Academic and Professional Standards
Each campus of Argosy University is committed to developing professionals who demonstrate high levels of integrity. All programs have been designed to be challenging and demanding. They require that students continually apply themselves to their academic program over an extended period of time.
Argosy University closely monitors student academic progress. Aspects of students’ personal adjustment, interpersonal relationships, and behavior in all settings are relevant to student progress. Argosy University endeavors to ensure that students realize their potential to become competent and ethical professionals.
Argosy University requires that all students meet the standards of the profession for which they are preparing. Students are expected to conduct themselves in a manner consistent with professional ethics at all times. Professional conduct requires the faithful discharge of all responsibilities undertaken during clinical training, field training, practicum, and internships, as well as the maintenance of respectful interpersonal relationships with all individuals.
Distribution of Copyrighted Material
Notice of Argosy University Policies to Comply with the Higher Education Opportunity Act of 2008
The unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject students and individuals to civil and criminal liabilities. Almost all of the music, movies, television shows, software, games and images found on the Internet are protected by federal copyright law. The owner of the copyright in these works has the right to control their distribution, modification, reproduction, public display and public performance. It is generally illegal therefore to use file sharing networks to download and share copyrighted works without the copyright owner’s permission unless “fair use” or another exemption under copyright law applies.
Fair use under the federal Copyright Act allows the use without permission of copyrighted material for the purpose of criticism, comment, news reporting or teaching under certain limited circumstances. There is no blanket exception from liability for students or employees of educational institutions, however, and whether the use of copyrighted material without permission falls within “fair use” or one of the other exceptions in the Act depends on a very detailed, case-by-case analysis of various factors. Students should be aware that sharing music, videos, software and other copyrighted materials is very likely not to be considered a ‘fair use” and therefore may be a violation of the law.
A violation of the institution’s policy for use of its information technology system can result in termination of network access for the student and/or other disciplinary action including removal of the student from the institution. Moreover, there are severe civil and criminal penalties for copyright infringement under federal law. A copyright owner is entitled to recover actual damages and profits resulting from an infringement, but also may recover statutory damages ranging from $750 to $30,000 per work for a non-willful infringement and up to $150,000 for a willful infringement, even if there is no proof of actual damages, in addition to court costs and reasonable attorneys’ fees. The government also can file criminal charges that can result in fines and imprisonment.
Argosy University policies in regard to copyright infringement via the Internet prohibit the illegal downloading or unauthorized distribution of copyrighted materials using the institution’s information technology system. Argosy University policies prohibit use of the Argosy University computer network to engage in illegal copying or distribution of copyrighted works such as by unauthorized peer-to-peer file sharing (i.e., the sharing of copyrighted works, typically in digital or electronic files, without permission.
Intellectual Property Policy
As a creative community of teachers, artists and scholars, Argosy University is committed to encouraging the creation of new works, new ideas, and new forms of creative and scholarly expression. This Policy on Intellectual Property is provided to protect the interests of those who create as well as the interests of Argosy University itself, which supports this creative and scholarly work.
I. Purpose and Scope
This document expresses Argosy University’s policy regarding ownership and usage rights with respect to Intellectual Property (as hereinafter defined). It covers all those who are a part of Argosy University – faculty, staff, students, visiting artists, visiting scholars, or other participants enrolled, employed or affiliated with Argosy University, and this Policy governs in all circumstances, unless Argosy University has modified it through a written agreement connected to a sponsored or commissioned work or as part of work under a grant or contract. Should there be any conflict between the provisions of this Policy and the terms of a separate written agreement between Argosy University and any party, the terms of that separate written agreement will govern. This Policy is not intended to limit “fair use” as defined by U.S. laws.
The following terms are used throughout the Policy and are defined as follows:
A. Copyright - Copyright is the intangible property right granted for a limited period of time by federal statute (Title 17 of the U.S. Code) for an original work of authorship fixed in any tangible form of expression. Copyright provides the owner with five exclusive rights, including the exclusive right to reproduce the work, to prepare derivative works based on the work, to distribute copies of the work to the public by sale or other transfer of ownership (or by rental, lease, license or lending), to display the work publicly and to perform the work publicly (if relevant).
B. Commissioned Work- A Commissioned Work is defined as a Work (as defined in paragraph K) that is produced or created pursuant to a written agreement with the Institution and for Institution purposes by (a) individuals not under the employ of the Institution or (b) Institutional Employees (as defined in paragraph D) acting outside the scope of their regular Institution employment, as determined by their existing Institution employment arrangement or contract.
