Protocol for informational inquiries about students

Dear Regis Community, 

In response to requests from members of our community and consistent with our community values of honoring the sacred dignity of all individuals and defending the marginalized, we present this protocol about responding to informational inquiries about our students which may include requests from ICE, law enforcement, or other third parties. Regis will continue to follow any changes in federal policies related to our DACA/undocumented students, and we will continue to stand in solidarity with our immigrant community. However, please be advised that Regis has not had contact with ICE in any capacity since 2006. Regis does not anticipate any ICE contact, and Colorado law enforcement are prohibited from collaborating with ICE without a warrant per CRS 24-76.6-102. 

All faculty and staff at Regis University are required to abide by the Family Educational Rights and Privacy Act (FERPA): a federal law that protects the privacy of current and former student education records. Student education records include any written or recorded information about students, including personally identifiable information, contact information, grades, medical records, student life records, and advising records. This means that faculty and staff are generally not permitted to share information with third parties outside of the Regis University community.

The University has appointed Campus Safety (x4122), Legal Counsel (x5387) and/or the Office of the Registrar (x4126) to respond to informational inquiries about students from ICE, law enforcement, or other third parties. Faculty and staff are not expected to and should not attempt to determine if they can legally release student education records or directory information. Requests for student information, or questions on this practice, should be referred to these offices. You may also refer to the FAQs following this letter.

Thank you for your diligence in adhering to federal FERPA guidelines and keeping our students safe.

Sincerely, 

Jake Bucher, Ph.D., Provost

Janelle Ramsel, J.D., Ph.D., Chief Legal Officer

Deb Vinnola, Registrar

Ed Perez, Director of Campus Safety

Nicki Gonzales, Ph.D., Vice Provost

FAQs: Responding to Third Party Questions About Students
 
What should I do if I am approached by members of law enforcement, ICE or FBI agents anywhere on or off campus asking about a student?
 
1.     Greet the officer/agent in a polite and courteous fashion.

2.     Refer the officer/agent to Campus Safety at 303-458-4122.

3.     Contact Campus Safety and make them aware of the referral to the office

4.     Do not identify the student or provide any information or details about the student
 
What if I receive a Subpoena or Order to Appear in Court related to a student?
 
1.     Send the subpoena or order to Legal Affairs, Mail Code A-20, Main Hall Room 131; jramsel@regis.edu

2.     Contact the Office of Legal Counsel 303-964-5387 and make them aware of the referral to the office.

3.     Please do not respond to the subpoena or otherwise appear in court without first communicating and coordinating with Legal Affairs. 
 
What information may I share with a third party asking for a reference about a student?
 
1.     With a release from the current or former student, you can share information about the student.

2.     If asked for information about the student by a third party, ask the third party to provide you with a release signed by the student (https://www.regis.edu/About-Regis-University/University-Offices-and-Services/Academic-Records-and-Registration/FERPA.aspx) to discuss the student.  Please keep the release and contact the Office of the Registrar at 303-458-4126 for guidance, especially if you don’t feel comfortable with the release.

3.     To ensure there is not an inadvertent breach of a student's request for directory information confidentiality, no one should volunteer a student's contact information or identify a student on campus to an unknown third party – only the Office of the Registrar should share this information.
 
What information does FERPA permit me to share about students?
 
1.     Under FERPA, student education records can only be shared with other Regis University officials – including instructors whom have legitimate educational interest in that information – or those who have been explicitly been granted permission to the student’s records through the Ranger Portal.

2.     FERPA prohibits any faculty or staff member from providing any information orally that he or she could not provide in writing.

3.     Absent an emergency or a waiver from the student, Regis faculty members and staff generally may not provide or discuss any student information with anyone who does not work for Regis University - including parents or members of law enforcement.

4.     As permitted by FERPA, Regis University may disclose to third parties directory information about students, which includes, among other things, a student's name,  class level, and major/minor field(s) of study.   (https://www.regis.edu/policies/ferpa) Students may elect to make their directory information confidential by following the directions on this form (https://www.regis.edu/_documents/policies-and-procedures/rp-proxy-guide-9-9-20.pdf) and submitting it to Academic Records and Registration. Any student concerned with their privacy should be encouraged to restrict their directory information.

5.     To ensure there is not an inadvertent breach of a student's request for directory information confidentiality, no one should volunteer a student's contact information or identity – only the Office of the Registrar may share this information.