At Big University, the data retention policy around non$-$admitted application records is to destroy them following the formal matriculation date.

An applicant has been informed that they were not admitted. This applicant contacts the admissions office demanding to see the file and any associated notes added by the admissions office. That request is ignored and the files are destroyed per institutional policy.

The applicant threatens legal action under FERPA, saying it was improper to destroy them. Which of the following is true?

The institution should indicate that the file was destroyed before the request was made

Since a request to inspect and review records was filed and those records were subsequently destroyed, the institution violated the applicant$$s FERPA rights.

Since the applicant was never a student in attendance, the records were not subject to FERPA and the institution has no responsibility to maintain or to provide the applicant access to them.

Since the files are maintained they are an education record and are thus subject to FERPA, so the institution was compelled to share the records.