4.1.16 Student Records and Privacy Rights Policy
1. GENERAL INFORMATION
Craven Community College has adopted this Student Records and Privacy Rights Policy governing access to and dissemination of student records to demonstrate its interest in the protection of the privacy of students and their education records and its compliance with the Family Educational Rights and Privacy Act ("FERPA"). This policy is intended to notify students of their rights under FERPA and the regulations implementing FERPA.
The College qualifies as an educational institution within the meaning of FERPA, and therefore all education records are private to the student and the College with the exceptions set forth in this Policy and as provided by law. Students shall be granted rights of access to their records and such records shall be open to revise only as indicated in this Policy and upon the terms and conditions established by the College.
2. DEFINITIONS
a. Day is a normal school day during which the administration of the College is open for business, unless otherwise defined.
b. Directory information means information contained in an education record of a student which generally would not be considered harmful or an invasion of privacy if disclosed. The College has designated the following as directory information: a student's name, address, telephone listing, date and place of birth, major field of study, participation in courses and programs offered by the College, and participation in officially recognized activities, clubs, and sports; the weight and height of members of athletic teams; a student's dates of attendance and degrees and awards received; and the most recent previous educational agency or institution attended by a student.
c. Education records include information recorded in any way that is directly related to a student and is maintained by the College or by a person or entity acting on behalf of the College. Without limitation, education records include academic scores, transcripts, financial accounts, financial aid information, and disciplinary records. Education records do not include the following:
(1.) Records of instructional, supervisory, and administrative personnel and ancillary educational personnel that are kept in the sole possession of the maker of the record and are not accessible or revealed to any person other than a temporary substitute for the maker of the record;
(2.) Records created by Campus Security for a law enforcement purpose and maintained by Campus Security;
(3.) Personnel records relating to a student who is employed by the College, unless the student is employed as a result of his or her status as a student;
(4.) Records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting or assisting in his or her professional or paraprofessional capacity that are made, maintained, or used only in connection with treatment of the student and are disclosed only to individuals providing that treatment, provided however, that a student may have these records reviewed by a physician or other appropriate professional of his or her choice; and,
(5.) Records that only contain information about an individual after he or she no longer is a student at the College.
d. Personally identifiable information includes but is not limited to a student's name, the name of the student's parent or other family member, the address of the student or student's family, a personal identifier (such as the student's social security number or student number, if any), a list of personal characteristics that would make the student's identity easily traceable, or other information that would make the student's identity easily traceable.
e. A student is any individual who is or has been in attendance at the College and regarding whom the College maintains education records.
3. ACCESS TO RECORDS
a. Right to Inspect and Review. A student shall have the right to inspect, review, or be informed of his or her education records (but only with respect to information about that particular student), except that the following materials shall not be available:
(1.) Financial records of parents of the student or any information contained in those records;
(2.) Confidential letters and statements of recommendation placed in the student's education records prior to January 1, 1975, as long as the letters or statements are not used for purposes other than those for which they were specifically intended; and,
(3.) Confidential letters and statements of recommendation placed in the student's education record after January 1, 1975, if the student has waived his or her right to inspect those letters and statements by signing a written waiver and the letters or statements are related to the student's admission to any educational institution, application for employment, or receipt of an honor or honorary recognition. The College will not require a student waiver as a condition for admission to or receipt of a service or benefit from the College. If a student has provided a waiver, the College will give the student, on request to the Vice President of Student Services, the names of the individuals who provided any letters and statements of recommendation and will use the letters and statements only for the purposes for which they were intended. A student may revoke his or her waiver with respect to any actions occurring after that revocation by providing a written notice of revocation, signed and dated by the student, to the Vice President of Student Services.
In the event any of the material in a student's education records pertains to two or more students, the student may inspect and review or be informed of only the specific information about that student.
b. Procedure for Obtaining Access. Each student who desires access to his or her education records shall submit a request in writing to the Vice President of Student Services and shall be granted access within a reasonable period of time, but not more than forty-five (45) days after the College has received the request. The College will respond to reasonable requests by a student for explanations and interpretations of his or her education records. If circumstances effectively prevent a student from exercising the right to inspect and review his or her education records, the College will provide the student with a copy of the records requested or make other arrangements for the student to inspect and review the requested records.
