Student Rights & Advisors Legal Responsibilities
Student Judicial Policies and Procedures
All advisors, and all members of the CSUN community, should be familiar with the policies governing behavior on the campus.
Course Syllabus
The syllabus inform the students about the requirements, content and methodology of the university’s undergraduate curricula, all faculty teaching undergraduate courses will distribute a written syllabus to each student in the course and/ or post it online no later than the second week of classes. The syllabus should contain the following information:
- Course objective(s)
- A brief list or summary of topics or projects
- A written guidance relative to assignments, requirements and grading including whether or not the plus/ minus system will be used
- Contact information (instructor’s name, office hours, office location, and campus phone number)
Students' Right to Privacy
Legally, students' educational records are considered confidential. Release of student information is governed by FERPA (The Family Educational Rights and Privacy Act of 1974 also known as "The Buckley Amendment"). {SEE Appendix B in the catalog, p.520 .}
Academic advisors are required by FERPA to follow these guidelines:
If a parent requests information about a son or daughter, you should first check with the Registrar's Office to determine if the student has declared "independent status." Unless a student notifies the Registrar's Office in writing to the contrary, CSUN considers all undergraduate students to be dependents of their parents. However, if a student has declared "independent status," no information can be released to the parent without the student's written consent.
Be careful about giving information out over the telephone. It may be difficult to determine the identity of the caller. Therefore, whenever possible, discussions about students' educational records should occur in person. If you must use the telephone, you need to take measures to ensure the identity of the person calling. For example, you could take the caller's phone number, confirm it with the Registrar's Office, and then call the parent back.
Grades cannot be posted by student ID number, Social Security number, or by name. It is not legal to post grades in this manner.
Because a student-advising file is considered an official file, the advisor must, upon request, allow a student to view his/her file. Personal notes by the advisor made during advising sessions may be excluded. You may allow a colleague who will temporarily perform advising duties for a student to see your personal notes related to that student; however, all personal notes from a student's advising file should be removed in cases where advisor and/or major are changed.
In addition, Directory Information, which includes name, address, telephone number, date and place of birth, major, athletic activities, attendance, and degrees and awards received, is not subject to confidentiality restrictions unless a student has refused to have such information distributed by the university. If a student has not restricted such information, then you may share Directory Information with parents, employers, or other third parties.
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Nondiscrimination Policy and Student Conduct
Policy Against Racial and Sexual Harassment
It is essential that the entire University community recognize the need for an awareness of, sensitivity to, and respect for the cultural heritage, gender, and sexual orientation of others. An individual’s or group’s actions or activities which promote degrading or demeaning social stereotypes based on race, age, ethnicity, national origin, gender, sexual orientation, religion, or disability will not be tolerated. Any student who commits acts of sexual or racial harassment manifested by acts of physical abuse, threats of physical abuse, verbal abuse, and/ or hazing activities may be subject to suspension or expulsion from the University. {SEE Appendix C in the catalog, 521 .}
Policy On Sexual Assault and Acquaintance Rape
California State University, Northridge will not tolerate sexual assault in any form, including date/ acquaintance rape. Every allegation of sexual assault will be taken seriously. The University will pursue strong disciplinary action including the possibility of suspension and dismissal or termination from the University.
Any employee, student or other person at California State University, Northridge who commits a rape or other crime of a sexual nature specified in the California Penal Code can be criminally prosecuted.
Nondiscrimination on the Basis of Race, Color, National Origin, and Disability
No person shall, on the basis of race, color, national origin, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program California State University. The California State University does not discriminate on the basis of disability in admission or access to, or treatment or employment in, its programs and activities.
Nondiscrimination on the Basis of Age
The Age Discrimination Act of 1975 states that no person in the US shall, on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
Nondiscrimination on the Basis of Sex
Title IX of the Education Amendments of 1972, prohibit discrimination on the basis of sex in education programs and activities operated by California State University, Northridge.
Marital Status, Religion, or Sexual Orientation
By CSU Board of Trustees policy, the California State University does not discriminate on the basis of marital status, religion, or sexual orientation.
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Legal Considerations (Schubert and Schubert, 1983; Young, 1984)
Courts recognize the academic freedom which protects academic decisions, including advising decisions. However, courts will intercede if a decision is clearly arbitrary or if students are denied their protective rights. Courts have ruled that:
- Advising is an implied contract between a student and an institution.
- Terms prescribed by the institution for graduation are binding.
- Additional requirements may not be placed upon a student after the student completes those requirements that were outlined for the student by proper officials.
Catalogues, bulletins, and handbooks of an institution constitute a contractual relationship between the student and the institution. With this relationship, obligations are placed on both parties and the contract could be judicially enforced. Therefore, emphasis is placed on the quality of advising to enhance retention, which results in additional responsibilities assigned to you, the advisor.
You serve as the university's representative. Moreover, the student has the right to rely upon information you provide. You should make informed suggestions based on knowledge and experience, and you should provide recommendations from the written publications of the university. You provide information so that a student can make informed decisions, but the publications that list the rules and regulations of the university constitute the terms of the contract between the student and the university. Your responsibility is to advise, and the final decision lies with the student.
When working with a student to develop a program that meets his needs and satisfies degree requirements, you must ensure that there is no deceit, no fraud, and no misrepresentation in the information provided.
In general, you will not be personally liable for an advising error unless there is evidence of negligence, irresponsible behavior, or arbitrary treatment of a student. A good suggestion would be to maintain accurate advising records in order to protect against claims of incorrect advising.
FERPA : The federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) and regulations adopted there under (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 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 an opportunity for a hearing to challenge such if the student claims they are inaccurate, records on the grounds that they are inaccurate, misleading or otherwise inappropriate. The law generally requires the institution to receive a student’s written consent before releasing personally identifiable data about the student. (See Catalog for more information. See appendix for form.) .