* The resources linked from this page are provided to NACADA members as a service. It is hoped that academic advisors will find the linked information helpful in familiarizing themselves with legal issues that may affect the practice of their profession.
Please note that legal advice must be tailored to the specific circumstances of each case; therefore this information will not substitute for advice from competent counsel. NACADA does NOT provide legal counsel nor answer legal questions.
- K-State FERPA Self Assessment, Kansas State University Qualtrics, 2017
- Email advising: Doing it wrong, doing it right, via Academic Impressions, 2013
- FERPA Checklist: What Can never Be Shared, via Academic Impressions, 2016
- FERPA and social media, via Higher Ed Teaching Strategies from Magna Publications, 2011
- Fuzzy understandings of FERPA, via Inside Higher Education, 2007
- The Family Rights and Privacy Act: 7 Myths — and the truth, via The Chronicle** April 18, 2008 article
- Compliance Office, via U.S. Department of Education Family Policy FERPA
- Family Educational Rights and Privacy Act (FERPA), via U.S. Department of Education
- FERPA Checklist: What Can Never Be Shared, via Academic Impressions, 2016
Frequently Asked Questions (FAQ):
Q. What exactly is involved if a student is misadvised? If it takes them an extra year to graduate because an advisor or faculty advisor told them something incorrect, can the university be sued? Is the requirement waived? Is the institution required to cover extra tuition or loss of possible salary?
First of all, I am not a lawyer. The law, specific state statutes, the type of institution (etc.) all have a bearing on possible litigation. Always consult a lawyer on issues such as the one raised above. It is virtually impossible to provide a thorough response to this question. The main issues here are:
nearly everything related to advising from a legal standpoint falls under contract law.
in contract law, if the issue is litigated and found on behalf of the student, the courts would make the college uphold (make good on) the contract. And, it is possible that the institution would be ordered to provide tuition, room/board, expenses, and an amount of foregone income BUT THAT IS A MATTER WHICH THE COURT DECIDES.
In contract law, there are no punitive damages. Those come about in tort law.
Many institutions have an individual who deals with academic exceptions and, in some cases, this individual can mediate a solution which eliminates the possibility of litigation.
'86-87 NACADA President
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*All commercial sites are member suggested; listing of commercial sites does not imply NACADA endorsement