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FERPA - Possible instructor violation

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debdeen

Junior Member
What is the name of your state (only U.S. law)? Washington

My son is currently in college, Washington state. One of his classes during fall semester required a take-home final. He finished the document and turned it in at the designated place, the instructor's mail cubby in the dept. office. The final was never received by the instructor. He has proven that the document was created and printed out before the deadline date and time, but she says it was never in her box. Questions: 1) Is the take-home final part of the student's educational record? and 2) Has the instructor violated FERPA student rights of privacy by not providing a secure location for receipt of his final? Thank you.
 


Zigner

Senior Member, Non-Attorney
I can create you a document with any creation date/time & printing date/time that you want.

That really doesn't prove anything.

ETA: Your story, as presented, doesn't seem to show any violation of FERPA.
 

Humusluvr

Senior Member
What is the name of your state (only U.S. law)? Washington

My son is currently in college, Washington state. One of his classes during fall semester required a take-home final. He finished the document and turned it in at the designated place, the instructor's mail cubby in the dept. office. The final was never received by the instructor. He has proven that the document was created and printed out before the deadline date and time, but she says it was never in her box. Questions: 1) Is the take-home final part of the student's educational record? and 2) Has the instructor violated FERPA student rights of privacy by not providing a secure location for receipt of his final? Thank you.
The final is not part of the educational record. The final GRADE for the class would be, so if the take-home final affected the final grade, it becomes part of an educational record.

The mail cubby would be an appropriate place to turn in a final, granted that there is a department secretary in the office. Being that there is a person making sure one student doesn't go in and pull all the papers - it would be secure. This actually could be your argument to the professor - "One of the other students could have removed it, so please let me submit it directly to you." If I were going to have students place something in my mailbox, I would have my department secretary time/date stamp them and keep a log of the names of students who submitted papers. That professor did follow a kind of "on your honor" path.

FERPA would be if the professor posted all the grades on the office door for all the students to see.
 

stealth2

Under the Radar Member
The final is not part of the educational record. The final GRADE for the class would be, so if the take-home final affected the final grade, it becomes part of an educational record.

The mail cubby would be an appropriate place to turn in a final, granted that there is a department secretary in the office. Being that there is a person making sure one student doesn't go in and pull all the papers - it would be secure. This actually could be your argument to the professor - "One of the other students could have removed it, so please let me submit it directly to you." If I were going to have students place something in my mailbox, I would have my department secretary time/date stamp them and keep a log of the names of students who submitted papers. That professor did follow a kind of "on your honor" path.

FERPA would be if the professor posted all the grades on the office door for all the students to see.
Well, no, this could NOT be OP's argument to the prof. It should be her son's. Time to untie the apron strings, OP.
 

Humusluvr

Senior Member
Well, no, this could NOT be OP's argument to the prof. It should be her son's. Time to untie the apron strings, OP.
Agreed. Actually, part of FERPA is that professors are not supposed to have any contact with the parents of students unless a waiver is signed. Whenever I get emails from parents, I have to email them back that I can't even legally tell them if the student is enrolled there. The students are over 18, therefore, should be taking care of their own educational decisions.
 

stealth2

Under the Radar Member
And that's really how it should be.

Believe me - I KNOW it's hard as a parent to let them go. My son is a freshman this year. I know when he was still in HS, there were parents who were constantly on the teachers for unfair this and not right that. And it was HARD not to do the same. But once they get to college? They need to do these things themselves (one reason why I was so hands off his last year and a bit in HS - he needed to learn how to handle his own stuff.) As a college student? He would be embarrassed if I felt it appropriate to do anything in this situation.

At the end of the day, though... we should want our children to be self-sufficient. It's too bad that OP has apparently not provided those tools to her son. She should not even be in the picture at this point.
 

Humusluvr

Senior Member
I wouldn't even have a problem with mom doing some research, if it didn't seem like she was going to fight the battle too. I have been really lucky to only have to have dealt with a few parents over-stepping their boundaries. Some asked if they could meet with me or have my cell phone number. I have close to 700 students - can you imagine that? Because what you do for one, you have to do for all of them....
 

stealth2

Under the Radar Member
The ONLY time I would contact one of my kid's profs (and then I would likely be contacting all of them) would be if there were some mental health issues going on. Other stuff? I expect him to handle. And again - it's not easy to let go.

I do understand from the other side, too. My ex is an academic. So I was privy to the letters, emails, etc. that he got from helicopter parents.
 

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