Policies - Section Two: Release of Students Records

  • Release Of Student Records

    Policies - Section Two: Release of Students Records - 1 - (Buckley Amendment)

    (Buckley Amendment)

    Carroll Community College adheres to a policy of compliance with the Family Educational Rights and Privacy Act (Buckley Amendment) as amended. As such, it is the policy of the college (1) to permit students to inspect their education records, (2) to limit disclosure to others of personally identifiable information from education records without students’ prior written consent, and (3) to provide students the opportunity to seek correction of their education records where appropriate.

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    Policies - Section Two: Release of Students Records - 2 - Definitions

    Definitions

    A.    “Student” means an individual who is or who has been enrolled at Carroll Community College.

    B.     “Education records” include those records that contain information directly related to a student and that are maintained as official working files by the College. The following are not education records:

    1. records about students made by faculty and administrators for their own use and not shown to others;
    2. campus security records kept separate from the education records described above and not shown to others;
    3. employment records, except where a currently enrolled student is employed as a result of his/her status as a student;
    4. records of a physician, psychologist or other recognized professional or paraprofessional made or used only for treatment purposes and available only to persons providing treatment. However, these records may be reviewed by an appropriate professional of the student’s choice;
    5. records that contain only information relating to a person’s activities after that person is no longer enrolled at the College.

    C.    “Personally Identifiable Information” includes but is not limited to the following types of information: (a) name; (b) address; (c) name of student’s parents or other family members; (d) a personal identifier, such as Social Security Number, Student ID Number, or biometric record; (e) other indirect identifiers, such as the student’s date of birth, place of birth, or mother’s maiden name; (f) any other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community who does not have personal knowledge of the relevant circumstances to identify the student with reasonable certainty; and (g) information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the educational record relates. The term “biometric records” is defined as a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual like fingerprints, voiceprints, handwriting, or facial characteristics.

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    Policies - Section Two: Release of Students Records - 3 - Right of Access

    Right of Access

    Each student has a right of access to his/her education records. Carroll Community College informs students of their right of access under the Family Educational Rights and Privacy Act by publishing its policy in the College catalog.

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    Policies - Section Two: Release of Students Records - 4 - Types and Locations of Education Records, Titles of Records Custodians

    Types and Locations of Education Records, Titles of Records Custodians

    (Please note that all requests for access to records should be routed through the Registrar.)

    A.    Admissions: Applications, transcripts from institutions previously attended, GED® results; Registrar, Records Office.

    B.     Registration: All ongoing academic records; Registrar, Records Office.

    C.    Departments: Miscellaneous records kept and vary with each department; Department/Division Chairpersons (check first with Registrar).

    D.    Instruction and Student Learning: Miscellaneous records; Vice President, Academic and Student Affairs, Office of Academic Affairs. 

    E.     Title IX: Miscellaneous records; Title IX Coordinator, Office of the President.

    F.     Testing Center: Placement test results; Registrar, Records Office.

    G.    Advisors: Summaries of conversations with students; Director of Advising, Transfer, and Student Pathway Planning, Advising and Transfer Center. 

    H.    Financial Aid: Student Aid Reports, verification documents, award letters; Director of Financial Aid; Financial Aid Office.

    I.      Student Accounts: All student accounts, records of students’ financial charges; Executive Vice President of Administration, Administration Office. 

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    Policies - Section Two: Release of Students Records - 5 - Procedure to be Followed

    Procedure to be followed:

    Requests for access should be made in writing to the Registrar, c/o the Records Office. The College will comply with a request for access within a reasonable time, at least within 30 days. In the usual case, arrangements will be made for the student to read his or her records in the presence of a staff member. A student may obtain copies of his/her records by paying reproduction costs. The fee for copies is 10 cents per page. The College will not provide copies of any transcripts in the student’s records other than the student’s current College transcript. Official College transcripts (with College seal) will be provided at a higher charge as specified in the College catalog and schedule of courses ($2.00/copy as of the 2016 fall term).

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    Policies - Section Two: Release of Students Records - 6 - Limitations and Exclusions to Disclosure

    Limitations and Exclusions to Disclosure

    It is the policy of the College to limit disclosure of personally identifiable information from education records unless it has the student’s prior written consent, subject to the following limitations and exclusions.

    A.    Directory Information: The following categories of information have been designated directory information:

    1. Name
    2. Dates of attendance
    3. Enrollment status (i.e. full-time or part-time),
    4. Major field of study
    5. Participation in College recognized activities and intramural sports
    6. Degrees and awards received
    7. Home town

    B.     This information may be disclosed even in the absence of consent unless the student files written notice requesting the College not to disclose any or all of the categories. This notice must be filed annually to avoid possible automatic disclosure of directory information. The notice should be filed with the Registrar, c/o the Records Office.

    C.    The College will give annual public notice to students of the categories of information designated as directory information.

    D.    Directory information may appear in public documents and otherwise be disclosed without student consent unless the student objects as provided above.

    E.     All requests for non-disclosure of directory information will be honored as reasonably as is possible.

    F.     The College will use its best efforts to maintain the confidentiality of those categories of directory information that a student properly requests not be publicly disclosed. The College makes no guarantees, warranties or representations that directory information designated for non-disclosure will not appear in public documents.

