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I.   POLICY STATEMENT. 

�������� (“College”) is committed to protecting the privacy of education records protected by the Family Educational Rights and Privacy Act of 1974 (“FERPA”). This policy provides students with information about their FERPA rights and how to exercise them as well as describing disclosures that do not require consent. This policy also provides guidance for faculty and staff about how to remain FERPA-compliant when accessing, creating, or using FERPA-protected education records. 

II.  APPLICABILITY. 

This policy applies to all FERPA-protected education records, the students whose records are maintained by the College, and any College employees, faculty, staff, or administrators who access, create, or use any FERPA-protected education records maintained by the College.

III.  DEFINITIONS.  

For the purposes of this policy, the College uses the following definitions:

Academic Record - Includes all information contained on the student's official transcript, plus copies of letters, petitions, and other items from, or that have been reviewed by, the Student Progress Committee, Change of Advisor Forms, Major Declaration Forms, Application for Degree Forms, letters to Occidental concerning Leaves of Absence or Withdrawals from the College, Leave of Absence/Withdrawal Forms, transcripts from other colleges or universities, mid-semester progress reports, Student Early Alert Notices (SEANs), course contracts  (independent study, internship, etc.), miscellaneous notes or material affecting the student's transcript (changes, corrections, etc.), Applications for Admission, Application Essays, Activities/Supplemental Essays, ACT Assessment College Reports, College Board Reports (Including SAT and AP results), and International Baccalaureate, A-Level, and high school transcripts.

Education Records - any record (in handwriting, print, tapes, film, computer, or other medium) maintained by the College or an agent of the College that is directly related to a student except:

• A personal record kept by a staff member if it is kept in 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 they are a student, provided the record is used only in relation to the individual's employment.
• Records maintained and created by Campus Safety  for law enforcement purposes.
• Records made or maintained by Emmons Student Wellness Center, if the records are used only for the treatment of a student and made available only to those persons providing treatment.
• Alumni records which contain information about a student after they are no longer in attendance at the College and which do not relate to the person as a student.

Student - any person who is or was enrolled at the College.

IV.  POLICY.

A. Notification of FERPA Rights

Section 99.7 of the FERPA regulations requires the College to provide students with notification of their FERPA rights. With regard to their Education Records, Students have the right to:

• Inspect and review their Education Records within 45 days of the date the College receives a request for inspection;
• Request correction (amendment) of Education Records they believe are inaccurate, misleading, or otherwise violate their privacy rights under FERPA;
• Consent to disclosures of personally identifiable information contained in their Education Records, except to the extent that FERPA authorizes disclosure without consent; and
• File a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA.
  • The name and address for the office that administers FERPA is:

Family Policy Compliance Office U.S. Department of Education
400 Maryland Avenue, SW Washington, D.C. 20202-920

1. How to Inspect Education Records

a. Academic Records

To inspect their Academic Record, Students must give the Registrar's Office at least two (2) business days of advance notice (in writing). In most circumstances, inspections must be conducted during regular office hours and under staff supervision. A Student’s Academic Record may not be removed from the Registrar's Office.

Students may request copies of their academic record, with the exception of the following:

• High School, International Baccalaureate, A-Level, College, or University Transcripts.
• College Board Reports (Including SAT and AP results)
• ACT College Reports

b. Education Records

Students who wish to inspect Education Records other than their Academic Record must give advance notice, in writing, to the appropriate office identified below. The College has up to 45 days after receipt of the request to comply. In most circumstances, inspections must be conducted during regular office hours and under staff supervision. Student Education Records may not be removed from the responsible office.

Record Type	Custodian	Location
Health/Counseling	Emmons Health Center	Director, Student Records Emmons Health Center
Financial	Financial Aid Office	Director, Financial Records Arthur G. Coons Administrative Center 119
Disciplinary	Office of Student Conduct	Assistant Director of Student Conduct and Housing Services Berkus Hall F-59

c. Records Not Open to Inspection

The College reserves the right to refuse to permit a Student to inspect the following Education Records:

• The financial statement of the student's parents;
• Letters and statements of recommendation for which the student has waived their right of access, or which were maintained before January 1, 1975;
• Records connected with an application to attend ��������; and
• Those records that are excluded from the FERPA definition of education records.

d. Refusal to Provide Copies

Where not prohibited by law, �������� reserves the right to deny students documents or copies of records if:

• The Student has an unpaid financial obligation to the College, or
• There is an unresolved disciplinary action against the Student.

