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Board Policy Release of Student Information 1. INTRODUCTION/PURPOSE The Family Educational Rights and
Privacy Act of 1974 (“FERPA”), as amended as well as Students will be notified of their
FERPA rights by publication in the Schedule of Classes and/or on the official
College internet web site. Copies of FERPA, 20 U.S.C. Section
1232g, 34 C.F.R. Section 99.1 et seq., California Education Code Section 76200
et seq., California Code of Regulations, 5 C.C,R, Section 54600 et seq., and
this policy are available for persons to examine in the Office of Admissions
and Records at the College. 2.
DEFINITIONS A. "Student"
means, but is not limited to, an individual who currently attends, or who
formerly attended, the College in person or by correspondence or by working
under a work-study program and with respect to whom the College maintains
education records. The term does not apply to applicants for admission, nor
does it apply to persons who have been admitted but who have not registered. B.
“Education Records” means any
item of information or data, other than directory information, which is
directly related to an identifiable student maintained or required to be
maintained by the College, whether recorded by handwriting, print, tapes, film,
microfilm or other means. The term
“Education Record” does not include the following records or information
contained therein: 1.
Information compiled or
maintained by a College officer or employee, appropriate for the performance of
his or her responsibilities, which remains in the sole possession of the maker
and are not accessible or revealed to any other person except a
substitute. For purposes of this
subdivision, “substitute” shall mean a person who performs on a temporary basis
the duties of the individual who compiled or maintained the information. 2.
Records maintained by the
College Campus Police that were created by the College Campus Police for the purpose of law enforcement if the
record is maintained solely for law enforcement purposes, is necessary and
appropriate to enable the Campus Police to carry out its duties and
responsibilities, is revealed only to law enforcement agencies in the same
jurisdiction, is kept apart from other education records and the Campus Police
or personnel does not have access to education records maintained by the
College.
3. Employment information or records
maintained in the normal
4. Information
provided by a student’s parents relating to 5.
Information related to a
student created or maintained by 6.
Confidential letters and
statements of recommendations 7.
Alumni records which contain
information about a student after he or she is no longer in attendance at the
College and which do not relate to the person as a student. C.
The District defines
“Directory Information” to mean the following items: one or more of the following items: student
name, email address, major field of study, dates of attendance, degrees,
honors and awards received, and most recent previous institution attended. 3.
STUDENT INFORMATION
MAINTAINED IN EDUCATION RECORDS The College may establish and
maintain in education records only such information on students relevant to
admission, registration, academic history, career, student benefits or
services, extracurricular activities, counseling and guidance, discipline or
matters relating to student conduct. 4. RIGHT TO INSPECT EDUCATION RECORDS Any currently enrolled or formerly
enrolled student has the right of access to any and all education records
relating to him or her maintained by the College. Access means a personal inspection and review
of a record, an accurate copy of a record, an oral description or communication
of a record or an accurate copy of a record, or a request to release a copy of
any record. The student shall be permitted to select the means of access. Students may access their education
records upon request to the Admissions and Records Office at the College.
Students should submit to the Office a written request which identifies as
precisely as possible the record or records he or she wishes to access. The Office will make the needed
arrangements for access as promptly as possible and notify the student of the
time and place where the records may be inspected and/or obtained. Access must
be given no later than fifteen (15) working days following the date the request
is received. When a record contains information
about more than one student, the student may inspect and review only the
records which relate to him/her. 5. RIGHT OF THE COLLEGE TO REFUSE
ACCESS The College reserves the right to
deny access to the following records: 1. The financial statements or records of
the student's 2. Letters and statements of
recommendation for which the 3. Those records which are excluded from
the FERPA definition of education records. 6. REFUSAL
TO PROVIDE COPIES The College reserves the right to
deny official transcripts or copies of records not required to be made
available by FERPA or the California Education Code in any of the following
situations: 1. The student has an
unpaid financial obligation to 2. There is an unresolved
disciplinary action against 7. FEES FOR COPIES OF RECORDS The fee for the furnishing of copies
of any education record will be determined in accordance with the College fee
policy. The College will not charge for
furnishing up to two transcripts of students’ records or up to two
verifications of various records of students. A fee will not be charged to search
for or retrieve any student education record. 8. DISCLOSURE OF EDUCATION RECORDS
without written consent The College may disclose information
from a student's education records only with the written consent of the student
or under judicial order, except that access may be permitted to the following: A. To school officials who have a
legitimate educational interest in the records. 1. A school official is: a. A person
employed by the College in an administrative, supervisory, academic or
research, or support staff position. b. A person
elected or appointed to the Board of Trustees. c. A person
employed or retained by or under contract to the College to perform a special
task, including but not limited to representing the College or its employees or
conducting an official audit. d. A student
serving on an official committee such as a disciplinary or grievance committee,
or assisting another school official in performing his/her tasks. 2. A
school official has a legitimate educational interest if the a. Performing a
task that is specified in his or her position description or responsibilities
designated by a contract agreement or state law. b. Performing a
task related to a student's education. c.
Performing
a task related to the discipline B. To officials of other public or private
schools, upon request, in which a student seeks or intends to enroll, or is
directed to enroll. C. To certain officials of the U.S.
