Student Rights, Responsibilities and Code of Conduct

Student Rights

• All rights and privileges guaranteed to every citizen by the Constitution of the United States and by the state of North Carolina shall not be denied any student.
• Students have the right to have their academic performance evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards, see polices
  contained in Policy 6.13 – Attendance.
• Students have the right to freedom of expression, inquiry, and assembly without restraint or censorship subject to reasonable and nondiscriminatory rules and regulations regarding time, place, and manner. For more information, consult the Campus Free Speech, Distribution of Material, and Assembly Policy.
• Students have the right to inquire about and to propose improvements in policies, regulations and procedures affecting the welfare of students through established student government procedures, campus committees, and college offices.
• Students and former students have the right to review their official records and to request a hearing if they challenge the contents of these records. The Family Educational Rights and Privacy Act of 1974 (FERPA) provides safeguards regarding the confidentiality of and access to student records and the College shall adhere to the FERPA laws and regulations. Students and former students have the right to review their official records and to request a grievance if they challenge the contents of these records. No records shall be made available to unauthorized personnel or groups outside the College without the written consent of the student involved or if a legal exception applies. For more information, consult Policy 6.21 – Student Records – FERPA.
• No disciplinary sanctions other than temporary removal from class or activity (only for duration of said activity) may be imposed upon any student without due process. For more information concerning student due process rights with respect to disciplinary situations, consult Policy 6.22 – Student Code of Conduct.
• Students have the right to voluntarily withdraw from courses under certain criteria. For more information, consult Policy 6.14 – Withdrawal from Courses.
• Students have the right to be free from discrimination, harassment and sexual violence while attending the College and accessing the College’s programs and opportunities. For
  more information, consult Policy 6.23 – Unlawful Discrimination and Harassment.

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 their 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.

   
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 are as follows:

          1. 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.

          2. Mailing address, telephone number, email address, enrollment status, participation purposes, in officially recognized activities, and sports may be disclosed only for
               educational at the discretion of college administration.

     
     
 C. 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. 

  
D. 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; this policy specifies otherwise; or a valid, legal exception applies.

   
B. The college shall disclose the education records of a student, who is under the age of 18, to:

1. the student's school administrators and school counselors at the secondary school in which the student is dually enrolled, and
2.  to the student's parent(s) or guardian(s), so long as the parent or guardian claims the student as a dependent on the parent or guardian's federal tax return.

Prior to registration in any course at the college, a minor student must acknowledge in writing that the minor student's education records shall be disclosed as set forth in the subsection. The minor student shall provide the college with the name and address of the student's parents in which the student is a tax dependent. The college may also require parents or guardians to certify they claimed the student as a dependent on their most recent federal tax returns, as set forth in Section VII D below.

C. 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:

1) any administrator, certified staff member, or support staff member (including health, medical, safety, and security staff) employed by the college;
2) a member of the college's Board of Trustees;
3) a contractor, consultant, volunteer, or other party to whom the college has outsourced services or functions, such as, but not limed to: an attorney, auditor, cloud storage provider, consultant, expert witness, hearing officer, law enforcement unit, criminal or administrative investigator, insurer/insurance company adjuster, or counselors/therapists, provided that the person is performing a service or function for which the college would otherwise use employees, is under the direct control of the college with respect to the use and maintenance of education records, and is subject to FERPA requirements governing the use and re-disclosure of PII from education records and
4) a person serving on a committee appointed by the college, such as a disciplinary or grievance committee or other review committee.

D. 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.

E. The college may release a student's education record to the student's parents when requested by the parents and:

1. the student is listed as a dependent on the parents' tax returns;
2. the student violated a law or the college's policies regarding drugs and alcohol and the student is under the age of 21; or
3. the disclosure is needed to protect the health or safety of the eligible student or other individuals in an emergency situation. For the disclosure of records under (i), the college may require parents or guardians to certify they claimed the student as a dependent on their most recent federal tax returns, as set forth in Section VII D below. 

VI. CORRECTING RECORDS

A student has the right to challenge an item in their records believed to be inaccurate, misleading, or otherwise in violation of the student's privacy rights. The student may file a grievance pursuant to Policy 6.28 - Student Grievance beginning at Step Two. If the final decision is that the information int he records is, in the college's determination, not inaccurate, misleading or otherwise in violation of the privacy rights of the student, the Vice President, Student Services shall inform the student of the right to place a statement in the record commenting on the contested information in the record or stating why they disagree with the college's decision.

    

VI. MISCELLANEOUS

                         

1. 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: Privacy Policy Office U.S. Department of Education 400 Maryland Avenue, SW Washington DC 20202-5901.
2. 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 andphotocopy his official record  upon request.
3. 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.
4. If the parents of a student, who is a dependent of federal tax purposes, requests access to that student's education records without a prior consent of the student, the parents may demonstrate the tax dependency of a student by submitting to the college a copy of the first and signature pages of their most recently filed federal income tax return (with personal financial data redacted).
   .
   Legal Reference:  10 U.S.C. } 983; 20 U.S.C.} 1232g; 34 C.F.R. pt. 99; N.C.G.S. } 115D-10.80

.