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Administrative Guideline 306

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Administrative Guideline 306

Adopted: December 20, 1998
Approved:
Revised: November 22, 2022

ADMINISTRATIVE GUIDELINE TYPE: Student

ADMINISTRATIVE GUIDELINE TITLE: Guidelines for Meeting the Provisions of FERPA (Family Educational Rights and Privacy Act)

DEPARTMENT RESPONSIBLE: Registrar

I. Statement of Purpose

To ensure the student right to privacy of educational records.

II. Users Governed

This guideline applies to all credit and non-credit students served by SCC.

III. Rules for Maintaining Privacy of Student Records

  1. The Family Educational Rights and Privacy Act (FERPA), a federal law, requires Southeastern Community College, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your education records. Southeastern Community College may disclose appropriately designated “directory information” without written consent, unless you have advised the college to the contrary in accordance with Southeastern Community College’s procedures.
  2. No student information, except “Directory Information” (defined in item III.C), may be released from Southeastern Community College without the written consent of the student involved, except to the following persons, agencies or organizations who may have restricted access to student records without prior written consent.
    1. School officials with a legitimate educational interest.
    2. Officials of other schools in which the student proposes to enroll.
    3. Representatives of state and local government when auditing and evaluating federal education programs.
    4. In connection with a student’s educational financial aid application.
    5. Governmental officials to whom information is to be reported under state law adopted prior to November 19, 1974.
    6. Organizations which process and evaluate standardized tests.
    7. Accrediting organizations for accrediting purposes.
    8. In connection with an emergency.
    9. Upon court order or legally issued subpoena.
  3. The following “Directory Information” may be released to the public without the prior written consent of the student involved, unless the student has submitted a request, in writing, that the information not be released.

Name, address, electronic mail address, primary phone number, major field of study, participation in officially-recognized activities and sports, weight and height of members of athletic teams (photograph), dates of attendance, full-time/part-time status, grade level, degrees and awards received and the most recent previous school or institution attended by the student. Students from European Union must sign GDPR Privacy Policy (Administrative Guideline 1119) before any directory information can be released.

IV. Student Education Records

Southeastern Community College collects and maintains records on each student in order to facilitate the instruction, guidance and educational progress of the student. The records contain information about the student and his/her education and may include, but are not limited to, the following types of information: identification data, attendance data, record of achievement, family background data, aptitude tests, educational and vocational plans, honors and activities, objective counselor or teacher ratings and observations, and external agency reports.

Individual student records are generally located in the Registrar’s Office on the SCC campus that the student is attending and the Registrar is responsible for appropriate maintenance of all student records. Student records are reviewed periodically and material not of permanent importance is destroyed two years after graduation or discontinued attendance.

Any student may exercise the opportunity to review their educational records and to request an amendment of any such records that are believed to be inaccurate, misleading, or otherwise in violation of the privacy rights under FERPA.

The procedures to be followed in exercising any of the rights related to student educational records may be obtained from the Registrar. All persons, except school officials responsible for the custody and keeping of the records, must follow the aforementioned procedures.

The Registrar holds final authority and responsibility in determining the release of any information within a student record. The Registrar may only release “directory information”, as defined in item III.C, to the public, keeping in mind the privacy of the student and the student’s family and the totality of the surrounding circumstances.

Any student objecting to the public release of such information must file a written objection with the Registrar and that information objected to shall not be publicly released. This written objection is valid for one calendar year from date of objection and must be renewed if desired.

V. Right to Challenge and Hearing Procedure

A student shall have an opportunity for a hearing to challenge the contents of the student’s record, to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.

A student wishing to challenge the content of a student’s record shall make written application to the Registrar. Within 10 days or at a time mutually agreed upon, an informal hearing shall be held to determine the validity of the challenge.

The hearing panel shall be appointed by the Vice President of Student Affairs and consist of a Student Success Advocate, a faculty member, and an administrator (excluding the President). The panel shall hear evidence and testimony relevant to the matter.

The challenging party shall be afforded a full and fair opportunity to present evidence relevant to the issues raised. The decision may include any educationally reasonable action with regard to the challenged portion of the education record and may include alteration and deletion. Grades may be challenged only on the basis of accuracy in recording and not on the basis of evaluation of performance. A written decision shall be rendered as soon as possible, and included in the record, but in no case more than five school days after the hearing. Should the student be dissatisfied with the decision of the panel, he/she may within ten (10) business days of the written decision, appeal to the President to either modify or overrule the decision of the panel. No person with a direct interest in the outcome, or responsible for placing the challenged information in the record, may participate in the rendering of a decision. Should the President have a personal interest in the outcome or if the President was originally responsible for placing the challenged information in the record, the Board of Trustees shall designate a President of another district or an area education agency administrator to review the decision.

Two additional levels of appeal are available: (1) Board of Trustees and (2) Federal Courts.

THE ABOVE PROCEDURE DOES NOT PRECLUDE INFORMAL SETTLEMENT OF DISPUTES OVER STUDENT RECORDS AND THEIR CONTENT WHEN THE CHALLENGING PARTY AND THE COLLEGE ARRIVE AT A MUTUALLY SATISFACTORY AGREEMENT.