2. How to Correct (Amend) Education Records

Students have a right to request that their Education Records be corrected if they believe they are inaccurate, misleading, or in violation of their privacy rights. To request correction of an Education Record(s):

1. A Student must direct a written request to the appropriate College official to amend an Education Record. In so doing, the Student should identify the part of the record they want amended and specify why they believe it is inaccurate, misleading or in violation of their privacy rights.
2. The College has discretion as to whether the amendment is accepted. If not, the College will notify the Student of the decision and advise them of their right to a hearing to challenge the Education Record believed to be inaccurate, misleading, or in violation of the student's privacy.
3. A qualified hearing officer, who may be a College employee, will conduct the hearing. 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 Record(s). One or more individuals, including an attorney, may assist the student.
4. 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 reasons for the decision.
5. If the College decides that the challenged Education Record is inaccurate, misleading, or in violation of the Student's right of privacy, it will amend the Education Record and notify the Student, in writing, that the Education Record has been amended.
6. If the College decides that the challenged Education Record is not inaccurate, misleading, or in violation of the Student's right of privacy, it will notify the Student that they have a right to place in the Education Record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the College’s decision.
7. The statement will be maintained as part of the Student's Education Record as long as the contested portion of the Education Record is maintained. If the College discloses the contested portion of the Education Record, it will also disclose the Student’s statement.

3. Non-Consensual Disclosures of Education Records

a. Exceptions to FERPA Non-Disclosure Provisions:

The College will not disclose information from a Student's Education Records without the written consent of the Student, except:

1) 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 health or medical staff as well as coaches and other athletic personnel;
• A person serving on the board of trustees or a student serving on an official committee, such as a disciplinary or grievance committee;
• A person employed by or under contract to the College to perform an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or consultant;
• A volunteer, such as a student volunteering to assist another school official in performing their tasks; and
• A person who is employed by the College's Campus Safety Department.

A school official has a legitimate educational interest if the official is:

• Performing a task that is specified in their position description or contract agreement; or
• Performing a task related to the discipline of a student.

2) To officials of another school where the Student seeks or intends to enroll, or where the Student is already enrolled if the disclosure is for purposes related to the Student’s enrollment or transfer;

3) To certain officials of the U.S. Department of Education, the U.S. Attorney General, the Comptroller General, and state and local education authorities, in connection with audit or evaluation of certain state or federally supported education programs;

4) In connection with a Student's request for or receipt of financial aid to determine the eligibility amount, or condition of the financial aid, or to enforce the terms and conditions of the aid;

5) To organizations conducting studies for, or on behalf of, the College, to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction;

6) To accrediting organizations to carry out their functions;

7) To parents of an eligible Student who is claimed as a dependent for income tax purposes;

8) To comply with a judicial order or a lawfully issued subpoena;

9) To appropriate parties in a health or safety emergency;

10) To individuals requesting directory information as designated by the College;

11) To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding;

12) To the general public, the final results of a disciplinary proceeding, if the College determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the College’s rules or policies with respect to the allegation made against them;

13) To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the College, governing the use or possession of alcohol or a controlled substance if the College determines the student committed a disciplinary violation and the student is under the age of 21;

14) To state and local officials or authorities if specifically required by state law that was adopted before November 19, 1974; and

15) To the U.S. Attorney General or their designee in response to an ex parte order in connection with the investigation or prosecution of terrorism crimes pursuant to the PATRIOT Act.

b. Directory Information

The College designates the following items as Directory Information: student's name, parents' names, permanent and campus address, telephone number(s), date and place of birth, class level, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, the fact that the Student is or has ever been enrolled, dates of attendance at the College, previous residences while at the College, campus post office box number, e-mail address, jobs held on campus, dates worked on campus, salary paid while holding a campus job, student photograph and videos, degrees and awards received, and full-time/part-time status.

