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General Policies and Regulations - Privacy Rights of Students
Privacy Rights of Students in Education Records
The federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232 g) and regulations adopted thereunder (34 C.F.R. 99) set out requirements designed to protect students' privacy in their records maintained by the campus. The statute and regulations govern access to certain student records maintained by the campus and the release of such records. The law provides that the campus must give students access to records directly related to the student, and must also provide opportunity for a hearing to challenge the records if the student claims they are inaccurate, misleading, or otherwise inappropriate. The right to a hearing under this law does not include any right to challenge the appropriateness of a grade determined by the instructor. The law generally requires the institution to receive a student's written consent before releasing personally identifiable data about the student. The institution has adopted a set of policies and procedures governing implementation of the statutes and the regulations. Copies of these policies and procedures may be obtained at the Office of Enrollment Services or the Office of Judicial Affairs. Among the types of information included in the campus statement of policies and procedures are: (1) the types of student records maintained and the information they contain; (2) the official responsible for maintaining each type of record; (3) the location of access lists indicating persons requesting or receiving information from the record; (4) policies for reviewing and expunging records; (5) student access rights to their records; (6) the procedures for challenging the content of student records; (7) the cost to be charged for reproducing copies of records; and (8) the right of the student to file a complaint with the Department of Education. The Department of education has established an office and review board to investigate complaints and adjudicate violations. The designated office is: Family Policy Compliance Office, U.S. Department of Education, Washington, D.C. 20202-4605.
The campus is authorized under the Act to release “directory information” concerning students. CSULB designates the following items authorized by FERPA as Directory Information: student’s name, address (see below for conditions), telephone number (see below for conditions), e-mail address, photograph, date of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, grade level, enrollment status, degrees, honors, and awards received, and the most recent previous educational agency or institution attended by the student. Addresses and telephone numbers for currently enrolled students will be released to CSULB personnel and units solely for the purpose of conducting legitimate University business. They may not be shared with individuals or organizations outside the University except in accordance with the following provisions. Addresses and telephone numbers may be released for non-commercial use by individuals or organizations outside the University provided the requests for such information have been reviewed and approved by the appropriate University personnel. Requests from the academic offices of accredited educational institutions shall be reviewed by the Provost and Senior Vice President for Academic Affairs or designee. All other requests shall be reviewed by the Vice President for Student Services or designee. Otherwise, the University may disclose any of the items designated as “directory information” above without prior written consent, unless the student provides a request that certain information not be released (non-disclosure). Requests for non-disclosure may be made directly by the student utilizing their self-service account in the student system via the Internet. If the student does not have access to the Internet, their request for non-disclosure must be requested on the “Authorization to Withhold Student Information” form, available in the Office of Enrollment Services. Specifying items as directory information allows the University to disclose this information without prior written consent. It does not require that the University release the information except under court direction. In addition to the above, the Director of Athletics may provide information concerning participation of students in athletic events, including the height and weight of athletes. The University will also respond to requests for information regarding the employment status of students serving as Teaching Associates (TAs), Graduate Assistants (GAs), or Instructional Student Assistants (ISAs) and the departments that employ them.
The campus is authorized to provide access to student records to campus officials and employees who have legitimate educational interests in such access. These persons have responsibilities in campus’ academic, administrative, or service functions and have reason for accessing student records associated with their campus or other related academic responsibilities. Student records may also be disclosed to other persons or organizations under certain conditions (e.g., as part of accreditation or program evaluation; in response to a court order or
subpoena; in connection with financial aid; or to other institutions to which the student is transferring).
Career Placement Information
The Career Development Center office may furnish, upon request, information about the employment of students who graduate from programs or courses of study preparing students for a particular career field. Any such data provided must be in a form that does not allow fo the identification of any individual student. This information includes data concerning the average starting salary and the percentage of previously enrolled students who obtained employment. The information may include data collected from either graduates of the campus or graduates of all campuses in the California State University system.
