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Parental Notification: The Family Educational Rights and Privacy Act (FERPA or the Buckley Amendment) gives students certain rights of privacy and access to their educational records. This law is codified at 20 U.S.C. section 1232g; Regulations of the United States Department of Education implementing the law are found in 34 CFR part 99.
As a result of 1998 amendments to FERPA, P.L.105-244, TITLE XI, Part E Sec. 952 (i) Drugs and Alcohol Violation Disclosure, ß SECTION 444 of the General Education Provision Act (20 U.S. C..1232g) (GEPD), universities may disclose the final results of disciplinary proceedings in which a student is found to have committed a violent crime or nonforcible sex offense. Disclosure is limited to the name of the violator, the type of violation, and the sanction. Universities may also disclose to the parents and legal guardians of students who are under the age of 21 any disciplinary violations regarding the use or possession of alcohol, drugs or a controlled substance. Parents or guardians of students under the age of 21 may be notified of all violations of University narcotic or other controlled substance polices and alcohol violations that result in an assessment for chemical dependency, residence hall probation, or a more severe sanction as allowed under FERPA regulations.
- The 1998 HEA amendments also added a new exception that allows institutions of higher education to disclose to a parent or legal guardian information regarding a student’s violation of any law or institutional rule or policy governing the use or possession of alcohol or a controlled substance if the student is under 21 and the institution determines that the student has committed a disciplinary violation with respect to the use or possession.
This regulation addresses the University’s decision to affirmatively notify parents of students under the age of 21 of certain ULM Code of Student Conduct alcohol or drug violations as set forth below. Notification will take place upon the determination of a violation by the Dean of Students (Student Conduct) personnel.
Notification of parents or legal guardians for a violation of federal, state, or local law or institutional policy regarding alcohol or a controlled substance is indicated in any of the following circumstances:
- The violation involved harm or threat of harm to self, other persons, or property.
- The violation involved an arrest in which the student was taken into custody.
- The violation suggests a pattern of alcohol or controlled substance abuse.
- The student who committed the violation required medical intervention or transport as a result of consumption of alcohol or a controlled substance.
- The violation resulted in or could result in the student being disciplined by the University, including but not limited to housing probation, housing cancellation, disciplinary probation, deferred suspension, suspension, or expulsion.
The following may be imposed upon any student found to have violated this code.
- Notification of Parents and Legal Guardians of Alcohol
Unless there are extenuating circumstances, the Office of Student Services (Student Conduct) will generally NOT notify parents or legal guardians of students under the age of 21 of violations. Parents and guardians may be notified if the student is determined by the Office of Student Services (Student Conduct) to be a danger to himself/herself others, or to property.
The Office of Student Services (Student Conduct) may notify parents and legal guardians of serious violations. Offenses occurring prior to the implementation date of this regulation will be considered.
- Notification of Parents and Legal Guardians of Drug or Controlled Substance Violations
The Office of Student Services (Student Conduct) may notify parents or legal guardians of students under the age of 21 of any drug or controlled substance violations.
The University supports students assuming personal responsibility and accountability for their actions as they learn to establish their own independence. The University also recognizes that the process of establishing personal independence requires support and, at times, assistance or intervention. In the appropriate circumstances, notification of parents or legal guardians can be a means of support in that transition. The Office of Student Services (Student Conduct) or his/her designee whenever possible will involve the student in a discussion about the decision to notify his/her parents or legal guardian and may inform the student that notification will take place.
Nothing in these guidelines shall prevent University officials from notifying parents or legal guardians of health or safety emergencies, regardless of the judicial status of the student.
The Vice President of Student Affairs may assign the notification of parents or legal guardians to other University officials.
Authority: Issued by the President’s Cabinet of ULM. Changes or exceptions to administrative regulations may be issued only by the President’s Cabinet.
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