Student Records Policies and Procedures for Sinclair Community College

The Federal Regulation, Family Educational Rights and Privacy Act (FERPA), applicable to educational institutions, requires institutions to adopt policies and procedures:

1. Granting students access to their individual educational records
2. Establishing procedures for students to challenge records believed to be inaccurate
3. Preventing the release of educational records, except directory information, to third parties without written consent from the student

Attached is a copy of the recently approved student records policy for Sinclair Community College. This should assist you in determining what information can be released, what procedures are to be followed, and who is the custodian of various college records.

Table of Contents

I. Introduction

II. Definitions
      Student
      Education Records
      Personal Identifier

III. Annual Notification

IV. Statement of Rights

V. Locations of Education Records

VI. Procedure to Inspect Education Records

VII. Fees for Copies of Records

VIII. Directory Information

IX. Use of Student Education Records

X. Records of Requests for Access and Disclosures Made From Education Records

XI. Procedures To Seek To Correct Education Records

XII. Adoption

XIII. Posting of Grades by Sinclair Faculty

Student Records

I. Introduction

The policy outlined in this document and procedures to implement are designed to meet the provisions of the Family Educational Rights and Privacy Act (FERPA). Sinclair Community College is committed to the policy and will follow the procedures.

The Board of Trustees authorizes the Sinclair Community College President to inform students of their rights under the policy and to commit his/her administrative resources to carry out the policy as well as to deal with individuals who violate it.

In case a student believes that the college is violating the FERPA, the student has a right to file a complaint with the Department of Education.

II. Definitions

For the purposes of this policy, Sinclair Community College has used the following definitions of terms.

Student

An individual who is receiving or has received instruction in an on or off-campus program, including an activity that is evaluated toward a grade such as a work study program, an academic internship, or a student exchange program.

The term does not apply to an individual prior to or subsequent to an individual's period of attendance at the college such as a candidate for admission, an alumnus, or a postgraduate intern in another institution.

Education RecordsPersonal Identifier

Any record (in handwriting, print, tape, film, or other medium) maintained by Sinclair Community College, an employee of the college, or an agent of the college that is directly related to a student, except:

1. A personal record kept by a college staff person or agent which meets the following tests:
   1. It was made as a personal memory aid;
   2. It is in the sole possession of the person who made it; and,
   3. The information contained in it has never been revealed or made available to any other person except the maker's temporary substitute. (The FERPA and this policy refer to these personal notes as "sole possession" records.)
2. An employment record used only in relation to an individual's employment by Sinclair Community College. However, records related to a student's employment by Sinclair shall be deemed "education records."
3. Records connected with an individual's application for admission to Sinclair Community College prior to the individual's actual attendance as an enrolled student. This includes records connected with an application for admission to one of the College programs prior to the individual's actual enrollment and attendance in that program.
4. Records that relate to an individual as an alumnus after the individual no longer attends or participates in an educational activity for which Sinclair Community College awards a grade or credit.
5. Records maintained by the Sinclair Community College Campus Police used only for law enforcement purposes. Law enforcement records shall be kept separate from education records.
   1. In the event the Campus Police obtain any educational record and/or personally identifiable information concerning a student, such record or information remains confidential and may not be disclosed without prior written consent of the student.
   2. No person (including any college official) will have access to information contained in the Campus Police records except law enforcement officers with jurisdiction on Sinclair Community College Campus except to the extent access is permitted by the Ohio Public Records Act.

Any data or information that relates a record to an individual. This includes the individual's name, the name of the individual's parents or other family members, the individual's address, the individual's social security number, any other number or symbol that identifies the individual, a list of the individual's personal characteristics, or any other information that would make the individual's identity known and could be used to label a record as the individual's.

III. Annual Notification

Sinclair Community College will publish in the Student Handbook a notice to students of their rights under the FERPA. The College will also send an electronic notice to currently registered students at their student email address after the beginning of each academic quarter.

The notice will include, but not be limited to, the following:

1. The right of students to inspect and review their educational records.
2. The intent of Sinclair Community College to limit the disclosure of information contained in a student's education records to the following circumstances:
   1. with the student's prior written consent;
   2. as an item of directory information which the student has not refused to permit the college to disclose; or,
   3. under the FERPA provisions which allow the college to disclose information without the student's prior written consent.
3. The right of a student to petition Sinclair Community College to amend or correct any part of his/her education record which the student believes is inaccurate, misleading, or in violation of the privacy or other rights of students. When the college decides it will not amend or correct a student's record, the student has a right to a hearing to present evidence that the record is inaccurate, misleading, or in violation of the privacy or other rights of students.
4. The right of any person to file a complaint with the Family Education Rights and Privacy Act Office, Department of Education, if Sinclair Community College violates the FERPA.
5. The right of the student/any person to obtain a copy of the Sinclair Student Records Policy.