Students may opt out of disclosures of directory information and update their FERPA permissions by editing their online FERPA form as follows:

1. Login to my��������
2. Go to the My Gateway Applications
3. Select Online FERPA Authorizations
4. Edit the online form

c. Disclosures to the U.S. Immigration and Customs Enforcement (ICE)

U.S. Immigration and Customs Enforcement (ICE) requires foreign students attending an educational institution under an F-1 visa to sign the Form I-20. The Form I-20 contains a consent provision allowing for the disclosure of information and Education Records to ICE for determining the Student's nonimmigrant status. Students that have an M-1 or J-1 visa have signed similar consents and their information and Education Records may also be disclosed to ICE.

d. FERPA and Immigration Controls

Consistent with Education Code Section 66093.3 (A.B. 21), the College does not maintain a list of student names linked with immigration status. Students may elect not to provide information about immigration or citizenship status, and this election will not impede admissions or enrollment in educational programs. Any sensitive information about a student or family member, including regarding their immigration or citizenship status, will be maintained only for as long as necessary. The College will treat all students equitably in the receipt of school services, including but not limited to the gathering of student and family information for the College's benefit programs.

4. Record of Request for Disclosure

The College will maintain a record of all requests for, and/or disclosure of, information from a Student's Education Records except for (A) requests from (1) the Student, (2) a school official, (3) a party with a written request from the student, (4) a party requesting directory information, or (B) disclosures under the PATRIOT Act. The record will indicate the name of the party making the request, any additional party to whom Education Records may be disclosed, and the legitimate interest the party had in requesting or obtaining the information.

B. FERPA for Faculty/Staff

1. Best Practices

The following guidelines are things employees should consider when collecting, retaining, and using FERPA-protected records and information (collectively “protected information”).

a. Collection

When requesting or collecting protected information, stop and consider:

• Why do I need this?
• Is it required as part of my job duties?
• Can I fulfill my purpose without it?
• Do I have a plan for protecting it once collected?

b. Retention

If you must retain the protected information you have collected, stop and consider:

• Is it absolutely necessary to retain a local copy?
• Does the College store the same information elsewhere?
• Can I access the information from the primary College resource, rather than creating another copy that will require special attention to protect?

c. Storage

If you must store the protected information you have collected:

• Ensure that protected information stored on paper or in an electronic format is appropriately secured and access-controlled. 
• Keep your work and personal business separate: Never store protected information on personal storage areas, such as personal flash drives/discs, home computers, external email, or external online storage services.
• Restrict access to your computer using passwords and physical security.  
• Verify that you are using a secured file server.
• Be sure to log off and/or lock your workstation/file cabinets/office when you step away. 
• Configure your computer to automatically lock after a period of inactivity.

d. Use

When using the protected information you have accessed:

• Use protected information only for the purpose for which it was accessed or collected.
• Don’t leave documents unattended or in view of others.  Never leave student data displayed on your computer screen. 
• Make sure confidential conversations cannot be overheard.
• Never use protected information for personal gain or profit, for the gain or profit of others, to satisfy curiosity, gossip, or to engage in academic, personal, or research misconduct.
• Immediately report any misuse of protected information to your supervisor.

e. Sharing 

Before you share protected information, consider:  

• Is it directory information? If yes, has the student opted out of sharing directory information?  
• If it is not directory information or the student has opted out of sharing directory information, do you have the student’s express, written permission to share the information, or is there a release on file with the Registrar?  

• Did you verify the identity of the person you’re sharing information with, even if you think it’s the student?  
• When in doubt, don’t give out protected information. Always err on the side of caution

f. Transmission

Before transmitting protected information electronically:

• Never share protected information via non-encrypted email, text, or messaging platform because these are not secure transmission methods.
• Do not include the student’s ID number in the subject line of the email. 
• Do not share information about a particular student in an email sent to all members of a class or organization.
• Consider using a blind copy (BCC) to ensure greater privacy in an email.
• Confirm you are sending protected information from your �������� email account and that the recipients are the persons you intend to email.  
• Be careful not to forward or reply to emails which are sent to you containing protected information without removing such information prior to transmission.

2. FAQ

a. General

What is a “legitimate educational interest”?

A legitimate educational interest exists where access to protected information is necessary for employees to carry out their job responsibilities in support of the College’s educational mission. Merely being employed by �������� is not sufficient to create a legitimate educational interest: accessing protected information must be (1) related to job responsibilities and (2) in support of the College's educational mission. Having access to protected information does not mean that an employee has a legitimate educational interest nor does it authorize unrestricted use of such information. Legitimate educational interest is limited to the specific record(s) or portions of the record(s) employees need to access to carry out their job duties: a legitimate educational interest in a one record does not create a legitimate educational interest in any other record. A legitimate educational interest for one employee does not constitute authorization to share protected information with any other party. Curiosity is not a legitimate educational interest: employees are not permitted to access FERPA-protected records out of curiosity.

