APPENDIX I

GUIDELINES FOR TAPING CONDUCT CASES AND THEIR STORAGE, ERASURE

AND RELEASE

A.  All hearings of the Residence Hall Judicial Council (RHJC) and the Student Conduct committee (SCC) should be tape recorded.

B.  Notes should also be kept in case of recorder malfunction.

C.  The reading of the Report of Incident (R of I) and the Specification of Charges (S of C) should be included in the taping.

D.  The deliberations of the hearing body must not be taped.

E.  The reading of the decision and the sanction following deliberations should be on the tape.

F.  The date and the name of the accused should be written in pencil, and the hearing body identified, on the tape.

G.  The tape recording must be retained

1.  In the case of the RHJC - at the Residential Life Office.

2.  In the case of the SCC - in the Office of the Secretary of the SCC for the duration of the sanction.

H.  When sanction has expired the tape, the name, date and hearing body should be erased.

I.  Release of information

1.  For purposes of Public Law 93-380, the following people are authorized to remove or review the tape without completing Form A

Request for Disclosure of Student's Education Record or Form B Release Form for Student's Education.

a.  The accused or the complainant.

b.  The RHJC Chairperson or Secretary, if heard by that body or appealed to it.

c.  The SCC Chairperson or Secretary, if heard by that body or appealed to it.

d.  Other school officials with legitimate educational interests.

2.  Any other person must complete a Request for Release (Form A) and obtain a Release (Form B) before hearing the tape recording.

3.  Records of release of information must be kept for two years after release by the party(s) retaining the tapes.

4.  The party authorized to grant or deny disclosure of information is the Secretary or Chairperson of the SCC.

J.  Should either the accused or the complainant wish to review the tape for purposes of deciding whether to appeal or other appropriate purposes:

1.         The tape may be listened to in a private office.

A non-professional advisor from the university community may be present at the tape review.

Further reproduction or release of the reproduced tape to other than the accused or complainant’s advisor is prohibited unless expressly approved by the Secretary of the Student Conduct Committee.

APPENDIX II

RECORDS OF ACCESS

(non-medical records)

All University departments shall:

1.  Follow a standard Request For Disclosure and Release Form procedure.

a.  Requests for Disclosure are routinely and informally allowable to an eligible student and other school officials with legitimate educational interest, as defined in the attached regulations.  A record of such disclosure need not be maintained.

b.  A request for disclosure to parent(s) of dependent student is made only after obtaining the student's written consent.

c.  Request for disclosure by all other persons must be documented on the "Request for Disclosure of Student's Educational Record" form.

2.  Produce and utilize Forms A and B for recording disclosure requests and action.  When it is expedient to make copies of a written request for release of information and a written response to the request, such an approach is acceptable in lieu of Forms A and B, as long as all of the information requested on the appropriate form is included in the copies.

APPENDIX II

Form A

Request for Disclosure of Student's Education Record

Name of Person Making Request_________________________________    Date______________

Name of Student____________________________              ID of Student___________________

Name of Record           _________________________________________________________________

Reason for Disclosure of Record           ____________________________________________________

_________________________________________________________________________________

Date Request Granted__________________________          Date Request Denied_________________

Has been advised that the information is confidential and agrees not to transmit any record information to third party:

Signature of Person Making Request     _________________________________________________

Signature of University Official

Granting/Denying Disclosure     _______________________________________________________

Title of University Official

Granting/Denying Disclosure     _______________________________________________________

This form must be secured from all persons (except a parent of a dependent student, an eligible student, and other school officials with legitimate education interests as defined in the SDSU Regulation for Compliance with Public Law 93-380, as amended) before disclosure of any educational record. This form must be maintained as a part of the student's education record as long as that record is maintained at SDSU.

Form B

            Release Form for Student's Education Record

Having knowledge of the provisions of Public Law 93-380 as amended, concerning the Privacy Rights of Parents and Students, I hereby authorize the disclosure of:

Name of Record           _________________________________________________________________

To        ____________________________________________________________________________

            (Party or Class of Parties)

For the Purpose of        _______________________________________________________________

___________________________________________________________________________

Signature_________________________ ID#___________________ Date of Release__________

Record Disclosed by________________________________            Title__________________________

Date of Disclosure        ________________________________________________________________

Note:  This release form must be maintained as a part of the educational record for no less than two years from date of release, at which time it may be destroyed. 

Revised:  August 1999