Department of Education, the Comptroller General of the D. Agencies or organizations in connection
with a student's application for or receipt of financial aid, provided the
information is disclosed only as necessary for determination of the student’s
eligibility for financial aid, the amount or conditions of the financial aid,
or to enforce the terms and conditions of the financial aid. E. If required by state law requiring
disclosure that was adopted before F. To organizations conducting certain
studies for or on behalf of G. To accrediting organizations to carry
out their functions. H. To parents of an eligible student who
claim the student as a I. To comply with a court order or a
lawfully issued subpoena. The College
will make a reasonable effort to notify the student in advance of compliance of
a lawfully issued subpoena and, in the case of compliance with a court order,
if lawfully possible within the requirements of that order. J. To appropriate parties in an emergency
if the information is necessary to protect the health or safety of a student or
other persons. K. To an alleged victim of any crime of
violence, the results of any institutional disciplinary proceeding against the
alleged perpetrator of that crime with respect to that crime. L. To release information designated as
directory information by the College unless student has requested such
directory information be withheld. M. To a victim of an alleged perpetrator of
a crime of violence or sexual assault if the College determines, as a result of
a disciplinary hearing, that the student committed such acts in violation of
college rules or policy or state or federal law, as authorized by state law. N. To a parent or legal guardian of a
student, information regarding any violation of college policy, or state,
federal or local law, governing the use or possession of alcohol or a
controlled substance if the student is under the age of 21 at the time of the
disclosure and it is determined that he/she committed a disciplinary
infraction, as authorized by state law. O. To a court in which the College is
defending itself against legal action initiated by a parent or eligible
student. 9.
DISCLOSURE OF EDUCATION
RECORDS WITH CONSENT OF STUDENT The College may permit access to
student education records to any person for whom the student has executed a
signed, written consent specifying the records to be released and identifying
the party or class of parties to whom the records may be released. The College
will permanently keep the consent notice with the student’s record file. 10. RECORDS OF REQUESTS FOR DISCLOSURE The College will maintain a log or
record for each student’s education record listing all persons, agencies, or
organizations requesting or receiving information from the education record,
and the log or record will be maintained as long as the education record is
maintained. The record will indicate the name of the party making the request,
any additional party to whom it may be disclosed, and the legitimate interest
the party had in requesting or obtaining the information. The record or log
shall be open to inspection only by the student and College officials or
designees responsible for the maintenance of student education records. It is not necessary to maintain a
record of the request for information if it was made to or the request was
from: the student; a school official as defined in this policy; a party with
written consent from the student; a party seeking directory information; or a
party with a law enforcement subpoena or court order which specifies that the
existence or contents of the subpoena or court order not be disclosed. 11.
DISCLOSURE OF DIRECTORY
INFORMATION The College has designated the
following items as directory information: student name, email address, major
field of study, dates of attendance, degrees, honors and awards received, and
most recent previous institution attended. The College may disclose any of
those items as to students and former students. The College will not release
directory information regarding a student or former student who has notified
the College, in writing, that such information shall not be released. Notification
must be received by the end of the second week of a fall or spring semester or
by the end of the first week of a winter or summer inter-sessions by signing
and dating a request form in the Office of Admissions and Records. Individuals
applying to the College will be given the same opportunity to restrict
disclosure of directory information when completing the application for
admissions. 12. CORRECTION
OF EDUCATION RECORDS Any student has the right to request
that the College correct or remove information contained in the student’s
education record alleged to be: (a) inaccurate; (b) misleading; (c) an
unsubstantiated personal conclusion or inference; (d) a conclusion or inference
outside of the observer’s area of competence; (e) not based on the personal
observation of a named person with the time and place of the observation noted;
or (f) in violation of the student’s privacy rights. This procedure does not
apply to routine grade appeals. Grade appeal procedures are outlined in the
College catalog. The following procedures apply to the correction of education
records other than grade appeals: A.
The request to correct a record
must be submitted in writing to the Vice President, Student Services. The
request must identify the part of the record the student wants corrected or
removed and must specify the reason why the student believes the information or
record should be amended. B.
Within thirty (30) days of
receipt of the request, the Vice President, Student Services or his/her
designee will meet with the student and the employee who recorded the
information in question. The College may
decide to grant or deny the request. If granted, the appropriate records will
be amended. If the request is denied, the College will notify the student of
the decision and advise him/her of his/her right to a hearing to challenge the
information in question. C.
If the College denies the
student’s allegations and refuses to order the correction or removal of the
information in question, the student, within 30 days of the refusal, may appeal
the decision in writing to the College Judicial Board. D.
The College Judicial Board
shall hold a hearing withing thirty (30) days of receipt of the student’s
written request for appeal. Written
notice of the date, place and time of the hearing shall be mailed to the
student at least ten (10) days prior to the date of the appeal hearing. E. The Chairperson of the College Judicial
Board will conduct the appeal hearing, in closed session, with the student and
the College employee who recorded the information in question. The student
shall be afforded a full and fair opportunity to present evidence relevant to
the issues raised in the original request to amend the education records. The
student, at his or her expense, may be represented by one or more individuals
of his or her choice, including an attorney. F. The College Judicial Board will prepare
a written decision based solely on the evidence presented at the hearing. The
decision will include a summary of the evidence presented and the reasons for
the decision. G. If
the College Judicial Board sustains any or all of the student’s allegations, it
shall order the College to immediately correct or remove and destroy the
information. The College will notify the
student, in writing, that the record has been amended. H. If the College Judicial Board denies the student’s
allegations, it will notify the student that he/she has a right to place in the
record a statement commenting on the challenged information and/or a statement
setting forth reasons for disagreeing with the decision. The statement shall
become a part of the student's education records as long as the challenged
information is maintained. If the College discloses the challenged information
in the record, it must also disclose the statement. I. The decision of the College Judicial
Board shall be final. 13. RIGHT TO FILE A COMPLAINT Students have the right to file a
complaint with the U.S. Department of Education concerning alleged failures by
the College to comply with the requirements of FERPA within 180 days of the
alleged violation. The complaint may be filed with the office responsible for
administering FERPA and may be sent to: Family Policy Compliance Office Reference: The Family Education Rights and Privacy Act
of 1974 (FERPA) Adopted: Revised: |