Use of Social Security Number
Applicants are required to include their correct social security numbers in designated places on applications for admission pursuant to the authority contained in Section 41201, Title 5, California Code of Regulations, and Section 6109 of the Internal Revenue Code (26 U.S.C. 6109). The University uses the social security number to identify students and their records including identification for purposes of financial aid eligibility and disbursement and the repayment of financial aid and other debts payable to the institution. Also, the Internal Revenue Service requires the University to file information returns that include the student's social security number and other information such as the amount paid for qualified tuition, related expenses, and interest on educational loans. That information is used by the IRS to help determine whether a student, or a person claiming a student as a dependent, may take a credit or deduction to reduce federal income taxes.
Taxpayers who claim Hope Scholarship or Lifetime Learning tax credit will be required to provide the campus with their name, address, and Taxpayer Identification Number to the campus.
Student Grievance Procedure
The student grievance procedure at CSULB is intended to provide a formal, standardized means for students to seek redress concerning the actions of faculty members, administrators, or staff members of the university-actions that are unauthorized or unjustified and that adversely affect the status, rights, or privileges of the students. Further, the purpose is to establish due process and safeguards that will be followed by the university in the adjudication of grievances.
A grievance filed under this policy must be initiated within one year of the alleged violation. A grievance may not be filed on the basis of a student’s judgment of an instructor’s or administrator’s competence; such judgments are solely the province of the academic department involved or of the administrator’s supervisor.
The grievance procedure is not designed to replace open communication and understanding, which are vital to the academic process. The student may withdraw the grievance at any stage, at which point the process will immediately terminate. During all stages of the grievance, the burden of proof will be on the student.
The person or entity against whom the complaint is made is referred to in this document as the respondent. The initiator of the grievance is referred to as the grievant. For nonacademic matters, the term dean is also construed to refer to the responsible individual of comparable level-typically an associate vice president or vice president.
In the event that the respondent is at the level of dean or higher, the complaint should be directed to the responsible person at the next higher administrative level. If the chair or program director was directly involved in the original decision or denied the student an opportunity for due-process review at the local level, the student should seek informal resolution through the dean of the college (or designee).
If after ten instructional days beyond the initial informal meeting a satisfactory resolution is not reached, the department chair or program director will meet with the student grievant and the respondent. Within fifteen instructional days of that meeting, the chair or program director will complete an investigation of the allegations and will reach conclusion. The chair or program director shall promptly communicate the decision to the student and the respondent. If the grievant is not satisfied with the results of the informal process, he or she may initiate a formal grievance procedure by contacting the appropriate college dean (or designee) or the responsible person at the next nonacademic level within fifteen instructional days of the decision.
Informal Procedure Flowchart
Discovery of Greivance Action
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Student meets with department chair or the director --> Issue resolved; end of inquiry
(if non-faculty) unless the respondent is the chair or director.
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Issue not resloved; student meets with the dean or other --> Issue resolved; end of inquiry
approriate administrator.
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Issue not resolved; proceed to formal grievance.
Formal Procedures Flowchart
Students submits signed and dated statement of
grievance to appropriate administrator.
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Administrator reviews case --> Administrator renders decision; case over.
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Administrator forms hearing committee
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Hearing committee investigates case and then makes
recommendation to administrator.
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Administrator renders decision; case over.
Formal Grievance Procedure
To initiate the formal grievance procedure, the student is required to submit a written “statement of grievance” – a clear, concise, signed, and dated statement of events from the student’s perspective. The statement should provide enough information to present a complete understanding of the situation and of the remedy sought by the student.
A student initiates the formal procedures by submitting the statement of grievance to the appropriate department chair or program director. The chair or director will then submit a copy of the statement of grievance to the appropriate college dean or next appropriate higher administrative level and to the respondent. The respondent is required to submit a written response to the chair or program director with ten instructional days. The chair or program director will then provide a copy of the respondent’s reply to the grievant and to the college dean or next appropriate higher administrative level.
