What Every Student in Arkansas Needs to Know About Attending College

Enrolling in higher education for the first time can be a daunting task, and students attending Arkansan colleges and universities have legal rights they should be aware of as they start this new chapter in their lives.

Hazing is Illegal 

Not only is hazing dangerous, it is against the law. Arkansas Code Section 6-5-202 states, a student, alumnus, volunteer, or employee of any institution of higher education in Arkansas shall not knowingly engage in hazing or encourage, aid, or assist any other student, alumnus, volunteer or employee in hazing. Hazing can take many forms, be it “subtle” (such as depriving new members of sleep and restricting new members’ freedom to communicate), “harassing,” or even “violent” (like paddling or whipping). In Arkansas, hazing is a Class B misdemeanor, punishable by up to 90 days in jail and a $1,000 fine (in addition to sanctions imposed by the educational institution).

If you or a loved one is a student who has experienced hazing in an educational context, The Law Group of Northwest Arkansas PLLC can help. Contact The Law Group of Northwest Arkansas PLLC to schedule a free, initial consultation. You can also contact us by using our online contact form or call (479) 439-9769.

Student Privacy & FERPA

What is FERPA?

The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law that protects the privacy of student educational records, including personal information, grades, enrollment records, and class schedules. Generally, a college or university requires written permission from a student to disclose this information to other individuals, including a student’s parents. There are, however, limited exceptions to consensual disclosure, such as health and safety emergencies and for specific individuals gaining information for audit/evaluation purposes. Barring these exceptions, college students have the right to refuse their educational institution’s demands to release their educational records to unauthorized parties. Students also have the right to file a complaint with the U.S. Department of Education Student Privacy Policy Office (SPPO) if they believe their rights have been violated.

What happens when I file a complaint?

When a complaint is submitted, it enters the intake phase of the SPPO’s investigatory process. During this time, a case worker will review the complaint to determine whether the facts presented support a possible FERPA violation. Following the intake phase, one of three things may happen:

1. Dismissal – When the facts in the complaint do not support a potential FERPA violation, the SPPO will dismiss the complaint.
2. Informal Mediation/Resolution Assistance – The SPPO may step in to function as a mediator between the educational institution and the parent/eligible student filing the complaint.
3. Formal Investigation – If the SPPO determines the facts support a potential FERPA violation, it will send a written notice to the educational institution notifying the institution of its investigation and requesting a written response from the institution. Once the institution responds, the SPPO will review the requested supplemental information as well as relevant statutory and regulatory requirements to determine if a violation has occurred. Following the SPPO’s investigation, both parties will be notified of the SPPO’s findings and the bases for those findings.

What corrective action may be taken?

Following a FERPA violation by an educational institution, the SPPO will require the institution to revise their policies and procedures to be in accordance with FERPA regulations. To ensure these policies and procedures are effectuated, the SPPO will require the institution to participate in mandatory trainings to bring it into compliance with FERPA. Following the completion of these trainings, the complaint will officially be closed.

Important to note is that FERPA does not recognize private causes of action for violations. In other words, students do not have the right to sue their colleges or universities for FERPA violations. Even though students may not be able to sue, bringing a violation complaint through the U.S. Department of Education can prevent future incidents of improper disclosure, thereby protecting students’ rights to privacy.

If you believe your FERPA rights have been violated, the first step to recovery is filing a written complaint with the SPPO within 180 days of the date when you knew of or reasonably should have known of the violation. Your complaint must state clearly and succinctly specific allegations of fact giving reasonable cause to believe your school has violated FERPA. Only a parent, an eligible student, or an attorney acting on their behalf may file a complaint. For help navigating this process, contact The Law Group of Northwest Arkansas PLLC to schedule a free, initial consultation. You can also contact us by using our online contact form or call (479) 439-9769.

Power of Attorney (POA) for Emergencies

What is a power of attorney?

A power of attorney (POA) is a legal document that allows someone else to act or make decisions on your behalf. While they are typically created for older people who may need extra care, they can actually be set up for anyone, provided the entrusted party is a competent adult. A POA is helpful in the event you are unable to make healthcare or financial decisions for yourself due to mental incapacity. The document prevents your friends or family members from having to go to court and appoint a guardian to take care of you, saving precious time and money. (The process for acquiring a guardianship can take weeks, or longer!)

What if my child is attending college out of state?

POA documents are only effective in the state where they are created, so if your child is attending college in a different state, you will want to acquire a POA in the state where the student is attending college. It is common to set up a POA in both the state where the student is from and where they attend college, as many hospitals will discharge patients to rehabilitative or long-term care facilities closer to their homes.

How does it work?

In Arkansas, setting up a POA involves filling out a form with a person’s name, his or her signature, and the enumerated rights he or she entrusts to the designated agent. This form must be signed in the presence of a notary public. The POA document should be kept in a safe place that is easily accessible by those who may need it. If you are a parent of a university student, you will need to bring your student’s POA document to the hospital where your student is being treated. Typically, parents will file their student’s POA with the student’s medical provider beforehand as a cautionary measure.

If you or a loved one needs help setting up a POA, the Law Group of Northwest Arkansas PLLC is here to help.

Rights to Due Process

When students are accused of violating a college or university’s code of student conduct, the college or university investigates the alleged violation through a disciplinary review process. In 2023, the Arkansas legislature passed Act 470, otherwise known as the Arkansas Student Due Process and Protection Act. The law updated student conduct disciplinary proceedings to guarantee students greater due process protections at public two-year and four-year institutions of higher education in Arkansas.

Because of Act 470, Arkansas students are now afforded greater protections and safeguards during disciplinary review hearings. Among these rights includes the right to counsel throughout the entire review process, as opposed to after the process is completed. Students and student organizations are also guaranteed an “express presumption of innocence,” meaning students and student organizations are considered innocent until they either formally admit wrongdoing, or the review process determines they committed a violation.

Arkansas students also have the right to reasonably and continuously access the administrative evidence files the institution maintains for their case, which may include evidence proving innocence. Members of the hearing panel reviewing the case may not fulfill multiple roles during the adjudication process, ensuring greater impartiality during conduct hearings.

If you or someone you know is a student facing a disciplinary proceeding, The Law Group of Northwest Arkansas can help. Contact Jason Boyeskie at The Law Group of Northwest Arkansas PLLC to schedule a free, initial consultation. You can also contact us by using our online contact form or call (479) 439-9769.