C. Independent Academic Effort or Creative Activity- Independent Academic Effort or Creative Activity is defined as the inquiry, investigation, research, or creative activity that is carried out by faculty, staff and Students of the Institution working on their own, that advances knowledge or the development of the arts, sciences, humanities, or technology where the specific direction, methodology, and content of the pursuit is determined by the faculty, staff member(s), or Student(s) without the direct assignment, supervision, or involvement of the Institution.
D. Institutional Employee – An Institutional Employee is a full-time or part-time faculty member, visiting faculty, adjunct faculty, artist, scholar, or fellow (as defined in the Faculty Supplement to the Employee Handbook), or a full-time or part-time staff member (as defined in the Employee Handbook), or Student, who is employed by the Institution or who is working under an Institution contract, either expressed or implied.
E. Intellectual Property – Means: (i) trademarks, service marks, brand names, trade dress, assumed names, trade names, slogans, URLs, domain names, logos and other indications of source, sponsorship or affiliation, together with all associated goodwill (whether the foregoing are registered, unregistered or the subject of a pending application for registration); (ii) inventions, developments, improvements, discoveries, know how, concepts and ideas, whether patentable or not, in any jurisdiction; (iii) patents, patent applications and patent disclosures; (iv) trade secrets and proprietary or confidential information; (v) writings and other works of authorship, whether subject to copyright protection or not, in any jurisdiction, including but not limited to literary works (such as books, scholarly articles, journal articles and other articles, theses, research, course syllabi, curricula, exams, instructional and evaluation materials for classes, courses, labs or seminars, study guides, student rosters and attendance forms, grade reports, assessment of student work and projects, course or program proposals, software, data and databases, lecture and presentation materials); musical works (including any accompanying words); dramatic works (including any accompanying music); pantomimes and choreographic works; pictorial, graphic, and sculpture works (including graphic designs; illustrations, photographs, paintings, sculptures and other works of art); motion pictures and other audiovisual works (including films, audio and video recordings and multimedia projects); sound recordings; architectural works; and compilations; and (vi) copyrights, copyright registrations and applications for registration of copyrights in any jurisdiction.
F. Patent - A United States patent is a grant which gives the owner of the patent the right to exclude all others from making, using, or selling the claimed invention in the United States for a set period of time. Similar rights are granted in other countries, but the discussion of Patents in this Policy will focus specifically on United States patent rights.
G. Sponsored Work - Sponsored Work is a Work (as defined in paragraph K) that is produced or created under an agreement between the Institution and a sponsor which provides the Institution with ownership and/or usage rights to the Work and Intellectual Property produced under the agreement. Sponsored works do not include works created through independent academic effort or creative activity, even when based on the findings of the sponsored project, so long as an agreement does not state otherwise.
H. Student - A Student is a regularly registered, full- or part-time, undergraduate or graduate at the Institution, including students attending the Institution as “special status students”: e.g., as participants in Professional Institute for Educators (PIE), Continuing Education (CE), the Pre-College or Saturday programs, or in exchange programs or through special grants or fellowships.
I. Substantial Institutional Resources - Any substantial use of Institution equipment, facilities, time, personnel, or funds, and use of Institution resources that are not “commonly provided”, is considered a use of “Substantial Institutional Resources.” This use does not include resources commonly provided to Institution faculty and staff, such as offices, library facilities, basic artistic facilities, and everyday telephone, computer, and computer network support. However, substantial time spent in the use of these latter resources may constitute the use of “Substantial Institutional Resources.” Resources not considered “commonly provided” include specially procured equipment or space, additional staffing or personnel, utilization beyond normal work hours of Institution personnel, and monetary expenditures that require a budget. Faculty may use the basic artistic facilities unless use infringes on student use of those facilities for coursework.
J. Trademark and Service Mark - A trademark or service mark is any word, phrase, name, symbol, logo, slogan, device, or any combination thereof that is used in trade to identify and distinguish one party’s goods or services from those of others.
K. Work - The term “Work” as used in this Policy shall be defined to include all of the items identified in Sections (i), (ii), (iv) and (v) of the definition of Intellectual Property in paragraph E.
L. Work Made for Hire - A “Work Made for Hire” is defined as a Work (as defined in paragraph K) prepared by an employee within the scope of his or her employment.
Consistent with the Copyright Act of 1976, as amended, a Work Made for Hire under this Policy also includes a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
Examples of works made for hire include software programs created within the scope of an employee’s duties by a staff programmer, a newspaper article written by a staff journalist for the newspaper that employs him/her, and a musical arrangement or ditty written for a music company by a salaried arranger on its staff.