The dean or appropriate administrator has a period of ten instructional days to review the case, during which he or she may opt to seek additional information from the parties involved or from witnesses. By the end of that ten-day period, the dean or administrator will either (1) render a decision or (2) convene a College Hearing Committee to investigate further. The student shall have the right to request that a College Hearing Committee be convened.
College Hearing Committee
If required, a College Hearing Committee will consist of an administrator representing the dean, two faculty members elected from the Faculty Council of the appropriate College, a student representative elected from the Student Council of the appropriate College, a designee of the vice president for student services, and faculty adviser elected by the Academic Advising Council appropriate to the grievance. All meetings of the College Hearing Committee will be closed to the public, and no transcripts will be prepared. If the college hearing committee seeks evidence by means of personal testimony, the meeting at which such evidence is presented shall be conducted in the manner of any other academic committee meeting and is not considered a formal hearing. Both the grievant and respondent shall be given opportunities to present their views. There shall be no cross-examination.
The charge of a College Hearing Committee is to investigate and then to recommend to the dean a proposed resolution. The College Hearing Committee will review the grievance and, if necessary, forward supplemental queries to the respondent and to the department chair and program director involved – along with direction to submit written responses with twenty instructional days. Once the College Hearing Committee has received the written responses, it will review all available evidence, conduct deliberations, and then choose one of the three courses of action:
• Remand the grievance to the dean with a recommendation of immediate corrective action in favor of the grievant-based on sufficient evidence of a violation of (1) university regulation or policy or (2) principle of due process or (3) both.
• Defer a decision to allow for further investigation and gathering of evidence. In the case of such a continuation, both the grievant and the respondent will be notified in writing of the additional evidence required and whether that evidence should be provided in writing or in personal testimony.
• Dismiss the grievance based on a (1) lack of sufficient evidence of a violation of the university regulation or policy and (2) confirmation of adherence to principles of due process.
The College Hearing Committee will forward the recommendation to the dean. The dean will then make a decision and forward that decision to the respondent and grievant. If neither the respondent nor the grievant requests further review, then the grievance process ends.
If either party wishes to appeal the decision of the Dean, the appeal, in writing, may be made to the Provost (academic) or appropriate Vice President (non-academic). The appeal must be made within 10 instructional days of the dean’s decision. The Provost or Vice President will notify both parties of the appeal and convene a University Hearing Committee to investigate further.
University Hearing Committee
If required, a University Hearing Committee will consist of an administrator representing the Provost, three faculty members selected from the Panel on Professional Responsibility according to the procedures of that policy, and a student elected from the Associated Students, Inc. All meetings of the University Hearing Committee will be closed to the public, and no transcripts will be prepared. If the University Hearing Committee seeks evidence by means of personal testimony, the meeting at which such evidence is presented shall be conducted in the manner of any other academic committee meeting and is not considered a formal hearing. Both the grievant and respondent shall be given opportunities to present their views. There shall be no cross-examination.
The charge of a University Hearing Committee is to investigate and then to recommend to the Provost a proposed resolution. The University Hearing Committee will review the grievance and, if necessary, forward supplemental queries to the respondent and to the Provost – along with direction to submit written responses within twenty instructional days. Once the University Hearing Committee has received the written responses, it will review all available evidence, conduct deliberations, and then choose one of the three courses of action:
• Remand the grievance to the Provost with a recommendation of immediate corrective action in favor of the grievant-based on sufficient evidence of a violation of (1) university regulation or policy or (2) principle of due process or (3) both.
• Defer a decision to allow for further investigation and gathering of evidence. In the case of such a continuation, both the grievant and the respondent will be notified in writing of the additional evidence required and whether that evidence should be provided in writing or in personal testimony.
• Dismiss the grievance based on a (1) lack of sufficient evidence of a violation of the university regulation or policy and (2) confirmation of adherence to principles of due process.
The University Hearing Committee will forward the recommendation to the Provost. The Provost will then make a decision and forward that decision to the respondent and grievant. The University Hearing Committee shall function as the final level of this grievance process.
