Confidentiality of Student Records
CCC&TI protects the privacy of students in accordance with the Family Educational Rights and Privacy Act of 1974. FERPA, also known as the Buckley Amendment, protects the privacy of students and allows for the accessing of student records by the student. All records must be current and maintained with appropriate measures of security and confidentiality. The college is responsible for complying with all legal requirements pertaining to the maintenance, review and release of records retained by the college.
I. COMPLIANCE WITH FERPA RIGHTS
A. The Family Educational Rights and Privacy Act (FERPA) provides students with certain rights to privacy of their educational records and rights of access by others to their educational records. College employees are expected to fully comply with this Policy.
B. For purposes of this Policy, “student” means an individual who is or has been in attendance at the College. It does not include persons who have not been admitted, who have been admitted but did not attend the College. “Attendance” starts when the individual matriculates or declares their intention to enroll at the College, whichever comes first.
II. ANNUAL NOTIFICATION OF RIGHTS
The College shall provide every student with an annual notice of their rights under FERPA. The Vice President of Student Services, or his/her designee, is responsible for preparing and delivering this annual notice.
III. RIGHT TO INSPECT RECORDS
Students who wish to inspect their educational records should direct their requests to the executive director of enrollment management.The student has the right to inspect and review their educational records within forty-five (45) days of the date the College receives a request for access. Students should submit to the executive director of enrollment management a written request that identifies the record(s) to be inspected. The executive director of enrollment management will plan for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by Student Services the student will be directed to the correct official to whom the request should be made.
Students may obtain copies of their educational records if circumstances make on-site inspection impractical. When copies are provided, the student may be charged a reasonable fee for the actual copying expense.
IV. DIRECTORY INFORMATION
A. The College may release Directory Information without student consent. The College designates the following information as Directory Information:
1. Student's name;
2. Major field of study;
3. Dates of attendance
4. Degrees, honors and awards received and awards received.
B. CCC&TI considers the date of birth, enrollment status, participation in officially recognized activities and sports, and student contact information (mailing address, telephone number, and email address) to be limited directory Information that will only be disclosed under certain circumstances. These circumstances
- These need to be numbered 1-4
Dates of birth may be disclosed only as a means of verifying a student’s identity when a College employee has no other means of doing so.
- Mailing address, telephone number, email address, enrollment status, participation in officially recognized activities, and sports may be disclosed only for educational purposes, at the discretion of College administration.
- The college shall only release directory information to individuals and organizations that demonstrate, in the college’s opinion, a legitimate, educational interest in the information or provide a direct service to the college; however, the college shall release directory and limited directory information to military recruiters in compliance with the Solomon Amendment unless the student specifically restricts the release of their directory information.
Students who do not wish to have their directory information released to the individuals and organizations identified above shall comply with the “opt out” provisions designated in the annual notice.
V. RELEASE OF EDUCATIONAL RECORDS
A. The college will not release a student’s educational records, aside from Directory Information, to any third-party unless the student consents to the release or a valid, legal exception applies.
B. Disclosures may be made to school officials which include any of the following when that person has a legitimate educational interest in having access to the information:
- CCC&TI faculty and staff who are determined to have a legitimate educational interest may access student records. Faculty/staff are considered to have a legitimate educational interest if they might reasonably need to access information to conduct official college business.
- A member of the Board of Trustees
- To comply with a lawfully issued subpoena or judicial order
- To officials of another college in which a student intends to enroll or has enrolled
- To authorized representatives on the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the Department of Education, or state and local education authorities
- In connection with the application for, or receipt of, financial aid
- To accrediting organizations
- To appropriate officials in case of a health and safety emergency
- State and local authorities, within a juvenile justice system, pursuant to specific state law
- To authorized officials for audit or evaluation purposes
- Organizations conducting certain studies for or on behalf of the school
- Outcomes of disciplinary proceedings may be released to the victim of an alleged perpetrator of a crime of violence or non-forcible sex offense
- To parents, as defined in 34 C.F.R. 99.3 of a dependent student under the Internal Revenue Code*
*Under the Act, CCC&TI may not disclose personally identifiable information to the parents of an “eligible student” without the written consent of the student unless the disclosure is to parents of a dependent student as defined in Internal Revenue Code. An “eligible student” means a student who is 18 years of age or is attending an institution of postsecondary education. Parents must provide appropriate tax return information documenting the dependent status of the student before disclosure will be made without his/her written consent.
**A part of FERPA states that certain information called “directory” information can be disclosed without the written consent of the student. Directory information includes information contained in the educational record of a student that would not be considered harmful or an invasion of privacy if disclosed.
C. In compliance with Title IX, the college may disclose the final results of campus disciplinary proceedings in which a responding party is charged with a violent crime or non-forcible sex offense. Upon the request of the reporting party, disclosure may be made regardless of whether the respondent was found responsible. Disclosures to third parties may be made only if the student respondent is found responsible. Disclosure in this situation is limited to the name of the violator, the type of student code violation found to have occurred, and the sanction imposed by the college.
D. The college shall release a student’s educational records to the student’s parents when requested by the parents and: i) the student is listed as a dependent on the parents’ tax returns; ii) the student violated a law or the college’s policies regarding drugs and alcohol and the student is under the age of 21; or iii) the disclosure is needed to protect the health or safety of the eligible student or other individuals in an emergency situation.
VI. MISCELLANEOUS
A.You have the right to file a complaint with the U.S. Department of Education concerning alleged failures of the School District to comply with the requirements of FERPA.
The name and address of the office that administers FERPA is the:
Family Policy Compliance Office
U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-5901
B. A hold may be applied to the release of an official transcript, diploma or other information requested from an official record for a student who has an overdue indebtedness to the college. A hold may be applied for failure to comply with a disciplinary directive. Such a student continues to have the right to see and photocopy his official record upon request.
C. The college shall only destroy student records in accordance with federal and state laws and regulations and as allowed by the Records Retention & Disposition Schedule for North Carolina Community Colleges. The college shall not destroy student records if there is an outstanding request, grievance or legal matter related to those records.