OAR 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.