Records regarding a student's disciplinary record are safeguarded under one of the nation's strongest privacy protection laws: the Family Educational Rights and Privacy Act of 1974 (FERPA) and its related regulations, 20 U.S.C. § 1232g and 34 CFR Part 99. FERPA is a federal law that pertains to the release of and access to student education records. The law applies to schools that receive funds under applicable programs administered by the U.S. Department of Education. Therefore, non-affiliated third parties (e.g., employers, government agencies, private contractors, parents, etc.) conducting background checks or requesting information about a student’s disciplinary history, will not receive information immediately or over the phone until our office verifies the authenticity of any release and that the student has provided consent.
Information regarding the schedule for retention and disposal of student conduct records can be found in the Code of Conduct.
The following guidelines are intended to:
Establish rights and procedures for students to access and review their own records in the custody of Community Standards
Establish procedures authorizing Community Standards to release or disclose information to third parties.
Clarify the circumstances when Community Standards does not require prior consent before releasing records or disclosing information to third parties.
EXCEPTIONS TO PROHIBITION AGAINST DISCLOSURES
Under the guidelines of FERPA, the Office of Community Standards does not require prior consent:
- To comply with a federal or judicial order or lawfully issued subpoena
- To discretionarily release notification to a parent or legal guardian the first and every subsequent time a student under the age of 21 is found responsible for violating any law or university policy governing the use or possession of alcohol or a controlled substance
- To discretionarily release the results of any disciplinary proceeding conducted by the University against an alleged perpetrator of a crime of violence to the alleged victim of that crime
There are many different types of disclosures involving student disciplinary records and the procedural guidelines differ based on the type. Below you will find information on the most common types of disclosures managed by the Office of Community Standards and the steps to follow for each type.
DISCLOSURE. A term that means to permit access to or the release, transfer, or other communication of educational records and information, after a student's consent is obtained authorizing any such release. To the extent possible, Community Standards will work with the designated recipient to schedule a date and time to disclose information. At the discretion of Community Standards, and on a case-by-case basis, this may be done in-person, over the phone or in writing.
DISCLAIMER. Community Standards receives a substantial number of records requests and are typically working on several processes at any given time during the calendar year. Responsibility rests with the individual submitting a request, to review and adhere to scheduled deadlines; Community Standards does not entertain requests for expedited processing.
Current and former students have the right to review their own education records, in the presence of a designated university official and during regular business hours. While students have the right to inspect their records, education records belong to the University meaning that Community Standards is not obligated to provide students with copies.
Additionally, students are not entitled to review records that contain personal identifiable information of others. Therefore, if a request is approved, records will be redacted (e.g., crossed-out or blanked-out) in compliance with FERPA and general protections of privacy. Absent extenuating circumstances, Community Standards will comply with the request within a reasonable amount of time, not to exceed 45 days after receipt of the request.
SUBMIT REQUEST. To facilitate the gathering and inspection of student records, all requests must be submitted to Community Standards in writing via email at community.standards@unh.edu using the subject line: "Last Name - Request to Inspect Conduct Education Records."
Requests sent to other university offices or verbal requests will not be honored.
Typically, Community Standards will only communicate with students through their UNH issued email address. If you no longer utilize your UNH email, ensure that written correspondence includes a phone number where a designated official can contact you to verify the authenticity of the request to release records.
SCHEDULED REVIEW. Students will be notified of the date, time, and location of their appointment as soon as administratively possible and will be required to present appropriate identification before reviewing their records.
At no time will original records be removed from the office. In extenuating circumstances, a secure electronic link may be shared for viewing purposes and for a specified period of time when an in-person appointment is not possible and prevents an eligible party from accessing the necessary information.
The Campus Disciplinary Clearance Check process is an internal process designed for when faculty and staff need to determine eligibility when students express interest in participating in university-approved curricular and co-curricular activities, hold certain leadership positions, represent the University at a special event or for volunteer opportunities that involve interacting with vulnerable populations and must be in good behavioral standing.
