Or. Admin. R. 589-004-0350 - Right to a Hearing to Challenge Content and Conduct of a Hearing
(1) A college shall
give a student, on request, an opportunity for a hearing to challenge the
content of the student's education records on the grounds that the information
contained in the education records is inaccurate, misleading, or in violation
of the privacy or other rights of the student.
(2) If, as a result of the hearing, the
college decides that the information is inaccurate, misleading, or otherwise in
violation of the privacy or other rights of the student, it shall:
(a) Amend the record accordingly; and
(b) Inform the student of the
amendment in writing.
(3) If, as a result of the hearing, the
college decides that the information in the education record is not inaccurate,
misleading, or otherwise in violation of the privacy or other rights of the
student, it shall inform the student of the right to place a statement in the
hearing record commenting on the contested information in the record or stating
why he or she disagrees with the decision of the college, or both.
(4) If a college places a statement in the
record of the hearing under section (3) of this rule, the college shall:
(a) Maintain the statement with the contested
part of the record for as long as the record is maintained; and
(b) Disclose the statement whenever it
discloses the portion of the record to which the statement relates;
(c) Electronic student records shall be
flagged to indicate a contested case hearing record exists.
(5) The hearing required by
section (1) of this rule must meet at a minimum the following requirements:
(a) The college shall hold the hearing within
a reasonable time after it has received the request for the hearing from the
student;
(b) The college shall
give the student notice of the date, time, and place reasonably in advance of
the hearing;
(c) The hearing may
be conducted by any individual, including an official of the college, who does
not have a direct interest in the outcome of the hearing;
(d) The college shall give the student a full
and fair opportunity to present evidence relevant to the issues raised under
this rule. The student may, at his or her own expense, be assisted or
represented by one or more individuals of his or her own choice, including an
attorney;
(e) The college shall
make its decision in writing within a reasonable period of time after the
hearing;
(f) The decision must be
based solely on the evidence presented at the hearing, and must include a
summary of the evidence and the reasons for the decision.
Notes
Stat. Auth.: ORS 326.051, 341.015 & 341.290(17)
Stats. Implemented: ORS 341.290
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