Legal Requests and Request for Student Information

Requesting Student Information

Subpoenas and legal requests must be reviewed by the Office of University Counsel for validity and scope. Accordingly, SUNY Cortland requests that subpoenas and legal requests be made at least 15 business days in advance of a deadline or date of need.  

Legal Requests and Subpoenas

A court-ordered subpoena is required to obtain student information when it is not released or requested by the student.  Subpoenas must be submitted to the Office of University Counsel:

Office of General Counsel
State University of New York System Administration, State University Plaza
353 Broadway
Albany, New York 12246

Use of HIPAA Forms

An Authorization for the Release of Health Information shall not be used to obtain education records. Per the New York State Education Department, The Health Information Portability and Accountability Act (HIPAA) expressly excludes from HIPAA coverage any information maintained in school district educational records which are subject to the Family Educational Rights and Privacy Act (FERPA).

Requests for medical or psychological information may not be requested through the Registrar's Office.  Requests can be made to:

SUNY Cortland Student Health Services
Van Hoesen Hall, Room B-26
PO Box 2000
Cortland, NY 13045-0900

SUNY Cortland Counseling Center
Van Hoesen Hall, Room B-44
PO Box 2000
Cortland, NY 13045-0900

Charges for Preparation

In accord with the Regulations of the State University of New York Board of Trustees and New York State law; charges for preparation may charged, but shall exceed the actual cost of preparation (photocopying, mailing and personnel). SUNY Cortland may require that the fee for copying or reproducing a record be paid in advance of preparation. Requesters will be informed of the estimated cost of preparing a copy of a record if more than two hours of an employee’s time is needed, or if it is necessary to retain an outside professional service to prepare a copy of the record. Current duplicating costs are:

• SUNY Cortland does not charge for the production of a transcript.
• Copying: Standard: 8.5 x 11 - .06 per page, Color: 8.5 x 11 - .16 per page
• Mailing: Prevailing USPS Postage Rate (Info)
• Expedited Mailing: Prevailing FEDEX Rates (Info)
• Personnel charges for research, obtaining or preparing records are only incurred if more than two hours of an employee’s time is needed, or if it is necessary to retain outside services.

Deceased Students

The loss of any member of our community is felt across the campus.  If you are faculty member, staff member or student needing guidance or support following the death of a student, we strongly encourage you to review the resources and information available to you at the Counseling Center:

• Support for Faculty
• Support for Students

Records and Transcripts

According to the United States Department of Education's Family Policy Compliance Office (FPCO), the decision to release the transcript of a deceased student is a matter of institutional policy. SUNY Cortland has defined all student records with personally identifiable information (PII) as protected under the campus security policy and per SUNY's definition. The release of protected education records of a deceased student made be performed when: 

• the release is requested or authorized by the executor/executrix of the deceased student's estate.
• the release is to the student's parents or next of kin if the person(s) are listed as emergency contacts, identified as guardians, or if the student provided a release previously, in the case of recently deceased students.
• records are released in fulfillment of a lawfully executed subpoena or order and/or the release is in support of a law enforcement investigation.
• records are released in fulfillment of SUNY Cortland's obligations to organizations, governments and agencies as provided for under federal and/or state law.
• a deceased student's educational records must be shared with school officials who have a legitimate educational interest as defined in the SUNY Cortland FERPA policy.

Requesting Other Information 

• Subpoenas for employee records should be directed to the Human Resources Office.
• Freedom of Information requests (FOIA or FOIL) must be requested through the Communications Office.