South Carolina Code 59-101-210. Institutional reports of certain violations; contents; availability; redress for violations
(2) The report of actual findings of violations of the Conduct of Student Organizations is required for offenses involving:
Terms Used In South Carolina Code 59-101-210
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
(a) alcohol;
(b) drugs;
(c) sexual assault;
(d) physical assault; and
(e) hazing.
(3) The report of actual findings of violations must contain:
(a) the name of the organization;
(b) when the organization was charged with misconduct;
(c) the dates on which the citation was issued or the event occurred;
(d) the date the investigation was initiated;
(e) a general description of the incident, the charges, findings, and sanctions placed on the organization; and
(f) the date on which the matter was resolved.
(4) The report must include no personal identifying information of the individual members and shall be subject to the requirements of the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g.
(5) The institution shall update this report at least forty-five calendar days before the start of the fall and spring academic semesters.
(6) The institution shall provide reports required under this section on its Internet website in a prominent location. The webpage that contains this report must include a statement notifying the public:
(a) of the availability of additional information related to findings, sanctions, and organizational sanction completion;
(b) where a member of the public may obtain the additional information that is not protected under the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; and
(c) that the institution is required to provide this additional information pursuant to the South Carolina Freedom of Information Act.
(7) The institution shall furnish a printed notice of the nature and availability of this report and the website address where it can be found to attendees at student orientation.
(8) The institution shall maintain reports as they are updated for four years. Information that is four years old may be removed from the record by the institution as it updates its records.
(B) A public institution of higher learning shall submit to the Commission on Higher Education a statement within fourteen calendar days that the reports have been updated as required in subsection (A)(4). The commission shall publish on their webpage a link to the institution’s updated reports.
(C) A member of the public who believes that an institution is not complying with the information disclosure required under this section may seek relief as provided for under the South Carolina Freedom of Information Act.