III. The Rights of the Creator of Intellectual Property
A. Faculty, Staff and Student Works
1. General Rule.
Subject to the exceptions noted in this Policy, as a general rule, Argosy University does not claim ownership of Intellectual Property developed through Independent Academic Effort or Creative Activity and that is intended to disseminate the results of academic research and scholarship, and/or to exhibit forms of artistic expression on the part of faculty, staff, and Students.
2. Exceptions to the General Rule.
Exceptions to the general rule set forth in III.A.1 above include Intellectual Property developed by faculty, staff, Students and Institutional Employees under any of the following circumstances:
(a) The Intellectual Property is developed as a Sponsored Work.
(b) The Intellectual Property is developed as a Commissioned Work.
(c) The Intellectual Property is developed using Substantial Institutional Resources.
(d) The Intellectual Property is developed by the creator within the scope of his or her employment with Argosy University and constitutes a Work Made for Hire.
(e) The Intellectual Property is developed by a creator who is assigned, directed or funded by Argosy University to create the Intellectual Property.
(f) The Intellectual Property is developed under a grant, program or agreement which provides Argosy University with ownership rights, in whole or in part, to the Intellectual Property.
Under the circumstances described in Section III.A.2(a) through (f) above, the Intellectual Property shall be owned by Argosy University (or by Argosy University and any other party as specified in any written grant, program or agreement).
The creator of any Intellectual Property that is or might be owned by Argosy University under this Policy is required to make reasonable prompt written disclosure of the Work to an officer designated by Argosy University’s Chancellor, and to execute any document deemed necessary by Argosy University to perfect legal rights in Argosy University and enable Argosy University to file applications for registration when desired.
3. Ownership Rights in Specific Types of Works.
For purposes of clarification and without limiting the general rule and exceptions set forth in Sections III.A.1 and 2 above, ownership rights in the following types of Works are allocated as set forth below:
(a) Curricular materials including course outlines, curricula, lesson plans, course handouts, PowerPoint and other presentation materials (in all forms and media), course content and syllabi are deemed to be Works Made for Hire and therefore all Intellectual Property associated therewith is owned by Argosy University. Likewise, student rosters, attendance forms, interim grade reports, and assessments of student projects, including all Intellectual Property associated therewith, belong solely to Argosy University.
(b) Unless developed under the circumstances set forth in Section III.A.2 (a) through (f), or a written agreement provides otherwise, scholarly articles and papers written for publication in journals, presentations and scholarly papers prepared for seminars and conferences, and personal lecture or teaching notes are typically not considered to be owned by Argosy University as Works Made for Hire or otherwise.
(c) If any Intellectual Property to be owned by Argosy University under Section III.A.2 (a) through (f) above is developed jointly with a non-Institution party, the parties respective ownership and usage rights in the resulting Intellectual Property shall be set forth in a written agreement.
(d) Where Intellectual Property is to be developed using Substantial Institutional Resources, authorized representatives of Argosy University will develop a written agreement with the user of those resources, which must be executed by the parties prior to use of the resources, to identify the nature and terms of the use, including possible reimbursements or other systems of compensation back to Argosy University.
(e) Unless a Work is developed under the circumstances set forth in Section III.A.2 (a) through (f), or a written agreement provides otherwise, all Intellectual Property created by faculty during sabbatical are owned by the faculty.
(f) Unless the Work is developed under the circumstances set forth in Section III.A.2 (a) through (f), or a written agreement provides otherwise, Intellectual Property created by a Student working on his or her own, or developed in the context of a course, is owned by the Student and Argosy University will not use the Student’s Work without the Student’s permission to do so.
(g) Students working on a project governed by an existing written agreement to which Argosy University is a party are bound by all terms of that agreement.
(h) Students hired to carry out specific tasks that contribute to Intellectual Property of Argosy University retain no rights of ownership in whole or in part to that Intellectual Property or to the Student’s contribution to that work.
(i) Students who wish to work collaboratively with Institutional Employees on projects which involve the creation of Works and Intellectual Property are required to sign and deliver an acceptable written agreement to Argosy University outlining their rights before commencing work on such projects. Either party has the right to initiate such agreement.
(j) The rights of Argosy University to a perpetual, worldwide license (exclusive or non-exclusive, as Argosy University deems necessary), to use and reproduce copyrighted materials for educational, research, and promotional purposes must be included in any agreement with a non- Institution sponsor.
B. Independent Contractor Works.
As a general rule, Argosy University will own Intellectual Property created by an independent contractor if a written agreement signed by the parties so provides, or Argosy University has specially ordered or commissioned the work and such work is designated as a Work Made for Hire in a signed written agreement between the parties. If Argosy University does not own the Intellectual Property created by an independent contractor, it shall have a right or license to use any Work produced by the independent contractor in the course of performance of the contract, in accordance with the parties’ agreement.
