1. A student wishing to challenge the propriety of information in his/her records first must attempt to resolve the matter administratively by written petition to the custodian of the records. The custodian shall notify the student in writing of his/her decision within 15 calendar days. If dissatisfied with the decision of the custodian of the records, the student has the right to request a hearing.

2. A request for a hearing to challenge the propriety of information in the student's records shall be submitted in writing to the Vice President of Student Affairs within fifteen (15) school days following receipt of the decision of the custodian of the records. The request must set forth the basis for the challenge. A challenge must be based on one of the following allegations:
   1. The record is inaccurate.

   2. The record is misleading.

   3. The record is an unsubstantiated personal conclusion or inference.

   4. The record is a conclusion or inference outside the area of the observer's competence.

   5. The record is not based upon personal observation of a named person with the time and place of the observation noted.

   6. The record is in violation of a student's privacy or other rights guaranteed by law.

   Note: These procedures shall not be used to contest an instructor's evaluation of academic performance, academic probation or disqualification, University disciplinary action, or debt to the university.

3. Within ten (10) school days following receipt of the request for the hearing, the Vice President of Student Affairs shall designate an officer of the University who will conduct the hearing. The student and the custodian of the record shall be notified in writing. If the issue or issues predominantly are related to an academic matter, the Hearing Officer will be an academic administrator. In other matters the Hearing Officer will be a student affairs administrator. The person designated as Hearing officer shall have no prior involvement in the issue at hand and shall not have a supervisory relationship with the custodian of the records involved.
   1. Either the student or the custodian of the records may challenge the Hearing Officer for cause. Challenges for cause must be received in the Vice President of Student Affairs' Office within three (3) school days following notice of the selection of the Hearing officer.

   2. The Vice President of Student Affairs shall rule on challenges for cause within three (3) school days, and his/her decision shall be final.

4. The hearing shall be convened within ten (10) school days of the selection of the Hearing officer.
   1. The hearing shall be closed and only the following persons may be present:
      1. The Hearing Officer.

      2. The student and his/her representative, if any. If the student's representative is to be an attorney, the student must notify the Vice President of Student Affairs name and business address of the attorney at least three (3) school days prior to the date and time scheduled for the hearing.

      3. Witnesses, while presenting testimony.

   2. A recording of the proceedings shall not be made.

   3. Witnesses shall not be required to testify under oath. However, witnesses will be admonished that false testimony will constitute grounds for university disciplinary action.

   4. The proceedings will not be bound by formal rules of evidence nor trial like procedures. Rather, the procedures will be those upon which reasonable persons would rely in the conduct of serious affairs. The Hearing officer shall rule on all procedural issues. If substantive or procedural issues arise during the hearing, which require external assistance for resolution, the Hearing officer should recess the hearing and submit the issue to the Vice President of Student Affairs for resolution.

   5. Evidence and/or testimony shall be limited to that which is relevant to the basis for challenge of the record. Irrelevant or unduly repetitious evidence or testimony may be ruled out of order.

   6. The burden of proof to sustain a challenge rests with the student.

   7. If the student or his/her representative fails to appear at the time and place scheduled for the hearing, the challenge will be considered to have been withdrawn, with prejudice, and these proceedings will be terminated. The Hearing Officer shall submit a report to the President to that effect.

   8. Upon conclusion of the hearing, the Hearing Officer shall deliberate in private. Within seven (7) school days the Hearing Officer shall submit to the University President a written report. The report should include:
      1. A brief summary of the evidence submitted.

      2. A finding of facts, supported by a preponderance of the evidence.

      3. A recommendation that the challenge be sustained or denied.

      4. In the event the recommendation is to sustain the challenge, a recommendation of appropriate corrective action.

5. Within ten (10) school days following receipt of the report of the Hearing Officer, the President shall provide written notification to the student and to the custodian of the records as to his/her decision. The decision of the President shall be final.

6. During these proceedings the rights of the student shall include the following:
   1. The right to a copy of the records relevant to the challenge. Requests for copies of relevant records shall be submitted to the Vice President of Student Affairs who shall approve or deny the request.

   2. The right to appear in person at the hearing, with or without an advisor. The advisor may be an attorney.

   3. The right to present evidence, call witnesses, and submit arguments in support of the challenge.

   4. The right to cross-examine witnesses called by the custodian of the records.

7. The custodian of the records shall have the same rights as the student.

*These procedures are in compliance with provisions of the Family Educational Rights and Privacy Act of 1974, as amended.

March 1978