Exhibit 9 Kent Hansen Letter

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  • 7/28/2019 Exhibit 9 Kent Hansen Letter

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    GARY IC. ROSINJWt:IGktMT A. HAN81.HfltoLANO C. 8AIN5ttDAVID R. 8AUNDER8&ALL.IR 8ARN&"MBAMY M. WALKI.RNAMII:.CHUN

    Mr. louie Bishop38149 Silver Fox Ct.Murrieta, CA 92565

    CLAYSON, MANN, YAEGER & HANSENA .. ROFESSIONAL LAW C.O""' itATION

    CLAYSON LAW BUILDING80 1 SOUTH MAIN STREETCORONA. CALIFORNIA 921!182i "OST OFFICE I!IOX 1447

    CORONA. CALIFORNIA 92878-1447FA K C9!51l 7374384

    March 4, 2010

    Re: Request to La Sierra University fo r RecordsDear Mr. Bishop:

    WAL.TERS, CLAYSON1887111172E. SPUftOI :ON "OTHROC K18111-1878

    ROY H. MANN. At:T.D!IUtiLL , YA&G&R. CODE 05 f7371GIO88872.41

    I am the legal counsel for La Sierra University (Lsu). I am writing to you inresponse to your email of March 1, 201 01 to Ms. Yamlleth Bazan, the Vice-President forStudent life. In that email you stated that if the University does not comply with yourrequest for 19C0rds, you intend to file a complaint with the U.S. Department of Educationfor violation of the Family Educational Rights and Privacy Ad (FERPA).I am writing to you solely regarding this threat of a legal complaint to a federalagency. Attomeys do not participate in the disciplinary and academic processes of theUniversity, except in their confidential and privileged advice to clients involved in those

    and by sAnding letters such as this to explain the position of a clientregarding the law. I am therefore not addressing the merits of your appeal.FE:RPA defmes "education records" as "those records., files, documents andother materials which contain material directly related to a student and are maintained

    by an educational agency or institution or by a person acting for such agency orinstitution." (20 United States Code sec. 1232g(a)(4)(A)(i) and (il). Using this definition,LSU has provided you in a timely fashion all education records possessed by theUniversity or persons acting for it including written evidence on which it may have reliedin taking action with regard to you. The exception is correspondence and notes subjectto attorney-client privilege. I am informed and believe that no education record meetingthe FERPA definition has been withheld from you.

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    ... . . .

    Mr. Louie BishopMarch 4, 2010Page2

    The education records that you have been provided constiMe your entire studentfile. The notices to you about any admissions or disciplinary actions taken with regard toyou speak for themst;tlves. Your apologies with regard to the conduct leading to suchactions are not relevant to the consideration of what may or may not constitute aneducation record. The rosters of the membership and descriptions of the Judicial,Student Life and Admission Committees and the citations from tht;t Student Handbookthat you have requested are not education records under the FERPA definition.The University has complied with FERPA in its response to you. Your threatenedcomplaint to the U.S. Department of Education would lack merit and you may expectLSU to respond to such a complaint with vigor.If it is your contention that the education record is incorrect, FERPA andUniversity policy allows you to put a written correction or explanation in the file toaccompany the record. If you believe that the education records provided to you do notsupport the actions that are the sUbject of your complaint, the appt;tal process itseff isthe proper place to assert that argument.

    KAH:taILSU\StudentUf.231LTRIBi&hop-030410

    Sincerely,CLAYSON, MANN, YAEGER & HANSENA Professional Law Corporation

    By Kent A Hansen