However, there are instances where a student may be denied access to or copies of the student's records. For example, a request for copies may be denied if the student lives within commuting distance of the College, there is a "hold" on the student's records, there is an unresolved disciplinary action against the student, or the requested records include exam or test questions. When copies are provided, the student may be charged a reasonable fee for the actual copying expense. The College will not charge a fee to search for or retrieve a student's education records and will not impose a copying fee when it effectively prevents a student from exercising the right to inspect and review his or her education records.
c. Destruction of Records. The College periodically may destroy education records as required or permitted by applicable law. However, the College will not destroy any education records while there is an outstanding request to inspect and review those records, which has been made in accordance with this Policy.
d. Notice of FERPA RIGHTS. The College must send a notice of FERPA rights to every enrolled student at the beginning of each fall semester. The Vice President of Student Services, or his/her designee, is responsible for preparing and delivering the annual notice.
4. AMENDMENT OF RECORDS
a. Request for Amendment. If a student believes his or her education records contain information that is inaccurate, misleading, or in violation of the student's rights of privacy, the student may ask the College to amend the records by submitting a written request for amendment to the Vice President of Student Services. The request shall be made within thirty (30) days after the student first obtains access to the education records sought to be amended and shall state with particularity the material in the student's education records that he or she believes to be inaccurate, misleading, or in violation of his or her rights of privacy; shall state the student's reasons for this belief; and shall specify the amendment that the student is seeking.
b. Consideration of Request. The Vice President of Student Services will be responsible for reviewing and inquiring into the circumstances relating to the student's request for amendment. Within a reasonable amount of time after receiving the student's request, generally within ten (10) days of receipt, the Vice President of Student Services will decide whether to amend the record as requested. (The length of response time will depend in large part upon the nature and extent of the student's request and the Vice President of Student Services' inquiry.) If the decision is made not to amend the record as requested, the Vice President of Student Services will be responsible for informing the student of this decision and of his or her right to a hearing as provided in this Policy.
c. Right to a Hearing. A student who objects to a decision by the Vice President of Student Services not to make a requested amendment to his or her education records or who otherwise wishes to challenge the content of his or her education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of his or her rights of privacy will have the right to a hearing for this purpose, in accordance with the provisions of this Policy and applicable provisions of the Student Appeals Procedure. Students are expected to request an amendment to their education records in accordance with this Policy before proceeding to the hearing stage.
d. Actions Following Hearing.
(1.) If, as a result of the hearing, the College decides that the information in a student's education records in inaccurate, misleading, or otherwise in violation of the student's rights of privacy, the College will cause the records to be amended accordingly and will inform the student of the amendment in writing.
(2.) If, as a result of the hearing, the College decides that the information in a student's education records is not inaccurate, misleading, or otherwise in violation of the student's rights of privacy, the College will inform the student of the right to place a statement in the record commenting on the contested information in the records or stating why he or she disagrees with the College's decision, or both. This statement shall be maintained with the contested part of the records for as long as the records are maintained and shall be disclosed whenever the portion of the records to which it relates is disclosed.
5. Release of Personally Identifiable Information
a. Release without Consent. No release of personally identifiable information shall be made by the College without a student's prior consent, unless:
(1) The disclosure is to other school officials, including instructors, within the College who have been determined by the College to have legitimate educational interests. Criteria to be considered by the College in determining who constitutes a school official and what constitutes a legitimate educational interest include:
I. Whether the person requesting the information is a current employee of the College;
II. Whether a person requesting the information is in a position involving administration or enforcement of this Policy (including but not limited to the President and Chief administrators of the College, members of the Student Affairs Committee, and their respective designees);
III. Whether the person requesting the information either is or has been (i) an instructor of the student, (ii) responsible for assessing the student's qualifications for or evaluating the student's performance in a College course or program, (iii) responsible for assessing the student's eligibility for an award, scholarship, or other type of recognition, (iv) responsible for administering all or part of a College course or program in which the student seeks or intends to participate, has participated, or is participating, or (v) responsible for counseling the student or determining or reviewing disciplinary action against the student; and,
IV. Whether the information requested will be used by the person requesting the information for purposes of performing his or her job duties;
(2) The disclosure is to officials of other schools, school systems, or institutions of postsecondary education in which the student seeks or intends to enroll. It is the College's policy to forward a student's education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll. Following this disclosure, the student, upon request, may receive a copy of the records that were disclosed, and will have an opportunity for a hearing to challenge the content of the records on the grounds that the information contained in the records is inaccurate, misleading, or in violation of his or her rights of privacy, in accordance with the provisions of this Policy and applicable provisions of the Student Appeals Procedure;