IV. Institution’s Usage Rights
To the extent that faculty, staff or Institutional Employees retain ownership of Work and Intellectual Property according to this Policy, Argosy University shall have a permanent, non-exclusive, worldwide, royalty free right and license to make educational use of such Work and Intellectual Property, including the right to use, reproduce, distribute, display, perform and modify (i.e. create derivative works) such Work and Intellectual Property in all forms and media now known or hereafter existing in connection with its curriculum, courses of instruction and educational programs, and any related accreditation or promotion of Argosy University. Where practicable, Argosy University will use best efforts to cite the creator of the Work if Argosy University exercises such usage rights.
V. Institution’s Marks
Intellectual Property comprised of or associated with Argosy University’s Trademarks and Service Marks, including but not limited to its name, logos, slogans, insignia, and other symbols of identity (collectively the “Marks”) belongs exclusively to Argosy University and/or its affiliates. This Policy is designed to protect the reputation of Argosy University and its affiliates, and to prevent the illegal or unapproved use of Argosy University’s Marks.
No Institution Mark may be used without the prior, written authorization of the appropriate authorities of Argosy University. However, faculty, staff, and Students may identify their status or professional affiliation with Argosy University as appropriate, but any use of Argosy University’s Marks in this regard must avoid any confusing, misleading or false impression of affiliation with, or sponsorship or endorsement by, Argosy University. No products or services may be marked, offered, sold, promoted or distributed with or under Argosy University’s Marks without Argosy University’s prior written permission and compliance with the licensing policies of Argosy University. All requests for use of Institution Marks must be submitted in writing to an officer designated by the Chancellor. The designated Institution officer retains information concerning what marks, names, logos, symbols, insignias, and related words, phrases, and images currently comprise Argosy University’s Marks.
VI. Substantial Use of Institution Resources
Although “Substantial Institutional Resources” is defined (see Section II. Terminology), it is acknowledged that such resources and their use may change over time, with changes in technology, physical infrastructure of Argosy University, modes of employment, etc. Therefore, this Policy allows the Argosy University Academic Council to review the definition of “substantial use” from time to time and implement any changes or clarification to the definitions which Argosy University deems necessary in order to establish an appropriate standard.
VII. Review Scheme
Questions concerning this Intellectual Property Policy should be addressed to the Vice President of Academic Affairs.
VIII. Reservation of Rights
Argosy University reserves the right at any time in its sole discretion to modify and/or make changes to the Policy as advisable or appropriate. Argosy University agrees, however, that it will endeavor to notify the entire Institution community through both print and electronic means of its intention to make modifications and/or changes to the Policy at least 30 working days prior to their enactment.
IX. Effective Date
This Policy supersedes any preexisting Intellectual Property policy of Argosy University and will remain in effect until modified or revoked by Argosy University. This Policy will be binding on all parties who create Intellectual Property after the effective date, and this Policy and other agreements that represent modifications to this Policy shall remain binding on such creators even after their relationship with Argosy University changes or terminates.
X. Governing Law
This Policy shall be governed by and interpreted under applicable federal laws pertaining to intellectual property and applicable state law, without regard to choice of law provisions.
Argosy University is committed to a process of continuous improvement in all operations of the institution, especially those related to improvements in student academic achievement. Using both direct and indirect measures, Argosy University regularly and formally assesses student learning on program outcomes which have been developed by faculty to reflect the skills, knowledge bases, and behaviors required of the profession, the accreditation standards where applicable, and the disciplines in which the degrees are offered. Argosy University also evaluates student perceptions of the services provided to support student learning. In addition to the ongoing assessment of individual students, these assessment and evaluation strategies occur at the class, program, campus, college, and institutional levels.
Argosy University believes that such ongoing analyses of students’ learning are central to the efficacy of its educational services and programs. The integration of the collective data and results generated by these assessment strategies form a significant portion of the information used to evaluate individual student and programmatic success in Argosy University’s programs. Further, this educational input on the outcomes of student learning and the various educational processes furnishes critical feedback to Argosy University’s planning process that closes the institutional effectiveness loop and is used on an ongoing basis to continuously enhance the quality of student learning at Argosy University.
Students should anticipate participating in a wide array of evaluation and assessment procedures throughout their educational careers. Students are expected to enter into these procedures openly and honestly in an effort to assist Argosy University in its continuous improvement processes.
