FERPA applies to educational records

FERPA applies to educational records - FERPA applies to...

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FERPA applies to educational records, not every detail regarding a student. Putting aside ethical considerations, stating that “Linda Behrens” submitted a plagiarized paper” does not violate FERPA. Saying “Linda Behrens” will receive a failing grade for submitting a plagiarized paper” does, since it indicates the grade to be received. Ethical issues aside, the act of publishing the names seems like both a public disclosure of private facts and a FERPA violation. First and foremost it needs established whether plagiarism should be treated as a crime (breaking of the law) or unethical practice (breaking of agreed upon principles). If it is the second then it would require the matter to be dealt with the requisite confidentiality that accompanies handling of student performance information. Irrespective of what is laid out in the Syllabus, it cannot be treated as a contract or legal agreement (unless the student reads it before registering for a class, and accepts that agreement prior to registration). Barring such a case by case basis legal agreement, the university policies (not laws) are the only ones can be followed [Note - the student on admission agrees to adhere to the university policies as published in the catalog, etc. but provides no such agreement to individual syllabus and conditions stated in it]. However, if plagiarism is a crime defined by state/federal law then the student's actions ought not to be treated any differently from that of a criminal. My question is if the plagiarism is based on copyrighted material and violates the law, does a professor have the right to bring the case or does that right belong only to the owner of the copyrighted material? The problems with Mr. Young's actions are due process rights and student privacy laws. Universities have processes and policies about the processes for what to do when a faculty member suspects cheating, plagiarism, etc. in classwork. If a faculty member doesn't follow the policy, they violate the due process rights of the student. The federal government passed FERPA (aka Buckley Amendment) to protect student privacy regarding school work and other issues (see http://en.wikipedia.org/wiki/Family_Educational_Rights_and_Privacy_Act). Faculty cannot post grades in the hallway that would allow someone to be able to determine who got what grade (except for their own). Thus, one cannot post on a website the names of students who have failed an assignment. Young saying that he “violated the Family Educational Rights and Privacy Act, a federal law known widely as the Buckley Amendment or FERPA, which generally bars the release of educational records about students without their permission”. At this point it became about a professors ego versus a student’s protest. I was able to convince that
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This note was uploaded on 04/10/2010 for the course ACCOUNTING 122 taught by Professor Dick during the Spring '10 term at American Academy of Art.

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FERPA applies to educational records - FERPA applies to...

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