CSU Policies Concerning Student Discipline
Inappropriate conduct by students or by applicants for admission is subject to discipline as provided in Sections 41301 through 41304 of Title 5, California Code of Regulations. These sections are as follows:
41301. Expulsion, Suspension and Probation of Students
Following procedures consonant with due process established pursuant to Section 41304, any student of a campus may be expelled, suspended, placed on probation or given a lesser sanction for one or more of the following causes which must be campus-related:
(a) Cheating or plagiarism in connection with an academic program at a campus;
(b) Forgery, alteration or misuse of campus documents, records, or identification or knowingly furnishing false information to a campus;
(c) Misrepresentation of oneself or of an organization to be an agent of a campus;
(d) Willful, material and substantial obstruction or disruption, on or off university property, of the campus educational process, administrative process, or other campus function;
(e) Physical abuse on or off campus property of the person or property of any member of the campus community or of members of his or her family or the threat of such physical abuse;
(f) Theft of, or non-accidental damage to, campus property; or property in the possession of, or owned by, a member of the campus community;
(g) Unauthorized entry into, unauthorized use of, or misuse of campus property;
(h) On campus property, the sale or knowing possession of dangerous drugs, restricted dangerous drugs, or narcotics as those terms are used in California statutes, except when lawfully prescribed pursuant to medical or dental care, or when lawfully permitted for the purpose of research, instruction or analysis;
(i) Knowing possession or use of explosives, dangerous chemicals or deadly weapons on campus property or at a campus function without prior authorization of the campus president;
(j) Engaging in lewd, indecent, or obscene behavior on campus property or at a campus function;
(k) Abusive behavior directed toward, or hazing of, a member of the campus community;
(l) Violation of any order of a campus president, notice of which had been given prior to such violation and during the academic term in which the violation occurs, either by publication in the campus newspaper, or by posting on an official bulletin board designated for this purpose, and which order is not inconsistent with any of the other provisions of this Section;
(m) Soliciting or assisting another to do any act which would subject a student to expulsion, suspension or probation pursuant to this Section;
(n) Unauthorized recording, dissemination, and publication of academic presentations for commercial purposes. This prohibition applies to a recording made in any medium, including, but not limited to, handwritten or typewritten class notes.
(1) The term "academic presentation" means any lecture, speech, performance, exhibition, or other form of academic or aesthetic presentation, made by an instructor of record as part of an authorized course of instruction that is not fixed in a tangible medium of expression.
(2) The term "commercial purpose" means any purpose that has financial or economic gain as an objective.
(3) The term “Instructor of record” means any teacher or staff member employed to teach courses and authorize credit for the successful completion of courses.
(o) For purposes of this Article, the following terms are defined:
(1) The term “member of the campus community” is defined as meaning California State University Trustees, academic, nonacademic and administrative personnel, students, and other persons while such other persons are on campus property or at a campus function;
(2) The term “campus property” includes: (A) real or personal property in the possession of, or under the control of, the Board of Trustees of The California State University, and (B) all campus feeding, retail, or residence facilities whether operated by a campus or by a campus auxiliary organization.
(3) The term “deadly weapons” includes any instrument or weapon of the kind commonly known as a blackjack, sling shot, billy, sand-club, sandbag, metal knuckles, any dirk, dagger, switchblade knife, pistol, revolver, or any other firearm, any knife having a blade longer than five inches, any razor with an unguarded blade, and any metal pipe or bar used or intended to be used as a club;
(4) The term “behavior” includes conduct and expression;
(5) The term “hazing” means any method of initiation into a student organization or any pastime or amusement engaged in with regard to such an organization which causes, or is likely to cause, bodily danger, or physical or emotional harm, to any member of the campus community; but the term “hazing” does not include customary athletic events or other similar contests or competitions.
(6) The causes for discipline in this section shall, as appropriate, include computer-related crimes as provided in Section 502 of the Penal Code.
(p) This Section is not adopted pursuant to Education Code Section 89031;
(q) Notwithstanding any amendment or repeal pursuant to the resolution by which any provision of this Article is amended, all acts and omissions occurring prior to that effective date will be subject to the provisions of this Article as in effect immediately prior to such effective date.