Institutional Learning Outcomes for Argosy University
Approved April 17, 2012
1. Analytical Reasoning
Analyze issues objectively, interpret and synthesize data and ideas, and develop feasible, flexible, and creative solutions to real world problems.
2. Effective Communication
Identify audiences, assess information provided, interpret needs, and present relevant information using appropriate written, oral, and listening skills and media to meet the needs of the situation.
3. Information Competency
Gather, evaluate, and ethically use information from a variety of relevant technological and library resources to make decisions and take action.
4. Interpersonal Effectiveness
Develop individual and group interpersonal skills to improve and foster participation and interaction critical for achieving individual and group goals.
5. Personal and Professional Integrity and Ethical Behavior
Demonstrate a multi dimensional awareness of individual and social responsibility to act ethically and with integrity in a diverse, global society.
6. Professional Competence
Apply skills appropriate to program objectives and employ critical reasoning to contribute to one’s field and profession.
Philosophy of Education
The primary objective of Argosy University is to educate and prepare students for careers in professional fields. To achieve this, each campus provides an environment that integrates theory, training, research, and applications of the discipline. A faculty composed of individuals who are both practitioners and scholars guide students through coursework to enable them to meet the standards of their professions. Students are educated through training and practical experiences appropriate to their discipline, as well as through the study of a comprehensive academic curriculum.
Commitment to Diversity
Argosy University prepares students to serve populations with diverse social, ethnic, economic, and educational experiences. Both the academic and experiential curricula are designed to provide an environment in which students can develop the skills and attitudes essential to working with people from a wide range of backgrounds.
Argosy University does not discriminate on the basis of race, color, national origin, sex, gender, sexual orientation, disability, age, religion, genetic marker, or any other characteristic protected by state, local or federal law, in our programs and activities.
When a complaint is reported under the “Student Grievance Procedure for Internal Complaints of Discrimination and Harassment ” (see Section Two, Institutional Policies ) that discrimination or harassment is believed to have occurred, Argosy University will promptly and equitably investigate the claim or complaint.
Each campus has designated a staff member to handle inquiries and coordinate individual campus compliance efforts regarding the Non-Discrimination Policy.
Student Grievance Procedure for Internal Complaints of Discrimination and Harassment
Students who believe they have been subjected to discrimination or harassment in violation of the “Non-Discrimination Policy ” (see Section Two, Institutional Policies ) should follow the procedure outlined below. Students with complaints not related to discrimination or harassment should refer to the “Student Complaint Procedure ” (see Section Four, Student Rights and Responsibilities ) or, if regarding grades, to “Grade Appeal Procedures ” (see Section Seven, Academic Policies and Procedures ). Student complaints about Disability Services will be handled in accordance with this policy. The Student Grievance Procedure for Internal Complaints of Discrimination and Harassment is intended to provide a fair, prompt, and reliable determination about whether discrimination has occurred.
- Complainants are encouraged to file a written complaint as soon as possible after an alleged incident of discrimination has occurred. Any student who chooses to file a discrimination complaint should do so for non-academic matters with the Director of Student Services or for academic matters with the Vice President of Academic Affairs. The complaint should describe the alleged incident(s) and any corrective action sought. the complaint should be signed by the complainant.
- The Director of Student Services (or designee) or Vice President of Academic Affairs will investigate the allegations. Both the complainant and the accused will have an opportunity to meet and discuss the allegations with the investigator and may offer any witnesses in support of their position to the investigator during the course of the investigation. A student may be accompanied during investigation meetings and discussions by one person (family member, friend, etc.) who can act as an observer, provide emotional support, and/or assist the student in understanding and cooperating in the investigation. The observer may not be an attorney, unless otherwise required by local law. When evaluating complaints of sexual harassment, the Director of Student Services or Vice President of Academic Affairs will apply the preponderance of the evidence standard (for example, it is more likely than not that sexual harassment or violence has occurred) to determine the outcome. The investigator may prohibit from attending or remove any person who disrupts the investigation in the investigator’s sole discretion.
- The student who made the complaint and the accused shall be informed promptly in writing when the investigation is completed, no later than 45 calendar days from the date the complaint was filed. The student who made the complaint shall be informed if there were findings made that the policy was or was not violated and of actions taken to resolve the complaint, if any, that are related to him/her, such as an order that the accused not contact the student who made the complaint. In accordance with school policies protecting individuals’ privacy, the student who made the complaint may generally be notified that the matter has been referred for disciplinary action, but shall not be informed of the details of the recommended disciplinary action without consent of the accused.