(3) The disclosure is made in connection with an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal legal requirements relating to those programs, to the Comptroller General of the United States, the Secretary of Education, or state and local educational authorities, provided that the information is protected in a manner that does not permit personal identification of individuals by anyone other than the official(s) to whom it is disclosed and is destroyed when no longer needed for the purposes for which it was disclosed (unless the student has consented to the disclosure or the collection of the information disclosed is specifically authorized by federal law);
(4) The disclosure is made in connection with the student's application for or receipt of financial aid (meaning a payment of funds or property to the student that is conditioned on his or her attendance at an educational agency or institution), and the information disclosed is necessary for such purposes as to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid;
(5) The disclosure is to state and local officials or authorities to whom the information is specifically allowed to be reported or disclosed:
I. Pursuant to state statute adopted before November 19, 1974 (if the reporting or disclosure concerns the juvenile justice system and its ability to serve the student effectively); or,
II. Pursuant to state statute adopted after November 19, 1974 (if the reporting or disclosure concerns the juvenile justice system and its ability to serve the student prior to adjudication and the officials and authorities to whom the records are disclosed certify in writing to the College that the information will not be disclosed to any other party without the prior written consent of the student, except as provided under state law);
(6.) The disclosure is to an organization conducting a study for, or on behalf of, educational agencies or institutions to develop, validate, or administer predictive tests, administer student aid programs, or improve instruction, provided that the study is conducted in a manner that does not permit personal identification of students by individuals other than representatives of the organization, and the information is destroyed when no longer needed for the purposes for which the study was conducted;
(7.) The disclosure is to accrediting organizations in order to carry out their accrediting functions;
(8.) The disclosure is to the parents of a dependent student, as defined in Section 152 of Internal Revenue Code of 1954;
(9.) The disclosure is in compliance with a judicial order or pursuant to any lawfully issued subpoena. The College will make a reasonable effort to notify the student of the order or subpoena in advance of compliance, so that the student may seek protective action, unless the disclosure is in compliance with a federal grand jury subpoena or any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed. If for some reason the College initiates legal action against a student, it may disclose the student's education records that are relevant to the action to the court without a court order or subpoena, if it has made a reasonable effort to notify the student in advance of disclosure;
(10.) The disclosure is of information that the College has designated as directory information. A student has the right to refuse to let the College designate any or all of the types of directory information listed in this Policy as being directory information for that student. To do this, the student must notify the College by providing a written statement to the Vice President of Student Services within ten (10) days of the beginning of the applicable semester, listing those types of information about the student that he or she does not want to have designated as directory information. The College may disclose directory information about former students without notifying them as to the types of information that have been designated by the College as directory information and without providing them with an opportunity to refuse;
(11.) The disclosure is to the student;
(12.) The disclosure is to an alleged victim of any crime of violence, as defined in section 16 of title 18 of the United States Code, of the results of any disciplinary proceeding conducted by the College against the alleged perpetrator of that crime with respect to that crime; or,
(13.) The disclosure is to any other person, entity, or organization authorized to receive personally identifiable information pursuant to FERPA, the regulations implementing FERPA, or other applicable law or regulation.
b. Release in Health and Safety Emergencies. In addition, personally identifiable information may be released without a student's prior consent to appropriate persons in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other persons. The following factors should be taken into account in determining whether records may be released under this provision:
(1.) The seriousness of the threat to the health or safety of the student or other persons;
(2.) The need for such records to meet the emergency;
(3.) Whether the persons to whom such records are released are in a position to deal with the emergency; and,
(4.) The extent to which time is of the essence in dealing with the emergency.
Nothing contained in FERPA, the regulations implementing FERPA, or this Policy shall prevent the College from including in a student's education records information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of the student, other students, or members of the community. Appropriate portions of this information may be disclosed to instructors and school officials within the College who the College has determined have legitimate educational interests in the behavior of the student and to instructors and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student.
c. Release by Consent. Upon receipt of a written consent of a student for the release of his or her educational records, signed and dated by the student and delivered to the Vice President of Student Services, the person to whom personally identifiable information contained in the student's educational records is to be given will be provided with that information. The student's written consent must include:
(1) Specification of the records that may be disclosed;
(2) The purpose of the disclosure;
(3) The name of the party or class of parties to whom such records may be disclosed.
Notice must be given to such third parties that the information is not to be disseminated to others without further consent of the student.
In the event a student desires a copy of the records released, such a copy will be provided on request and in compliance with the copy requirements.
6. COMPLIANCE WITH FERPA
It is the College's intent to comply fully with the requirements of FERPA and the regulations implementing FERPA. However, should a student believe that the College somehow has failed to comply with the requirements of FERPA and the regulations implementing FERPA, the student may file a written complaint with the Family Policy Compliance Office of the United States Department of Education, 600 Independence Avenue, SW, Washington, D.C. 20202-4605, setting forth the student's specific allegations of fact supporting his or her belief that a violation has occurred.
Approved by CCC Board of Trustees February 21, 2006.
Revised by CCC Board of Trustees July 18, 2006; April 15, 2008. | 