41302. Disposition of Fees; Campus Emergency; Interim Suspension
The President of the campus may place on probation, suspend or expel students for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such students for the semester, quarter, or summer in which they are suspended or expelled will be refunded. If the students are readmitted before the close of the quarter, or summer session in which they are suspended, no additional tuition or fees will be required on account of the suspension.
During periods of campus emergency, as determined by the President of the individual campus, the President may, after consultation with the Chancellor, place into immediate effect emergency regulations, procedures, or measures deemed necessary or appropriate to meet the emergency, to safeguard persons and property, and to maintain educational activities.
The President may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension will be given prompt notice of charges and the opportunity for a hearing within ten days of the imposition of interim suspension. During the period of interim suspension, the student will not, without prior written permission of the President or designated representative, enter any campus of The California State University other than to attend the hearing. Violation of any condition of interim suspension will be grounds for expulsion.
41303. Conduct by Applicants for Admission
Notwithstanding any provision to the contrary, admission or readmission may be qualified or denied to any persons who, while not enrolled as students, commit acts which, were they enrolled as students, would be the basis for disciplinary proceedings pursuant to Sections 41301 or 41302. Admission or readmission may be qualified or denied to any persons who, while students, commit acts which are subject to disciplinary action pursuant to Section 41301 or Section 41302. Qualified admission or denial of admission in such cases will be determined under procedures adopted pursuant to Section 41304.
41304. Student Disciplinary Procedures for The California State University
The Chancellor will prescribe, and may from time to time revise, a code of student disciplinary procedures for The California State University. Subject to other applicable law, this code will provide for determinations of fact and sanctions to be applied for conduct which is a ground of discipline under Sections 41301 or 41302, and for qualified admissions or denial of admission under Section 41303; the authority of the campus President in such matters; conduct-related determinations on financial aid eligibility and termination; alternative kinds of proceedings, including proceedings conducted by a Hearing Officer; time limitations; notice; conduct of hearings, including provisions governing evidence, a record, and review; and such other related matters as may be appropriate. The Chancellor will report to the Board actions taken under this section.
The current University regulation on alcoholic beverages is stated in the CSULB Policies, Information and Regulations Handbook published by the Office of Student Affairs.
Additional detailed information relating to student discipline is available in the Office of Student Affairs, and from the Office of the Vice President for Student Services.
Administrative Action
Procedures and sanctions of the Office of Judicial Affairs are under the administration of the Vice President for Student Services and are conducted pursuant to the authority provided in Section 41301 of Title 5 of the California Code of Regulations. Copies of Section 41301 of Title 5 may be found in the University Catalog and the Campus Regulations available in the Office of Judicial Affairs. Copies of Chancellor’s Executive Order 628, “Student Disciplinary Procedures for the California State University” are also available upon request.
The Vice President for Student Services will report annually to the President and the Chair of the Academic Senate a summary of the charges concerning cheating and plagiarism brought before the Office of Judicial Affairs.
Judicial Affairs
The Office of Judicial Affairs (Brotman Hall - 377) provides assistance with the interpretation and enforcement of campus regulations. Complete copies of the CSULB Policies, Information and Regulations Handbook, including a listing of infractions which may result in student disciplinary action under Title 5, Section 41301, of the California Code of Regulations, “Probation, Suspension and Expulsion of Students,” are available in this office; also available are copies of Executive Order 628, “Student Disciplinary Procedures for The California State University.” General assistance and aid in directing individuals to the proper procedures, departments and personnel may be obtained in this office.
Alleged violations are investigated primarily through informal office conferences with the involved students. The conferences which are held as a result of impending disciplinary action are:
1. to clarify the referral, the charges, or the circumstances involved;
2. to prevent the incidence of, or further occurrences of, violations; and
3. to educate as a preventive experience and to indicate the possible consequences as a result of committing a violation. Discussion is centered on the cause-and-effect relationship of various courses of action and, when possible, alternate paths or solutions are explored.
