FAQs
Have a question? Look through our list of most frequently asked questions.
I am a student. Can I obtain legal advice and services from your office?
Not unless the legal matter is related to issues arising from your employment or other relationship at the University or a University-sponsored event or activity.
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My Department has been served with a lawsuit. What should I do?
Contact the Office of the General Counsel immediately. By law, the University must respond to lawsuits within a specified time period after service. Accordingly, it is imperative that you notify us as soon as you are served so we can review the matter and respond in a timely manner.
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I’ve been personally named as a defendant in a lawsuit. I was only doing my job. Will the University defend me?
It is the University’s policy to defend and indemnify employees who become parties to legal proceedings by virtue of their good faith efforts to perform their responsibilities of employment. An employee personally named as a defendant in a lawsuit should contact our office immediately for more information.
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I’ve been served with a subpoena. What should I do?
Contact our office immediately. A subpoena is an order of the court. It may command you to appear at a specified date, time and location to testify, or a subpoena may command you to produce certain documents. In either case, you should contact us immediately. It is important to let us review the subpoena to determine the University’s rights and responsibilities for compliance. Do not ignore a subpoena, even if it addresses something you are unfamiliar with, or asks for documents you don’t have. Failure to respond to a subpoena could result in you or the University being held in contempt of court.
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What should I do if I receive a Freedom of Information Act (FOIA) request for documents?
If you receive a request for documents, regardless of whether the request specifically cites FOIA, you should immediately contact our office at (804) 828-6610. Do not delay in contacting us after receiving a request for documents. The University has only five working days from receipt of the request to respond, so it is important to notify us immediately. Do not begin searching for or copying documents before talking to us.
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Are there any laws or University policies regarding student education records?
Yes. The federal Family Educational Rights and Privacy Act (FERPA) establishes rules and regulations regarding access to and disclosure of student education records. Also, the University maintains a student education records policy.
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What is a student education record under FERPA?
FERPA defines student education records to include all records maintained by the institution that contain information directly related to a current or former student. FERPA’s broad definition of student education record includes almost any medium you can think of including written, electronic, video, audio and photos.
There are a few exceptions, which are not considered student education records for FERPA purposes that include:
- An administrator’s or faculty member’s own notes that are used and possessed only by that individual and are not shared with anyone else, except a substitute.
- Employment records of current employees who are not students.
- Records on a student made or maintained by a physician, psychiatrist, psychologist or other recognized professional in connection with the provision of treatment to the student and which are not available to others except those providing such treatment.
- Records containing only information about a student after he or she is no longer a student, such as development or alumni records.
- Records maintained by the institution’s law enforcement unit that were created by that unit for the purpose of law enforcement.
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Under what circumstances may I disclose the contents of a student’s education record without the student’s consent?
Generally, a college or university that receives federal funding cannot disclose student education records to anyone other than the student (including the student’s parents) without the student’s written permission. However, FERPA does establish several exceptions that allow the institution to disclose student records without the student’s prior written consent. Some of those exceptions are:
- Other school officials with a legitimate educational interest.
- Officials of other schools in which the student seeks to enroll.
- In connection with a student’s application for, or receipt of, financial aid.
- If disclosure is necessary during an emergency to protect the health or safety of the student or other persons.
- In response to a lawfully issued subpoena. If you receive a subpoena requesting student records, you should notify our office and the Registrar’s Office immediately.
- Directory information as defined by the Student Rights and Student Records policy.
- Parents of dependent students.
You should always contact our office before releasing student records to a third party, even if you think one of these exceptions applies.
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Can a student obtain a copy of his or her own student education record?
FERPA gives students the right to inspect and review and, under certain conditions, copy their own education records. The student may be charged a fee covering the cost of copying, but not for the search or retrieval of the records.
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Does a student’s right to inspect and obtain a copy of his or her student education record include letters of recommendation?
If a student voluntarily waives his or her right to inspection, in writing and without coercion, the student can be denied the right to inspect letters of recommendation about the student.
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