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


Is it legal in the US for a professor to publicly reveal a student's performance in PhD comprehensive exams?How should I address a potential FERPA violation by a professor?Am I allowed to show properly redacted exams to a colleague to determine if cheating occurred?How can US faculty verify medical absences?Does FERPA apply to university teachers when they are working as private tutors?FERPA alternative for German universitiesIs a professor allowed to ask me what grade I got in a previous class?Does recording video of a scientific presentation violate the privacy of a PhD student?What is a reasonable expectation for privacy of exam and homework grades?FERPA and confidentiality of information when university officials contact school













5















A student was subject to a clear Family Educational Rights and Privacy Act (FERPA) violation by a professor.
Does student have any rights against the professor?
How should they proceed when they are the victim of a FERPA violation?










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.



















  • Welcome to Academia SE. We cannot really help you with a specific situation with vastly incomplete information. I therefore generalised the question, since this is also what was mostly answered. If you wish to ask about a specific situation, please ask a separate question including all relevant information. Before you do, please read this and this FAQ though.

    – Wrzlprmft
    May 13 at 6:01











  • Under FERPA, your complaint is against the university, not against the professor. Action against the professor, if any, will be taken by the university.

    – GEdgar
    May 13 at 12:17















5















A student was subject to a clear Family Educational Rights and Privacy Act (FERPA) violation by a professor.
Does student have any rights against the professor?
How should they proceed when they are the victim of a FERPA violation?










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.



















  • Welcome to Academia SE. We cannot really help you with a specific situation with vastly incomplete information. I therefore generalised the question, since this is also what was mostly answered. If you wish to ask about a specific situation, please ask a separate question including all relevant information. Before you do, please read this and this FAQ though.

    – Wrzlprmft
    May 13 at 6:01











  • Under FERPA, your complaint is against the university, not against the professor. Action against the professor, if any, will be taken by the university.

    – GEdgar
    May 13 at 12:17













5












5








5








A student was subject to a clear Family Educational Rights and Privacy Act (FERPA) violation by a professor.
Does student have any rights against the professor?
How should they proceed when they are the victim of a FERPA violation?










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.











A student was subject to a clear Family Educational Rights and Privacy Act (FERPA) violation by a professor.
Does student have any rights against the professor?
How should they proceed when they are the victim of a FERPA violation?







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 May 13 at 7:29









Wrzlprmft

34.8k11111189




34.8k11111189






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 May 12 at 19:41









TimTim

291




291




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.














  • Welcome to Academia SE. We cannot really help you with a specific situation with vastly incomplete information. I therefore generalised the question, since this is also what was mostly answered. If you wish to ask about a specific situation, please ask a separate question including all relevant information. Before you do, please read this and this FAQ though.

    – Wrzlprmft
    May 13 at 6:01











  • Under FERPA, your complaint is against the university, not against the professor. Action against the professor, if any, will be taken by the university.

    – GEdgar
    May 13 at 12:17

















  • Welcome to Academia SE. We cannot really help you with a specific situation with vastly incomplete information. I therefore generalised the question, since this is also what was mostly answered. If you wish to ask about a specific situation, please ask a separate question including all relevant information. Before you do, please read this and this FAQ though.

    – Wrzlprmft
    May 13 at 6:01











  • Under FERPA, your complaint is against the university, not against the professor. Action against the professor, if any, will be taken by the university.

    – GEdgar
    May 13 at 12:17
















Welcome to Academia SE. We cannot really help you with a specific situation with vastly incomplete information. I therefore generalised the question, since this is also what was mostly answered. If you wish to ask about a specific situation, please ask a separate question including all relevant information. Before you do, please read this and this FAQ though.

– Wrzlprmft
May 13 at 6:01





Welcome to Academia SE. We cannot really help you with a specific situation with vastly incomplete information. I therefore generalised the question, since this is also what was mostly answered. If you wish to ask about a specific situation, please ask a separate question including all relevant information. Before you do, please read this and this FAQ though.

– Wrzlprmft
May 13 at 6:01













Under FERPA, your complaint is against the university, not against the professor. Action against the professor, if any, will be taken by the university.

– GEdgar
May 13 at 12:17





Under FERPA, your complaint is against the university, not against the professor. Action against the professor, if any, will be taken by the university.

– GEdgar
May 13 at 12:17










2 Answers
2






active

oldest

votes


















8














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























  • Please note that that I generalised the question.

    – Wrzlprmft
    May 13 at 6:02


















1














Such actions are 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




















  • 1





    Please note that that I generalised the question, which may slightly affect your answer.

    – Wrzlprmft
    May 13 at 6:02











Your Answer








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2 Answers
2






active

oldest

votes








2 Answers
2






active

oldest

votes









active

oldest

votes






active

oldest

votes









8














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























  • Please note that that I generalised the question.

    – Wrzlprmft
    May 13 at 6:02















8














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























  • Please note that that I generalised the question.

    – Wrzlprmft
    May 13 at 6:02













8












8








8







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 May 12 at 20:35









cag51cag51

20.1k94476




20.1k94476












  • Please note that that I generalised the question.

    – Wrzlprmft
    May 13 at 6:02

















  • Please note that that I generalised the question.

    – Wrzlprmft
    May 13 at 6:02
















Please note that that I generalised the question.

– Wrzlprmft
May 13 at 6:02





Please note that that I generalised the question.

– Wrzlprmft
May 13 at 6:02











1














Such actions are 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




















  • 1





    Please note that that I generalised the question, which may slightly affect your answer.

    – Wrzlprmft
    May 13 at 6:02















1














Such actions are 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




















  • 1





    Please note that that I generalised the question, which may slightly affect your answer.

    – Wrzlprmft
    May 13 at 6:02













1












1








1







Such actions are 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















Such actions are 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








edited May 13 at 10:37

























answered May 12 at 20:06









BuffyBuffy

63.1k18195296




63.1k18195296







  • 1





    Please note that that I generalised the question, which may slightly affect your answer.

    – Wrzlprmft
    May 13 at 6:02












  • 1





    Please note that that I generalised the question, which may slightly affect your answer.

    – Wrzlprmft
    May 13 at 6:02







1




1





Please note that that I generalised the question, which may slightly affect your answer.

– Wrzlprmft
May 13 at 6:02





Please note that that I generalised the question, which may slightly affect your answer.

– Wrzlprmft
May 13 at 6:02










Tim is a new contributor. Be nice, and check out our Code of Conduct.









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Tim is a new contributor. Be nice, and check out our Code of Conduct.












Tim is a new contributor. Be nice, and check out our Code of Conduct.











Tim is a new contributor. Be nice, and check out our Code of Conduct.














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