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    Policies - Section Two: Release of Students Records - 7 - Prior Consent

    A.    School officials of Carroll Community College who have been determined to have legitimate educational interests.

    1. A school official is a person employed by the College in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff) who are or may be in a position to use the information in furtherance of a legitimate objective. Included in this definition is a person or company with whom the College has contracted as its agent to provide a service instead of using College employees or officials (such as an attorney, auditor, collection agent and mental health provider). A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her responsibilities for the College. 
    2. Current students and/or community members are considered “school officials” while serving on and performing their responsibilities as a member of an official College committee.
    3. “Legitimate educational interests” include those interests directly related to the academic environment.

    B.     Officials of other schools in which a student seeks or intends to enroll or is enrolled. Upon request, and at his or her expense, the student will be provided with a copy of the records that have been transferred;

    C.    Authorized representatives of the Comptroller General of the U.S., the Secretary of Education, and state and local educational authorities, but only in connection with the audit or evaluation of federally supported education programs, or in connection with the enforcement of or compliance with Federal legal requirements relating to these programs. Subject to controlling Federal law or prior consent, these officials will protect information received so as not to permit personal identification of students to outsiders and destroy such information when it is no longer needed for these purposes;

    D.    Authorized persons and organizations that are given work in connection with a student’s application for, or receipt of, financial aid, but only to the extent necessary for such purposes as determining eligibility, amount, conditions, and enforcement of terms and conditions;

    E.     Organizations conducting educational studies for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction. The studies shall be conducted so as not to permit personal identification of students to outsiders, and the information will be destroyed when no longer needed for these purposes;

    F.     Accrediting organizations for purposes necessary to carry out their functions;

    G.    Appropriate parties in connection with an emergency, where knowledge of the information is necessary to protect the health or safety of the student or other individuals;

    H.    In response to a court order or subpoena, the College will make every effort to notify the student before complying with the court order or subpoena unless the disclosure is in compliance with a federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed or the disclosure is in compliance with 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.

    I.      An alleged victim of any crime of violence, as that term is 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. The final results of the disciplinary proceeding shall include only the name of the student, the violation committed, and any sanction imposed by the College on that student. The name of any victim or witnesses may only be disclosed with prior written consent.

    J.      Disclosures concerning sex offenders and other individuals required to register under Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 and the information was provided to the educational agency or institution under 42 U.S.C. 14071 and applicable Federal guidelines.

     

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    Policies - Section Two: Release of Students Records - 8 - Prior Consent Required

    In all other cases, the College will not release personally identifiable information in education records or allow access to those records without prior consent of the student. Unless disclosure is to the student himself or herself, the consent must be written, signed, and dated, and must specify the records to be disclosed, the identity of the recipient, and the purpose of disclosure. A copy of the record disclosed will be provided to the student upon request and at his or her expense.

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    Policies - Section Two: Release of Students Records - 9 - Record of Disclosures

    Record of Disclosures

    The College will maintain with the student’s education record a record for each request and each disclosure indicating all persons, agencies, or organizations which have requested or obtained access to a student’s education records maintained by the College and indicating the legitimate interest such entity had in obtaining the records, except for the following:

    A.    disclosures to the student himself or herself;

    B.     disclosures pursuant to the written consent of the student (the written consent itself will suffice as a record);

    C.    disclosures to instructional or administrative officials of the College.

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    Policies - Section Two: Release of Students Records - 10 - Opportunity to Correct Education Records

    Carroll Community College will provide students the opportunity to correct their education records.

    A.    Request to Correct Records: A student who believes that information contained in his or her education records is inaccurate, misleading, or violation of privacy or other rights may submit a written request to the Registrar specifying the document(s) being challenged and the basis for the complaint. The request will be sent to the person responsible for any amendments to the record in question. Within a reasonable period of time of receipt of the request, the College will decide whether to amend the records in accordance with the request. If the decision is to refuse to amend, the student will be so notified and will be advised of the right to a hearing. 

    B.     Right to a Hearing: Upon request by a student, the College will provide an opportunity for a hearing to challenge the content of the student’s records. A request for a hearing should be in writing and submitted to the Senior Director of Enrollment development. Within a reasonable time of receipt of the request, the student will be notified in writing of the date, place, and time reasonably in advance of the hearing.

    1.      Conduct of the Hearing: The hearing will be conducted by a College official who does not have a direct interest in the outcome. The student will have a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his or her choice at his or her own expense.
    2.      Decision: Within a reasonable period of time after the conclusion of the hearing, the College will notify the student in writing of its decision. The decision will be based solely upon evidence presented at the hearing and will include a summary of the evidence and the reasons for the decision. If the College decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the College will amend the records accordingly.
    3.      Right to Place an Explanation in the Records: If, as a result of the hearing, the College decides that the information is not inaccurate, misleading, or otherwise in violation of the student’s rights, the College will inform the student of the right to place in his or her record a statement commenting on the information and/or explaining any reasons for disagreeing with the College’s decision. Any such explanation will be kept as part of the student’s record as long as the contested portion of the record is disclosed.

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    Policies - Section Two: Release of Students Records - 11 - Right to File Complaint

    Right to File Complaint

    A student alleging College noncompliance with the Family Educational Rights and Privacy Act may file a written complaint with the Family Policy Compliance Office, Department of Education, Switzer Building, 400 Maryland Avenue, S.W., Washington, D.C. 20202-5901.

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