Schedule of Fees 2006-2007
Legal residents of California are not charged tuition. The following reflects applicable systemwide fees and nonresident tuition for the semester system in which CSULB operates. The following fees represent Fall 2004 and Spring 2005 semesters. (Fees are subject to change without notice.)
Students who wish to drop units AND to simultaneously or subsequently add the same number of units to accomplish this exchange may do so without financial penalty in State University Fees, provided this exchange in units meets all other signature requirements. This activity may not occur later than 14 days from the first day of instruction.
Procedure for the Establishment or Abolishment of a Student Body Fee
The law governing the California State University provides that fees defined as mandatory, such as a student body association fee and a student body center fee, may be established. A student body association fee must be established upon a favorable vote of two-thirds of the students voting in an election held for this purpose (Education Code, Section 89300). A student body center fee may be established only after a fee referendum is held which approves by a two-thirds favorable vote the establishment of the fee (Education Code, Section 89304). The student body fee was established at CSULB by student referendum in April 7, 2000. The campus President may adjust the student body association fee only after the fee adjustment has been approved by a majority of students voting in a referendum established for that purpose (Education Code, Section 89300). The required fee shall be subject to referendum at any time upon the presentation of a petition to the campus President containing the signatures of 10 percent of the regularly enrolled students at the University. Once bonds are issued, authority to set and adjust student body center fees is governed by provisions of the State University Revenue Bond Act of 1947, including, but not limited to, Education Code, sections 90012, 90027, and 90068. Student body association fees support a variety of cultural and recreational programs, childcare centers, and special student support programs.
The process to establish and adjust other campus-based mandatory fees requires consideration by the campus fee advisory committee and a student referendum. The campus President may use alternate consultation mechanisms if he/she determines that a referendum is not the best mechanism to achieve appropriate and meaningful consultation. Results of the referendum and the fee committee review are advisory to the campus President. The President may also request the Chancellor to establish the mandatory fee.
For more information or questions, please contact Colleen Nickles, Senior Director of Financing & Treasury in the CSU Chancellor's Office, at (562) 981-4579 or cnickles@calstate.edu.
Tax Credits for Higher Education
The Taxpayer Relief Act of 1997 encourages postsecondary and continuing education by providing tax benefits to students and their families. Taxpayers can claim one, or in some cases, two of these new tax credits for expenses they pay for postsecondary education for themselves and their dependent children. These tax credits can directly reduce the amount of federal income tax for returns filed.
The Hope Scholarship Credit is available on a per-student basis for the first two years of postsecondary education. The maximum credit is $1,500 per student. It will be offered to students or parents who pay tuition and related expenses for attendance at least half-time in a degree-granting program.
The Lifetime Learning Credit provides a tax credit to parents and/or students of up to $2,000 of total annual educational expenses, per return.
Education expenses that are paid with tax-free grants, scholarships, are not eligible for either tax credit. Education expenses paid with loans are eligible for these tax credits. Interest paid on qualified student loans may also be deductible from taxpayer income. Interest can be taken as a deduction during the first 60 months (5 years) of repayment on student loan.
To assist you in taking advantage of these tax credits, the University will provide you with the following information:
• Form 1098T (Tuition Payments Statement) - This form must be submitted along with your federal tax return to claim these credits.
• Form W-9S (Request for Student’s or Borrower’s Social Security Number and Certification). This form should be completed and returned to the University, if your social security number is incorrect.
• Telephone inquiries at (562)985-4169
• Online at MyCSULB.edu
• In-person inquiries at Brotman Hall 155
• IRS Publication 970, Tax Benefits for Education www.irs.gov
Either your lender or loan servicer will provide interest deduction information to you. Those eligible will be provided with a 1098E form, which must be submitted along with your federal tax return to claim this deduction.
NOTE: The information described above, and the information available via mysculb or phone regarding the new tax benefits, is in general terms . Your ability to claim these tax benefits depends on your individual circumstances. We recommend that you consult a tax advisor to determine your personal eligibility.
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