Some legitimate educational interests include:

• Teaching
• Public service
• Academic advising
• General counseling
• Therapeutic counseling
• Discipline and conduct
• Vocational counseling and job placement
• Financial assistance and advising
• Medical services
• Safety
• Raising endowment in support of student scholarships and academic programs
• Academic assistance activities
• Co-curricular activities that are generally supportive of College goals and contribute to the well-being of the participants, including varsity and intramural sports, social fraternities and sororities, specific interest clubs, and student government.

Can I share protected information in a crisis or emergency situation?

If protected information is needed to resolve a crisis or emergency situation, the College may release that information only if the College determines that the information is "necessary to protect the health or safety of the student or other individuals." 

Someone called me and asked for protected information – what do I do?

Employees who are contacted by a parent or other third party to speak about a student's educational records, academic performance, record of discipline, or course of study should refer the caller to the proper records custodian as identified in ��������’s FERPA Policy.

I want to conduct research using information from student transcripts. If I have access to transcripts can I simply run a query to extract the data I need?

No. Anyone conducting research using protected information must receive approval for that research from the Institutional Review Board - Human Subjects Research Review Committee.  In addition, researchers who are utilizing student education records in their research must agree to the following FERPA conditions:

• Use the information only for purposes of the approved research project. Any new use of the information requires new approval.
• Provide adequate protection for the information to ensure that it is not compromised or subject to unauthorized access.
• Ensure that no one outside the research team has access to the information.
• Destroy the information within a reasonable time after completion of the research.

Does FERPA apply to student workers?

Students who perform work for the College may be designated as “school officials” with a “legitimate educational interest” for specific purposes. The same requirements and responsibilities for faculty and staff exist for student workers. Student workers must be trained on FERPA as if they were faculty or staff.

What should I do if become aware of a FERPA violation?

If you inadvertently disclose protected information, or suspect someone else has, you should immediately report this to your supervisor and provide a description of the situation.

b. Internal Sharing

Can I share protected information with faculty or other employees?

In general, you can share protected information internally with other faculty and staff if the person you are sharing the information with has a legitimate educational interest (i.e. they need the information to perform their normal job duties in support of the College’s educational mission). If the information does not relate to the person’s job duties, it should not be shared.

Can I share protected information with officially registered or recognized student groups?

Student groups do not have legitimate educational interest and may not be given protected information about other students without each student’s written consent.

The advisor of a fraternity, who is a faculty member, asked me to provide the grade-point averages for all of their members so that scholarships and academic honors can be awarded. Can I provide this information?

Yes, you can provide the information to the advisor, but you should remind them that they must not release the information to the fraternity members. A better alternative is to ask the advisor for the scholarship requirements, then provide a list of only those members who meet the requirements.

c. Parents

I can share with the student’s parents, right?

Generally, protected information may not be released to parents, family, or friends without the written consent of the student. Faculty wishing to speak with a parent about a student’s academic performance should check with the Registrar to confirm the student has consented to release academic information to their parents. Even if no specific information can be released about a student, faculty and employees can often assist parents by providing general information about the College’s policies and practices that do not violate FERPA. Enrollment procedures, academic calendar information, policy information, and other similar information may be helpful.

A parent calls to talk about their child who was suspended. What can I tell them?

The best approach is not to discuss any specifics of the student's situation. Instead, discuss in general terms the policies and procedures surrounding suspended students and what the next steps are for students in this situation.

A parent calls to talk about why their child received a poor grade in a class. Can I talk with the parent?

Unless the student has given written consent allowing their parent access to their records you cannot discuss specifics of the student’s situation. You can, however, discuss your grading philosophy in general terms, as presented on the course syllabus, taking care not to identify individual students and their records.

I received a frantic phone call from an individual who says that they are a student’s parent and must get in touch with the student immediately because of a family emergency. Can I tell them when and where the student’s next class is?

No. But you may offer to send someone to the student's class/residence to find them and ask them to call home. 

A parent wants the ability to speak weekly with their child’s instructors to discuss how they’re doing in their classes. The student is willing to sign a release form. Am I required to honor this request?

