Section 132J-164-080. Exclusion.

(1) Exclusions from the category of educational records and therefore from the effects of the Buckley amendment's requirements for inspection and disclosure are:

(a) Records generated and maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in his/her capacity,

(b) Records made and maintained by a law enforcement unit of an educational institution solely for the purpose of law enforcement,

(c) Records of instructional, supervisory, and administrative personnel which are in the sole possession of the maker thereof,

(d) Records relating to an individual who is employed by the institution other than as a result of his/her student status, and

(e) All records developed prior to January 1, 1975, letters of recommendation made prior to January 1, 1975, or written with assurance of confidentiality, and all records which have been obtained in accordance with the proper procedures, shall be exempt from this policy and not subject to access by the student.

(2) These records may only be reviewed by a physician or certified appropriate professional of mutual agreement by the student and the administrative unit managing the record for the college. If no mutual agreement can be reached, the president of the college shall select an appropriate person to review the record.

[Order 77-3, § 132J-164-080, filed 8/30/77.]

Order 77-3, § 132J-164-080, filed 8/30/77.