FERPA

Definitions

For the purposes of this policy, Colby Community College ("the College") has used the following definitions of terms:

Student

Any person who attends or has attended Colby Community College, including individuals earning credit through distance learning and high school classes.

Educational records

Any record, in handwriting, print, tapes, diskette, film, or other medium, maintained by Colby Community College or an agent of the College which is directly related to a student, except:

• A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.
• An employment record of an individual, whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual's employment.
• Records maintained by an office in the College if the records are maintained solely for law enforcement purposes, are revealed only to law enforcement agencies of the same jurisdiction, and this College office does not have access to educational records maintained by the College.
• Records maintained by Health Services if the records are used only for treatment of a student and made available only to those persons providing the treatment.
• 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.
• The financial statements of the students' parents/guardians.
• Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in file before January 1, 1975.
• Records connected with an application to attend Colby Community College, including Outreach, if that application was denied.
• Those records that are excluded from the FERPA definition of educational records.

Office of the Registrar

Administrative office with official responsibility for the maintenance of student academic records. The only office authorized to release official and unofficial transcripts and verifications.

Note: Educational records held by Colby Community College are considered the property of the College to which students have rights of access.

Release of Information

"Directory Information" may be released for any purpose at the discretion of the College when it is believed to be in the best interest of the student. Under the provisions of FERPA, students have the right to withhold the disclosure of all "Directory Information" as follows:

• Student name
• Address
• Telephone number
• Major field of study
• Dates of attendance
• Enrollment status
• Degrees
• Academic honors and awards received
• Club and athletic participation records
• Photographic, videotaped, and electronic images

The College will disclose any of these items without the student's prior written consent, unless the student notifies the College in writing to the contrary. The College will disclose only dates of attendance, enrollment status, major field of study and degrees received via telephone. Other "Directory Information" will be disclosed by written response. If the student does not wish to have this information released for any purpose, including the student directory, press releases, etc., the student must inform the College in writing by the end of the second week of classes in any semester. Notification forms are available in the Office of the Registrar. If the student's correspondence is not received in the appropriate office, the College will disclose the above information until the next notification. Please consider very carefully the consequences of any decision to withhold "Directory Information." Should a student decide to inform the College not to release "Directory Information," requests for ALL "Directory Information" from any third party will be refused.

Right to Review Your Records

Once enrolled, students have the right to review their educational records, except those excluded by law, within 45 days of the day the College receives a request for access. Students should submit written requests that identify the record(s) they wish to inspect. The College will arrange access and notify the student of the time and place where the records may be inspected.

Correction of Educational Records

Students have the right to ask the College to correct records they believe are inaccurate, misleading, or in violation of their privacy rights. The following are the procedures for the correction of records:

• A student must request, in writing, that the College official responsible for the record amend a record. In doing so, the student shall identify the part of the record he/she wants changed and explain why he/she believes it is inaccurate, misleading, or in violation of his/her privacy or other rights.
• The College may comply with the request, or it may decide not to comply. If it decides not to comply, the College will notify the student of the decision and advise him/her of his/her right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's rights.
• Upon request, the College will arrange for a hearing and notify the student of the date, place, and time of the hearing.
• The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the institution. 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 student's education records.
• The College 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.
• If the College decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, it will notify the student that he/she has a right to place in the record a statement commenting on the challenged information.
• The statement will be maintained as part of the student's educational records as long as the contested portion is maintained. If the College discloses the contested portion of the record, it will also disclose the statement.
• If the College decides that the information is inaccurate, misleading, or in violation of the student's right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.

Refusal to Provide Copies

With an understanding that it cannot deny students access to their educational records, the College may deny students a copy of their educational records if: 1) the student has an unpaid financial obligation to the College or 2) if there is an unresolved disciplinary action against the student.

Confidentiality

All student records will be kept confidential. College faculty and staff will have access to student records on a "need-to-know" basis. The office responsible for any particular educational record, or the office requesting information for a legitimate educational interest, will ensure that confidentiality is maintained.

Disclosure of Education Records

Disclosure of any information other than Directory Information requires a signed release, with the student's original signature. This may include, but is not limited to, release of grade point averages, grades, test scores, etc. The College will not accept or release such information via any electronic or faxed method.

Deceased Students

The College will not permit the release of educational records of deceased students unless authorized in writing by the executor/executrix of the deceased student's estate.

The College will disclose information from a student's educational records only with the written consent of the student, except:

• To school officials who have a legitimate educational interest in the records. A school official is a person employed by the College in an administrative, supervisory, academic, research, or support staff position, including law enforcement personnel and health staff; a person or company with whom the College has contracted, such as an attorney, auditor or collection agent; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official is performing a task that is specified in his or her position description or by a contract agreement, performing a task related to a student's education, or performing a task related to the discipline of a student.
• To certain officials of the U.S. Department of Education and state and local educational authorities, in connection with certain state or federally-supported education programs.
• In connection with a student's request for or receipt of financial aid, as necessary to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid.
• If required by a state law requiring disclosure that was adopted before November 19, 1974.
• To organizations conducting certain studies for or on behalf of the College.
• To accrediting organizations to carry out their functions.
• To comply with a judicial order or a lawfully issued subpoena after a reasonable attempt is made to notify the student. The College is not required to give prior notice when responding to a Federal grand jury subpoena or other law enforcement subpoena that states the student not be informed and that the contents of or existence of the subpoena not be disclosed.
• To comply with State statutes in connection with a juvenile justice system.
• To a court when the College initiates legal action against a student, and gives the student prior notice of the intended disclosure.
• To appropriate parties in a health or safety emergency.

Note: The College will be prohibited from permitting specific third-party access to personally identifiable student information for a period of five years if that third party re-discloses personally identifiable student information in violation of FERPA.

Solomon Amendment

The Solomon Amendment requires institutions to fulfill military requests for student recruiting information. Federal law defines student recruiting information as name, address, telephone number, age or date of birth, class level, academic major, place of birth, degrees received, and most recent educational institution attended. Requests can also include additional directory information as defined by the institution, such as email address. Students who have elected to withhold directory information will not have their information released under the Solomon Amendment.

Record of Requests for Disclosure

The College will maintain a record of all legitimate written disclosures of a student's educational record released without the student's signature as set forth in the exceptions noted above.

Annual Notification

• Students will be notified of their FERPA rights annually by publication in all student handbooks published by vice presidents of Academic and Student Affairs.
• Other notification may be made available through publication in the college Catalog and the Faculty Policy Manual. Handouts will also be available at all times in the Office of the Registrar.

Types, Locations, and Custodians of Education Records

The following list shows the types of education records Colby Community College maintains, their locations, and their custodians.

FERPA for Parents

Once a student enters college, the student has exclusive ownership of their records.

Under FERPA, college students are considered responsible adults and may determine who receives information about them. While parents understandably have an interest in a student's academic progress, they are not automatically granted access to a student's records without the student's written consent. Parents are encouraged to consult the student if they need academic information. Students may give parents permission to access information by completing a Student Release of Information or through their Trojan account information.

CCC does not provide private information or restricted public information, even with consent, over the phone or by email.

Parental or Guardian Access to a Student's Educational Records

The College may, at its discretion, release student educational records only under the following circumstances:

1. Through the written consent of the student, i.e., academic records;
2. In compliance with a subpoena; or
3. By submission of evidence that the parents or guardians declare the student as a dependent on their most recent Federal Income Tax form, Internal Revenue Code of 1954, Section 152, i.e., student financial account records or a notarized statement of intent to claim the student as a dependent.