No. The only disclosure required by FERPA is to the student. Even with the student's consent, we are not required to disclose the records to anyone else. The decision regarding whether or not to engage in this sort of dialogue with the parents is up to the faculty member.

I am an �������� employee and a parent to an �������� student, can I look at my own child’s educational records?

No. Although you are an �������� employee, your child is entitled to the same FERPA protection as any other student. You may not use your employee access to look up your child’s records unless you have a legitimate educational interest in those records.

d. Teaching and Classroom

What type of information do faculty have access to?

A student’s progress in a course, deficiencies in a subject area, scores and grades on papers and exams,  academic standing, class schedules, disciplinary action, date of birth, place of birth, religious preference, gender, race, ethnicity, residency status, billing, financial aid data, and student ID numbers are just a few of the pieces of protected information faculty might have a need to access. 

Can I publicly post grades?

Publicly posting grades using a student's name or personally identifiable information (e.g., student ID number or SSN) without the student's written permission is inadvisable and a violation of FERPA even if the students' names are obscured. 

Can I leave graded assignments outside my office for students to pick up?

Distributing graded work in a way that exposes the student's identity or leaving personally identifiable graded papers unattended is no different from posting grades publicly. If the papers contain "personally identifiable" information, then leaving them unattended for anyone to see is a violation of FERPA. If graded assignments cannot be distributed in class, it is acceptable to leave the assignments with a departmental assistant who can verify a student's identity by viewing their College ID card or other form of identification prior to releasing the assignment to the student.

Can education records (grades, billing, medical, and financial data) be sent to students via email?

Yes.  All communications that would normally be sent via the student’s mailing address can be sent to the student’s official �������� e-mail address. Faculty and staff members may share a student’s academic progress in courses, account balances, medical, financial aid, and admission information with students via their official �������� e-mail addresses because the official email confirms the identity of the recipient and helps avoid inadvertent disclosure. 

A student in my class has opted out of sharing directory information and tells me that they cannot participate in required discussions among their classmates for this reason. Do I have to excuse the student from this portion of the course?

No. Confidentiality does not permit the student to impede or be excluded from classroom communication. The student may not be anonymous in class and must participate in all required components of the course.

I teach a class that has a web-based discussion component that is open for the class to see, including each other’s email address and name. Are there any FERPA issues?

Because the discussion is only accessible to student in the class, there is no FERPA violation. However, non-directory information should not be displayed on the site. FERPA regulations specifically state that student usernames can be displayed to others in a class even if a student has opted out of directory information.

Are comments and notes related to a discussion I had with a student considered part of the education record?

Yes, if those comments and notes are kept in a file that is accessible to others. Unless they are "sole possession" records, the comments and notes are part of the student's education record and subject to FERPA. Because FERPA gives the student the right to review any or all of their education record, these notes could be included in that review. Therefore, it is important that notes or comments be factual and objective and that employees who are recording notes or comments avoid making value judgments or using inappropriate language.

I found an interesting new online tool that I'd like to use as part of my class. Is it OK to upload my class list to the vendor's website so that students can log in to the site?

No. Because class enrollment is not directory information, uploading a class list constitutes a release of non-directory information and either requires the prior consent of every student or a contract with the vendor containing four FERPA-specific clauses. If an instructor is considering using any hosted vendor product that requires student information, then the instructor must first check with ITS and the Office of the General Counsel to see if an appropriate contract is in place with the vendor.

Can I share a student’s information with the student via phone?

Yes, but only if you can verify their identity. Simply asking the student for their �������� ID number is not sufficient, also have the student confirm personal details not generally accessible such as: 

• Date of birth;
• Current mailing address;
• Current permanent address;
• Emergency contact(s);
• Address at time of application to Occidental;
• Email address used at time of application to Occidental;
• Major;
• College;
• Class level;
• Courses registered for this term; or
• Name(s) of instructors(s).

Never leave confidential information on a student’s voicemail which may be accessible by others in the household.

I took photos/videos of my class performing a class-related activity – can I post them?

Yes, so long as all of the students identified in the photo have not opted out of sharing directory information. Occidental has designated photos/videos as directory information.

I am concerned about the health and safety of one of my students, can I share protected information with the College’s OBIT/CARE teams?

Yes. Disclosure to the OBIT and CARE teams is appropriate when you are concerned about the student’s health and safety; have noticed a disturbing change in behavior; are concerned about the safety of other students, including in the classroom environment; or reasonably believe the student is in a health or safety emergency. This is considered a disclosure between employees with a legitimate educational interest and is allowed under FERPA.