OBTAIN STUDENT PERMISSION. Faculty and staff must first inform and obtain permission from students explicitly authorizing the release of their disciplinary information from Community Standards.
SUPPORTING DOCUMENTATION. A copy of the application or relevant documentation, specifying the nature of the activity or program must be submitted with the request; copies will be retained for the current academic year.
SUBMIT REQUEST. Complete the CAMPUS CLEARANCE CHECk form and submit your request to our office for processing.
TIMELINE. Campus Clearance Checks are typically completed within seven to ten business days from the date the request is submitted. In cases where a campus office or department submits multiple requests or a single clearance check contains a substantial amount of student names, completion times will be based on the number of records submitted and may take longer to complete; please plan accordingly.
DISCLOSURE. Community Standards will process clearance checks and confirm whether or not a student is in good standing as defined by the Good Standing Policy; no specific details about a student’s disciplinary history will be released.
If a student has plans to transfer to another educational institution or seeks admission to graduate schools, a brief summary of a student’s disciplinary history may be requested as a condition for admission.
On occasion, a Dean’s Certification will require both the student’s disciplinary and academic history. In those cases, Community Standards will consult with the Dean's office from the appropriate academic college. Community Standards will complete the standard form provided or prepare a summary statement of the student’s disciplinary history if no form is available. Summary statements are not considered letters of recommendation and after processing, completed forms or statements are sent directly to the entity, not to student.
Other offices who receive Dean's Certification letters from students should direct the student or form to community.standards@unh.edu. This process doesn't apply to professional certifications for specialized feels (e.g. Law, Social Work, Teaching, etc.), which are managed by the programs. Students should contact their academic program/department if they have questions about the professional certification process.
Procedural Overview
1. STUDENT SUBMITS THE REQUEST TO RELEASE RECORDS. Request should be submitted to community.standards@unh.edu.
2. TIMELINE. Requests from current and former students should be submitted at least one month before a recipient entity’s deadline. Summary statements require at least 10 to 14 business days to complete. Priority will be given to those students who timely submit and in the order received. Multiple requests and phone calls for the same information causes delays; please place accordingly.
Disclaimer. In some cases where an administrative hold has been placed on a student’s account, students may request an appointment to view their records but requests to release records and/or information to a third party may not be permitted until the hold has been properly removed.
Government agencies conducting background checks will receive the entire student conduct history. If the individual and/or agency requesting the information needs all of the student’s conduct history, this must be clearly articulated in the request.
For background checks, if you are with a government agency or if you are a private contractor:
We will not be able to provide you with information immediately. Same day results will not be produced and could take at least 14 business days.
Whether you notify us of your request via telephone, fax, postal mail, or by visiting our office in person, you need to choose one method of obtaining this information and remain consistent. For example, if you must make personal contact with our office, do not also fax or call our office. Multiple requests for the same information causes delays.
REQUEST SUBMISSION. You will need to leave your paperwork/forms with Community Standards along with your business card. Results will not be the same business day and could take at least 14 business days.
Relevant documentation can be emailed to community.standards@unh.edu or sent via postal mail with a stamped envelope for report to:
University of New Hampshire
Office of Community Standards
Hitchcock Hall (ground level)
5 Quad Way
Durham, NH 03824
Community Standards will not discuss specifics of a student's disciplinary history without first obtaining a signed release from the student, authorizing a designated official from our office to disclose their information. Parents and guardians are strongly encouraged to speak with their student ahead of time.
If a valid court order or subpoena is issued which compels the University to produce a student’s education record, the University shall immediately take steps to notify the student of this fact prior to release of the record, unless, in the case of a federal grand jury subpoena or other subpoena issued for a law enforcement purpose, the court or issuing agency has ordered the University not to disclose the existence or contents of the subpoena to the student.
