Home > Student Handbook > Section 40: Administrative Policies > 40.8 Family Educational Rights and Privacy Act

40.8.0 Family Educational Rights and Privacy Act Of 1974 (FERPA)

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The Family Educational Rights and Privacy Act permits current or former students to inspect and review their education records.  Students wishing to review their records should complete the request form available in the Registrar’s Office identifying the record(s) they want to inspect. The Registrar will make arrangements for access within 45 days of the request and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Registrar, the student will be advised to whom the request should be addressed.

Students are also accorded a right to challenge the contents of their educational records to insure that the records are not inaccurate, misleading or in violation of rights to privacy or other rights. In order to request the College to amend a record that they believes is inaccurate or misleading, a student should complete the request form available in the Registrar’s Office, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

The Act also provides the right to withhold the release of personal information except as provided by law and College policy. SUNY Canton may disclose those items designated as directory information from a student’s education record unless directed otherwise by the student in writing. SUNY Canton has designated directory information to include: student’s full name, local address and telephone number, campus e-mail address, home address and home telephone number, date of birth, major field of study, dates of attendance, degrees and awards received, date(s) of graduation, participation in officially recognized sports and activities, and the most recent previous educational institution attended.

Students have the right to restrict the disclosure of the items designated as directory information. If students exercise this right, such information will not be released without their written consent except as provided by law and College policy. Non-directory information such as grades, GPA and student ID number are not released for any student, except directly to the student, without express written consent. Students wishing to restrict the release of the items identified as directory information must notify the Office of the Registrar in writing by the first Friday of the academic term in which the information is not to be disclosed. Such restriction will remain in effect unless rescinded in writing by the student. Students should be aware that restricting the release of directory information will prevent the College from providing enrollment and graduation information to prospective employers, insurance companies, and lenders without written authorization. It will also prevent inclusion in any news releases of the Deans’ List or other honors, as well as graduation lists for publication.

An exception permitting disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic, research or support staff position (including law enforcement unit and personal health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or college agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

A student may choose to waive their FERPA rights and allow academic information to be shared with persons of their choice by assigning a proxy(ies) in UCanWeb. This allows SUNY Canton to share academic information from the student’s educational records with the person(s) the student assigns as a proxy. The proxy must provide the student’s SUNY Canton ID and the correct password. This access is available through UCanWeb under the miscellaneous Student Requirements tab.

Inquiries or complaints may be filed with:

Family Educational Rights and Privacy Act Office
Department of Health, Education and Welfare,
400 Maryland Avenue,
S.W., Washington, D.C. 20202-4605.

Copies of the Family Educational Rights and Privacy Act are available at:

Office of Student Affairs
Miller Campus Center 229

and

Office of the Registrar
Miller Campus Center 012

40.8.1 Beau’s Law (FERPA and New York State Education Law 6438-d)

SCOPE

SUNY Canton is committed to protecting student health and safety while respecting student privacy. In accordance with FERPA and New York State Education Law §6438-d (Beau’s law), SUNY Canton maintains the following policy regarding when a parent, guardian, or designated emergency contact may be notified if a student under the age of 21 is involved in certain alcohol- or controlled substance-related incidents.

Effective July 1, 2026, and in accordance with FERPA and New York State Education Law §6438-d, this policy establishes the framework under which SUNY Canton may notify a student’s parent(s), guardian(s), or designated emergency contact(s) when a student under the age of 21 is involved in certain alcohol- or controlled substance-related violations or incidents.

The purpose of this policy is to:

  • Promote student health and safety;
  • Ensure transparency regarding notification practices; and
  • Clarify how SUNY Canton exercises its discretion under FERPA and applicable New York State law.

This policy applies to:

  • All students enrolled at SUNY Canton who are under the age of 21; and
  • Involved in alcohol and controlled substance-related incidents, whether occurring on or off campus, which are addressed through institutional processes.

POLICY STATEMENT

SUNY Canton maintains a policy regarding the notification of a student’s parent(s), guardian(s), or emergency contact(s) when a student under the age of 21 is involved in certain alcohol- or controlled substance-related violations or incidents.

Notification decisions are made by authorized institutional offices and are guided by considerations of student health, safety, and welfare, as well as compliance with applicable federal and state laws.

POLICY

Incidents Subject to Notification

A parent, guardian, or emergency contact may be notified when a student under the age of 21 is involved in one or more of the following, including but not limited to:

  • Violations of institutional rules or policies related to the use or possession of alcohol or a controlled substance;
  • Violations of federal, state, or local laws involving alcohol or controlled substances; and
  • Alcohol or controlled substance-related medical emergencies, including:
    • Hospitalization;
    • Overdose; or
    • Other situations presenting a serious risk to the student’s health or safety.
Notification Authority and Process
  • Notification determinations are made only by designated institutional offices, which includes the Vice President for Student Affairs & Dean of Students, Associate Dean of Students, Student Conduct Officer, University Police, Director of Davis Health Center, Director of Counseling Center, and/or Director of Residence Life.
  • Individual faculty or staff members do not contact parents, guardians, or emergency contacts unless specifically authorized as previously noted.
  • Notifications are made on a case-by-case basis, considering the totality of the circumstances.
FERPA and New York State Education Law Considerations

FERPA permits institutions of higher education to disclose PII without consent if there is an articulable and significant threat to the health or safety of the student or others, and the disclosure is to parties who need to know to respond.

New York State Education Law §6438-d (Beau’s Law) requires transparency in NYS institutions of higher education on its policies involving notice to a parent, guardian, or emergency contact when a student under the age of 21 is involved in one or more of the following, including but not limited to:

  • Violations of institutional rules or policies related to the use or possession of alcohol or a controlled substance;
  • Violations of federal, state, or local laws involving alcohol or controlled substances; and
  • Alcohol or controlled substance-related medical emergencies, including:
    • Hospitalization;
    • Overdose; or
    • Other situations presenting a serious risk to the student’s health or safety.

SUNY Canton exercises its authority under FERPA and New York State Education Law in a manner that limits disclosures to information reasonably necessary to address the circumstances presented.

DEFINITIONS

None

OTHER RELATED INFORMATION

None

PROCEDURES

    1. Student Notification
      • When feasible and appropriate, students will be informed that a parent, guardian, or emergency contact has been or may be notified, unless such notification would compromise health or safety or interfere with an ongoing investigation.
      • Notifications are completed via phone call in emergency situations to the student- designated emergency contact, or via written letter where in reference to policy violations.
    2. Confidentiality and Privacy
      1. All notifications under this policy are handled with sensitivity and respect for student privacy. Information shared is limited to what is necessary to address health, safety, or welfare concerns. All disclosures made pursuant to this policy are documented.

FORMS

  1. Student Emergency Designation is completed in UCanWeb annually
  2. Policy violation notification letters are housed in Maxient (conduct software) and used by Student Conduct staff

AUTHORITY

  1. Notification determinations are made only by designated institutional offices, which includes the Vice President for Student Affairs & Dean of Students, Associate Dean of Students, Student Conduct Officer, University Police, Director of Davis Health Center, Director of Counseling Center, and/or Director of Residence Life.

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