In certain, limited circumstances, the behavior may also permit disclosure to third parties without the student’s consent. That determination will be made by the OBIT and CARE teams in conjunction with the Office of the General Counsel. 

e. Directory Information

How do I find out if a student has opted out of sharing directory information?

Under FERPA, "directory information" may be released without student permission, unless the student has opted out. Thus, even before sharing directory information, employees must confirm the student has not opted out. To determine if a student has opted-out of sharing their directory information, check the FERPA Admin link in my�������� or contact the Registrar.  If a student has opted out, you must respond to the requestor that we have no record of the person. You may not even acknowledge the fact that the person is or ever was an �������� student.

A student that opted out of directory information has left the school. Now that the student is no longer in attendance, may I disclose that student’s directory information?

No, a school is required to honor the eligible student’s request to opt out of the disclosure of directory information made while the student was in attendance, unless the student rescinds the opt out request.

f. Letters of Recommendation and Background Checks

Can I share protected information in a letter of recommendation?

If any information included in a letter of recommendation is part of the "education record" (e.g. grades, GPA, and other non-directory information) or is an assessment of a student's performance, such as their rank in the class, the student’s written permission is required. 

What information may I include in a letter of recommendation?

You can discuss information provided to you by the student (such as information from their resume), information that you have gained in your academic relationship with the student, and information from personal observation or knowledge (e.g. “is a hard worker”).

A student asked me to write a letter of recommendation for a job application. The student drops off a folder containing their resume (with their GPA), the description of the job, and the address where the letter is to be mailed. Can I include the grade the student received in my class in the letter?

No. Without the student's written permission, you may not disclose any portion of the student's educational record, regardless of what the student disclosed in their resume. FERPA requires explicit (not implied) consent.

I have a letter of recommendation supposedly from a student's adviser at a previous institution. I have reason to believe that the letter has been forged. Is it permissible to return the letter to the alleged creator for verification without the student's permission?

Yes. FERPA permits the return of a record to the creator or originator of that record to verify authenticity without the student's permission.

A caller indicates they are performing a background check on a former student in preparation for a job offer. I do not have written consent from the student to release their educational records. Can I speak to the caller? What questions can I answer?

Yes: You may speak with the caller and answer questions regarding your personal observations of the student. You may also provide directory information (e.g. major, degree received) so long as the student has not opted out. However, without written permission from the student, you may not reveal any information from the student's educational record.

g. Third Parties and Mailing Lists

Can I provide a mailing list of students?

No. The College does not provide mailing lists to any third party for either commercial use or for solicitation of any product or service.

An applicant provides a high school transcript as part of their �������� application. The student is not admitted. Another university asks for a copy of the transcript. Can we provide it?

No. Even though the student did not enroll at �������� – meaning the transcript is not part of ��������’s educational records - FERPA prohibits �������� from re-disclosing an educational record received from another institution unless we have the student's written consent.

A former student has transferred to another university and is now enrolled there. A change was made to the student's �������� record after it was sent to the new university. Must I obtain the student's written consent prior to sending the updated record to the new university?

No. FERPA permits an amended record to be sent to the new institution without the student's consent as long as the disclosure is for purposes related to the student's enrollment or transfer.

A local politician requests a list of names and addresses of all students over 18 years old to send them a letter urging them to register to vote. The politician's office promises that the information sent to the students will be non-partisan in nature. Can I provide the list?

No. Although name and address are directory information, release of such information is at the discretion of the institution. �������� does not release mailing lists to third parties.

h. Law Enforcement and Legal Process

I received a subpoena, warrant, or court order for student records – what should I do?

All subpoenas, warrants, and court orders for student educational records or any other College record should be sent to the Office of the General Counsel. The Office of the General Counsel will determine whether and how to comply with the subpoena and will determine whether student notification of compliance is required.

An FBI agent came to my office and asked for a copy of a student's transcript. The agent is performing a background check on the student. Can I release the transcript?

Only if the agent presents you with a written release signed by the student specifying that the transcript can be released to the FBI.

I received a phone call from the local police department indicating that they are trying to determine whether a particular student was scheduled for a class on a specific day and time. Because this is a police investigation, am I permitted to share a copy of the student's schedule with them?

