violations, so a financial or other settlement for the student is highly unlikely.

    • If you want some specific action (e.g., being allowed to complete your degree without interacting with this professor), you should request this through the usual channels (start with the department chair, then the dean). You could mention that you believe this is a FERPA violation, but I would avoid making threats.

    • If you're just angry and want "justice," you could also complain to a dean, department chair, or even ombudsman, or could submit the FERPA complaint. It's hard for students to prevail against professors, however, particularly if this is the first complaint.





    share|improve this answer













    In the US, you have the right to file a FERPA complaint. The instructions are posted on the Government website. If the Government decides that there was a FERPA violation, there are two possible outcomes:



    • They agree that the university will bring itself into compliance, or

    • They do not agree that the university will bring itself into compliance, and therefore, the university will lose their eligibility for federal funding.

    The latter of these is an existential threat to the university; therefore, the first one is almost certain to happen. However, the university could discipline the professor as a way to demonstrate that they take being in compliance seriously.



    Beyond this, I think the key question for you is what is your goal?



    • Students do not have the right to sue over FERPA violations, so a financial or other settlement for the student is highly unlikely.

    • If you want some specific action (e.g., being allowed to complete your degree without interacting with this professor), you should request this through the usual channels (start with the department chair, then the dean). You could mention that you believe this is a FERPA violation, but I would avoid making threats.

    • If you're just angry and want "justice," you could also complain to a dean, department chair, or even ombudsman, or could submit the FERPA complaint. It's hard for students to prevail against professors, however, particularly if this is the first complaint.






    share|improve this answer












    share|improve this answer



    share|improve this answer










    answered 4 hours ago









    cag51cag51

    20k94476




    20k94476












    • Prof. is new. Accused student of academic dishonesty of second paper based on a series of questions (kind of laying a trap) on what sourcing was being used. The student stopped participating--gave a low score. Worried about dishonesty on record (1st offense) and grade in the class. Seems a bit like academic harassment.

      – Tim
      2 hours ago











    • Hard to litigate the case here. General guidelines are that the professor has the right to investigate the student for dishonesty, but he should do so privately, and the student should have the right to due process before adverse actions are recorded on their permanent record.

      – cag51
      2 hours ago






    • 1





      The story in @Tim's comment above seems very different from the original question.

      – Brian Borchers
      1 hour ago

















    • Prof. is new. Accused student of academic dishonesty of second paper based on a series of questions (kind of laying a trap) on what sourcing was being used. The student stopped participating--gave a low score. Worried about dishonesty on record (1st offense) and grade in the class. Seems a bit like academic harassment.

      – Tim
      2 hours ago











    • Hard to litigate the case here. General guidelines are that the professor has the right to investigate the student for dishonesty, but he should do so privately, and the student should have the right to due process before adverse actions are recorded on their permanent record.

      – cag51
      2 hours ago






    • 1





      The story in @Tim's comment above seems very different from the original question.

      – Brian Borchers
      1 hour ago
















    Prof. is new. Accused student of academic dishonesty of second paper based on a series of questions (kind of laying a trap) on what sourcing was being used. The student stopped participating--gave a low score. Worried about dishonesty on record (1st offense) and grade in the class. Seems a bit like academic harassment.

    – Tim
    2 hours ago





    Prof. is new. Accused student of academic dishonesty of second paper based on a series of questions (kind of laying a trap) on what sourcing was being used. The student stopped participating--gave a low score. Worried about dishonesty on record (1st offense) and grade in the class. Seems a bit like academic harassment.

    – Tim
    2 hours ago













    Hard to litigate the case here. General guidelines are that the professor has the right to investigate the student for dishonesty, but he should do so privately, and the student should have the right to due process before adverse actions are recorded on their permanent record.

    – cag51
    2 hours ago





    Hard to litigate the case here. General guidelines are that the professor has the right to investigate the student for dishonesty, but he should do so privately, and the student should have the right to due process before adverse actions are recorded on their permanent record.

    – cag51
    2 hours ago




    1




    1





    The story in @Tim's comment above seems very different from the original question.

    – Brian Borchers
    1 hour ago





    The story in @Tim's comment above seems very different from the original question.

    – Brian Borchers
    1 hour ago











    0














    You describe what seems to be a violation of ethics and maybe of law in the US. But it is the student that must seek redress. The university should have an office in which to discuss such things and to which a student can make a complaint. Encourage the student to explore such avenues. The individual should think about what would be fair redress. I would probably expect a public apology, though have doubts about whether it could be arranged.



    Department heads and Deans can also be informed, but such things should be done in person, not by email.



    Other, more public and radical, options exist, but it is probably best to explore the official ones first and to be aware of the potential negative blow-back consequences of making public claims even when it is warranted.



    Such behavior doesn't belong in academia, of course.






    share|improve this answer



























      0














      You describe what seems to be a violation of ethics and maybe of law in the US. But it is the student that must seek redress. The university should have an office in which to discuss such things and to which a student can make a complaint. Encourage the student to explore such avenues. The individual should think about what would be fair redress. I would probably expect a public apology, though have doubts about whether it could be arranged.



      Department heads and Deans can also be informed, but such things should be done in person, not by email.



      Other, more public and radical, options exist, but it is probably best to explore the official ones first and to be aware of the potential negative blow-back consequences of making public claims even when it is warranted.



      Such behavior doesn't belong in academia, of course.






      share|improve this answer

























        0












        0








        0







        You describe what seems to be a violation of ethics and maybe of law in the US. But it is the student that must seek redress. The university should have an office in which to discuss such things and to which a student can make a complaint. Encourage the student to explore such avenues. The individual should think about what would be fair redress. I would probably expect a public apology, though have doubts about whether it could be arranged.



        Department heads and Deans can also be informed, but such things should be done in person, not by email.



        Other, more public and radical, options exist, but it is probably best to explore the official ones first and to be aware of the potential negative blow-back consequences of making public claims even when it is warranted.



        Such behavior doesn't belong in academia, of course.






        share|improve this answer













        You describe what seems to be a violation of ethics and maybe of law in the US. But it is the student that must seek redress. The university should have an office in which to discuss such things and to which a student can make a complaint. Encourage the student to explore such avenues. The individual should think about what would be fair redress. I would probably expect a public apology, though have doubts about whether it could be arranged.



        Department heads and Deans can also be informed, but such things should be done in person, not by email.



        Other, more public and radical, options exist, but it is probably best to explore the official ones first and to be aware of the potential negative blow-back consequences of making public claims even when it is warranted.



        Such behavior doesn't belong in academia, of course.







        share|improve this answer












        share|improve this answer



        share|improve this answer










        answered 5 hours ago









        BuffyBuffy

        62.2k17193291




        62.2k17193291




















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