- The decision of the Director of Student Services or the Vice President of Academic Affairs may be appealed by petitioning the Campus President’s office. The written appeal must be made within 20 calendar days of receipt of the determination letter from the Director of Student Services or the Vice President of Academic Affairs. The Campus President or his/her designee, will render a written decision on the appeal within 30 calendar days from the receipt of the appeal. The Campus President’s decision shall be final.
- Matters involving general student complaints will be addressed according to the “Student Complaint Procedure ” (see ).
For more information about your rights under the federal laws prohibiting discrimination, please contact the Office for Civil Rights at the U.S. Department of Education or visit the Web site at http://www.ed.gov/ocr.
Right to Change Requirements
Argosy University reserves the right to change the policies contained within this catalog from time to time. Accordingly, although notice is not required for a new policy to take effect, Argosy University will make reasonable attempts to notify students promptly of any policy changes through Web site or email postings, or other methods deemed appropriate by university administration.
Students will follow the degree requirements in effect at the time of their matriculation. However, a student who changes degree programs or fails to maintain continuous enrollment with an absence greater than one year (see Readmission Process After Withdrawal under Admission Policies) will be required to follow the Academic Catalog in effect at the time of matriculation. Furthermore, requirements of government agencies, accreditation agencies, and other regulatory bodies may influence a student’s degree requirements. Possible changes include, but are not limited to, graduation requirements, admission requirements, tuition, fees, curricula, and course content. Students are responsible for making themselves aware of any changes.
Argosy University does not guarantee third-party licensing/registering/certification. Outside agencies control the requirements for taking and passing licensing/registering/certification exams and are subject to change without notice to Argosy University.
Argosy University provides accommodations to qualified students with disabilities. The Disability Services office assists qualified students with disabilities in acquiring reasonable and appropriate accommodations and in supporting equal access to services, programs and activities at Argosy University.
Students who seek reasonable accommodations should notify the Disabilities Services Coordinator at their Argosy University campus of record of their specific limitations and, if known, their specific requested accommodations. Students will be asked to supply medical documentation of the need for accommodation. Classroom accommodations are not retroactive, but are effective only upon the student sharing approved accommodations with the instructor. Therefore, students are encouraged to request accommodations as early as feasible with the Disability Services Coordinator to allow for time to gather necessary documentation. If you have a concern or complaint in this regard, please contact the Director of Student Services. Complaints will be handled in accordance with Argosy University’s Student Grievance Procedure for Internal Complaints of Discrimination and Harassment under Section Two, Institutional Policies .
The Family Educational Rights and Privacy Act of 1974
The Family Educational Rights and Privacy Act of 1974, as amended (“FERPA”) sets out requirements designed to afford students certain rights with respect to their education records. In addition, it puts limits on what information Argosy University may disclose to third parties without receiving prior written consent from the student.
I. Procedure to Inspect Education Records
Students have the right under FERPA to inspect and review their education records. A student who wishes to inspect and review his/her records should submit a written request to the appropriate university official. The request should identify as precisely as possible the records the student wishes to inspect. If the requested records are subject to inspection and review by the student, arrangements for access will be made within a reasonable period of time but in no case more than 45 days after the request was made, and the student will be notified of the time and place where the records may be inspected. The university may require the presence of a university official during the inspection and review of a student’s records.
Certain limitations exist on a student’s right to inspect and review their own education records. Those limitations include, for example, the following: (i) financial information submitted by parents; (ii) confidential letters and recommendations placed in their files prior to January 1, 1975; (iii) confidential letters and recommendations placed in their files after January 1, 1975 to which the student has waived his or her right to inspect and review and that are related to the student’s admission, application for employment or job placement, or receipt of honors. In addition, the term “education record” does not include certain types of records such as, by way of example, records of instructional, supervisory, administrative, and certain educational personnel that are in the sole possession of the maker thereof, and are not accessible or revealed to any other individual except a substitute.
When a record contains personally identifiable information about more than one student, the student may inspect and review only the information that relates to him/her personally.
II. Disclosure of Educational Records
Argosy University generally will not permit disclosure of personally identifiable information from the records of a student without prior written consent of the student. Personally identifiable information is disclosed (some items are mandatory, some discretionary) from the records of a student without that student’s prior written consent to the following individuals or institutions or in the following circumstances:
- To Argosy University officials who have been determined by the university to have legitimate educational interests in the records. A university official is
- a person employed by the school or its corporate parent in an administrative, supervisory, academic or research, or support staff position. This includes, but is not limited to human resources and accounting staff for purposes of the tuition reimbursement plan; or
- a person employed by or under contract to the university to perform specific tasks, such as an auditor, consultant, or attorney, a person on the Board of Trustees, or a student serving on an official committee or assisting another university official.