No. Direct the individual to the Office of the General Counsel. 

3. Do’s and Don’ts

The following statements provide practical guidelines to follow:

1. Do refer requests for protected information to the Registrar.
2. Do keep only those individual student records necessary to fulfill your teaching or advising responsibilities.
3. Do keep any personal records relating to individual students separate from their educational records. Private notes of a professor/staff member concerning a student that are intended for professor's/staff member's own use are not part of the student's educational record.
4. Do properly dispose of (shred) all papers and documents that contain the student’s ID.
5. Do use blind copies (BCC) when emailing groups of students.
6. Do change factual information regarding grades and performance in an education record when the student is able to provide valid documentation that information is inaccurate or misleading. The substantive judgment of a faculty member about a student's work, expressed in grades and/or evaluations, is not within the purview of a student's right to challenge their education records.
7. Do maintain a record of all requests for access to protected information, whether those requests are honored or not. Maintain the record of disclosures as indicated in the Records Retention Policy. Records of requests and disclosures do not have to be maintained for requests by
   • An eligible student;
   • College employees with a legitimate educational interest; or
   • A party seeking directory information.
8. Do Not include the student’s ID in the subject line of an email message.
9. Do Not include the student’s ID on any mailed document if the student’s ID is visible on the document or in a window envelope.
10. Do Not display student scores or grades publicly in association with the student name, student’s ID, Social Security number, or other personal identifier. Scores or grades may be posted using a code known only to you and the student.
11. Do Not leave any paperwork or documents that contain student grades or other information (such as lab reports, exams, or assignments) in view of others (including classmates, other students, faculty, or staff) who do not have a legitimate educational need for that information.
12. Do Not circulate printed class lists containing non-directory information such as, student’s IDs for purposes of taking attendance. Instead, use a blank "sign in" sheet.
13. Do Not upload a class list or any information about a student to a vendor's website without first checking with ITS or the Office of the General Counsel. 
14. Do Not conduct research using student information without first receiving approval from the Institutional Review Board and ensuring compliance with FERPA and other data privacy requirements.
15. Do Not make value judgments or use inappropriate language in any comments or notes that are entered into or stored in shared student files, since these comments and notes are considered part of the education record and are subject to the student's right to review.
16. Do Not request information from the educational record custodian without a legitimate educational interest and the appropriate authority to do so.
17. Do Not share protected information with other faculty or staff unless their official responsibilities demonstrate a legitimate educational interest.
18. Do Not ask for the student’s ID on any document that will be viewed by anyone other than an �������� employee with an educational need to know. Examples:
    • On exams, homework assignments and attendance rosters, especially if other students may view these documents.
    • On questionnaires, surveys and other documents soliciting additional personal information.
    • On checks payable to the College or to the student.
    • On non-academic documents such as an appointment sign-in sheet.
19. Do Not share, by phone or correspondence, information from student educational records, including grades or grade-point averages, with parents or others outside the College, including within letters of recommendation, unless you have written consent from the student.
20. Do Not share directory information before confirming whether the student has opted out of disclosure of directory information. If the student has opted out, you may not release any information, even directory items, regarding that student. You should simply respond to the requestor that we have no record of the person.
21. Do Not include information from medical, psychiatric, or psychological reports; records from law enforcement officials on or off campus; or notes of a professional or staff person which are intended for that individual alone in a student's education records or make them available to the student or a third party.
22. Do Not provide student directory information to any third party for commercial use or for solicitation of any product or service. The College does not provide mailing lists to third parties, even if those lists contain only directory information.
23. Do Not discuss the progress of any student with anyone other than the student (including parents) without the consent of the student.
24. Do Not provide anyone with lists of students enrolled in your classes for any purpose.
25. Do Not share any information (including grades and academic progress) about a student with other students.
26. Do Not discuss any student’s information or academic progress while others nearby are able to hear.
27. Do Not send group emails or texts to students where any information regarding grades or academic progress is discussed and could be connected to a specific student.
28. Do Not share information about a student’s schedule with others (including other students).
29. Do Not share your passwords with others or provide access to a computer where confidential student information or education records can be accessed.

Please contact the Office of the General Counsel if you have any questions about FERPA.

V.  POLICY HISTORY.

Responsible Officer(s): VPSA; General Counsel

Effective Date: April 13, 2026

VI.  RELATED POLICIES AND RESOURCES.