Any university official who needs information about a student in the course of performing instructional, supervisory, advisory, or administrative duties for Argosy University has a legitimate educational interest.
- To certain officials of the United States Department of Education, the Comptroller General of the United States, the Attorney General of the United States, and state and local educational authorities in connection with state or federally supported educational programs.
- In connection with the student’s request for, or receipt of, financial aid necessary to determine the eligibility, amounts or conditions of financial aid, or to enforce the terms and conditions of the aid.
- To organizations conducting certain studies for or on behalf of the university.
- To accrediting commissions or state licensing or regulatory bodies to carry out their functions.
- To parents of a dependent student, as defined in Section 152 of the Internal Revenue Code.
- To comply with a judicial order or lawfully issued subpoena.
- To appropriate parties in health or safety emergencies.
- To officials of another school in which a student seeks or intends to enroll.
- To an alleged victim of a crime of violence or a nonforcible sexual offense, the final results of the disciplinary proceedings conducted by the university against the alleged perpetrator of that crime or offense with respect to that crime or offense.
- To persons in addition to the victim of a crime of violence or nonforcible sexual offense, the final results of the disciplinary proceedings described in paragraph 10 above but only if the university has determined that a student is the perpetrator of a crime of violence or non-forcible sexual offense, and with respect to the allegation made against him or her, the student has committed a violation of the institution’s rules or policies. (The university, in such instances, may only disclose the name of the perpetrator — not the name of any other student, including a victim or witness — without the prior written consent of the other student(s)).
- To a parent regarding the student’s violation of any federal, state, or local law or of any rules or policy of the university governing the use or possession of alcohol or a controlled substance if the school determines that the student has committed a disciplinary violation with respect to that use or possession, and the student is under 21 at the time of the disclosure to the parent.
- Directory information (see Section IV below).
- Student Recruiting Information as requested by the U.S. Military. Student recruiting information includes ONLY: name, address, telephone listing, age or date of birth, class level, academic major, place of birth, degrees received and most recent educational institution attended. It does not include and Argosy University will not provide: social security numbers, race, ethnicity, nationality, GPA, grades, low performing student lists, religious affiliation, students with loans in default, veteran’s status, students no longer enrolled. Students who opt out of the directory also opt out of student recruiting information.
III. Record of Requests for Disclosure
Except with respect to those requests made by the student themselves, those disclosures made with the written consent of the student, or to requests by or disclosures to Argosy University officials with legitimate educational interests and disclosures of directory information (or other exceptions described in the applicable regulations), Argosy University will maintain a record indicating the parties who have requested or obtained personally identifiable information from a student’s education records and the legitimate interests those parties had in requesting or obtaining the information. This record may be inspected by the student.
IV. Directory Information
Argosy University designates the following information as directory information. (Directory information is personally identifiable information which may be disclosed without the student’s consent):
- Student’s name
- Address: Local, email and Web site
- Telephone number (local)
- Date and place of birth
- Program of study
- Participation in officially recognized activities
- Dates of attendance
- Degrees and certificates awarded
- Most recent previously attended school
- Photograph of the student, if available
- Enrollment status (i.e., enrolled, continuing, future enrolled student, reentry, leave of absence, etc.)
- Student honors and awards received
- The height and weight of athletic team members
Notice of these categories and of the right of an individual in attendance at Argosy University to request that his/her directory information be kept confidential will be given to the student annually. Students may request nondisclosure of student directory information by specifying nondisclosure, in writing, to the campus director of Student Services or Registrar. Failure to request nondisclosure of directory information will result in routine disclosure of one or more of the above-designated categories of personally identifiable directory information.
V. Correction of Educational Records
Students have the right under FERPA to ask to have records corrected which they believe are inaccurate, misleading, or in violation of their privacy rights. The following are the procedures for the correction of records:
- A student must ask the campus director of Student Services or Registrar to amend a record. As part of the request, the student should identify the part of the record they want to have changed and specify why they believe it to be inaccurate, misleading, or in violation of his/her privacy rights.
- Argosy University may either amend the record or decide not to amend the record. If it decides not to amend the record, it will notify the student of its decision and advise the student of the right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s privacy rights.
- Upon request, Argosy University will arrange for a hearing and notify the student reasonably in advance of the date, place, and time of the hearing. The hearing will be conducted by an individual who does not have a direct interest in the outcome of the hearing. That individual may be an official of Argosy University. The student shall be afforded a forum for the opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. The student may be assisted by other people, including an attorney.
- Argosy University will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence, and the reasons for the decision.
- If, as a result of the hearing, Argosy University decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it will (a) amend the record accordingly; and (b) inform the student of the amendment in writing.
- If, as a result of the hearing, Argosy University decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights the student, it shall inform the student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the school.
- If a statement is placed in the education records of a student under paragraph 6 above, Argosy University will:
- maintain the statement with the contested part of the record for as long as the record is maintained; and
- disclose the statement whenever it discloses the portion of the record to which the statement relates.
VI. Student Right to File Complaint
A student has the right to file a complaint with the United States Department of Education concerning alleged failures by Argosy University to comply with the requirements of FERPA. The name and address of the governmental office that administers FERPA is:
Family Policy Compliance Office
United States Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202 – 4605
According to regulations published by the US Department of Education based on the Student Right-to-Know act, the graduation/completion rates for first time, full-time students who entered school in 2004 and who graduated/completed within 150 percent of the normal time to complete the program is 50%. It was not until the 2007-2008 academic year that enrollment of first-time, full-time freshmen was expanded to additional Argosy University campuses beyond the Argosy University, Twin Cities campus. Campuses other than Argosy University, Twin Cities do not have any first-time full-time students who started in 2004 and could have graduated yet, and therefore, did not have any data to be included in the rate.
According to regulations published by the US Department of Education, the retention rate of certificate or degree seeking first time, undergraduate students must be made available to all enrolled students and prospective students. This information may be obtained in the Student Services department.
Every student and Argosy University agrees that any dispute or claim between the student and Argosy University (or any company affiliated with Argosy University, or any of its officers, directors, trustees, employees or agents) arising out of or relating to a student’s enrollment or attendance at Argosy University whether such dispute arises before, during, or after the student’s attendance and whether the dispute is based on contract, tort, statute, or otherwise, shall be, at the student’s or Argosy University’s election, submitted to and resolved by individual binding arbitration pursuant to the terms described herein. This policy, however, is not intended to modify a student’s right, if any, to file a grievance with any state educational licensing agency.
Either party may elect to pursue arbitration upon written notice to the other party. Such notice must describe the nature of the controversy and the remedy sought. If a party elects to pursue arbitration, it should initiate such proceedings with JAMS, which will serve as the arbitration administrator pursuant to its rules of procedure. JAMS can be contacted as follows: JAMS, 45 Broadway, 28th Floor, New York, NY, 10006, www.jamsadr.com, 800.352.5267. This provision does not preclude the parties from mutually agreeing to an alternate arbitration forum or administrator in a particular circumstance. If either party wishes to propose such an alternate forum or administrator, it should do within twenty (20) days of its receipt of the other party’s intent to arbitrate.
Argosy University agrees that it will not elect to arbitrate any undividable claim of less than the relevant jurisdictional threshold that a student may bring in small claims court (or in a similar court of limited jurisdiction subject to expedited procedures). If that claim is transferred or appealed to a different court, however, or if a student’s claim exceeds than the relevant jurisdictional threshold Argosy University reserves the right to elect arbitration and, if it does so, each student agrees that the matter will be resolved by binding arbitration pursuant to the terms of this Section.
IF EITHER A STUDENT OR ARGOSY UNIVERSITY CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL, TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES, OR OTHERWISE TO LITIGATE THE DISPUTE OR CLAIM IN ANY COURT (OTHER THAN IN SMALL CLAIMS OR SIMILAR COURT, AS SET FORTH IN THE PRECEDING PARAGRAPH, OR IN AN ACTION TO ENFORCE THE ARBITRATOR’S AWARD). FURTHER, A STUDENT WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT A STUDENT OR ARGOSY UNIVERSITY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The arbitrator shall have no authority to arbitrate claims on a class action basis, and claims brought by or against a student may not be joined or consolidated with claims brought by or against any other person. Any arbitration hearing shall take place in the federal judicial district in which the student resides. Upon a student’s written request, Argosy University will pay the filing fees charged by the arbitration administrator, up to a maximum of $3,500 per claim. Each party will bear the expense of its own attorneys, experts and witnesses, regardless of which party prevails, unless applicable law gives a right to recover any of those fees from the other party. If the arbitrator determines that any claim or defense is frivolous or wrongfully intended to oppress the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party (including arbitration administration fees, arbitrators’ fees, and attorney, expert and witness fees), to the extent such fees and expenses could be imposed under Rule 11 of the Federal Rules of Civil Procedure.
The Federal Arbitration Act (FAA), 9 U.S.C. §§ 1, et seq., shall govern this arbitration provision. This arbitration provision shall survive the termination of a student’s relationship with Argosy University.