IV. Statement of Rights

Sinclair Community College recognizes student's rights under the Family Educational Rights and Privacy Act and this policy. Since a student's education record will be used repeatedly by College officials and others to make important decisions affecting the student's academic program and future career, the student should assume a personal responsibility to make certain that his/her education record is complete and accurate.

This policy is intended to inform students about Sinclair Community College's procedures to provide students their rights to:

1. Inspect and review their education records;
2. Exercise control (with some limitations) over disclosures of information contained in their education records;
3. Seek to correct their education records, in a hearing if necessary, when they believe their records are inaccurate, misleading, or in violation of the privacy or other rights of students;
4. Report violations of FERPA to the Family Education Rights and Privacy Act Office, Department of Education; and,
5. Be informed about their FERPA rights.

Sinclair Community College has placed responsibility for administration of the FERPA with an officer, designated as the FERPA Coordinator, in the Office of Registration & Student Records. This person is responsible for the administration of this policy. Students who have problems or questions related to the policy should contact the FERPA Coordinator for help.

V. Locations of Education Records

VI. Procedure to Inspect Education Records

Sinclair Community College encourages students to inspect and review their education records at least once during each academic year or, if a student has a special need, more frequently. Students who wish to inspect and review their records should submit a written request to the record custodian or to the FERPA Coordinator. The request should identify as accurately as possible the specific records the student wishes to inspect and review. It may identify records according to the types listed in this policy under "Types of Education Records," as records located at specific places, or as records under the custodianship of specific College officials identified by title. Records listed in this policy as "Occasional Records" should be identified in terms that will make it possible for the FERPA Coordinator to locate them and make them available for the student to inspect and review.

If it is mutually convenient, the record custodian or the FERPA Coordinator will allow the student to inspect the record at once. If the student cannot inspect the records immediately, the official responsible for responding to the request will discuss with the student the possible arrangements for the inspection. This discussion will deal with items such as place, time, records security, whether the inspection should be at a single location or arranged at several locations, and whether the student will need a resource person to explain certain records.

The FERPA Coordinator or the record custodian will make the needed arrangements and advise the student when and where the records will be available. The procedure will be completed as promptly as possible; but, in all cases, the student will be permitted to inspect the record within 45 calendar days after the custodian or FERPA Coordinator receives the student's request. If, for any valid reason such as work hours, distance from a student's place of residence to a record location, distance between record location sites, or health, a student cannot personally inspect and review his/her education record, Sinclair Community College will arrange for the student to obtain copies of the record. See Section III for information regarding fees for copies of records.

When a record contains personally identifiable information about more than one student, a student may inspect only the information that relates to him/her.

Sinclair Community College reserves the right to refuse to permit a student to inspect and review the following education records:

1. The financial statement of the student's parents.
2. Statements and letters of recommendation prepared by Sinclair Community College officials or submitted with the student's application for admission that were placed in the student's records before January 1, 1975 or for which the student has waived his/her right of access in writing. If, however, these statements and letters have been used for any purpose other than that for which they were originally prepared, the student may inspect and review them.
3. Those records that are excluded from the FERPA definition of education records.

VII. Fees for Copies of Records

Sinclair Community College will charge the following fees for copies of education records:

1. Transcripts will be provided for the fee which is in effect at the time of the request.
2. FERPA required copies of educational records—The law requires the college to provide copies of educational records to students when:
   
   
   1. A failure to do so would effectively deny the student the right to inspect and review the student's record.
   2. The College has disclosed information from the student's education record under authority of the student's prior written consent, and the student requests a copy of the information disclosed.
   3. The student requests copies of records the college has disclosed to other schools where the student seeks or intends to enroll.
      
   The college will waive or reduce the fees for FERPA required copies for records if the fee effectively denies the student access to his/her record. Also, this fee is for actual copying cost and does not include the cost of search and retrieval. The fee for these copies is 25 cents per page. Fees are subject to annual review and may change without notice.
3. Copies (not signed and certified) of education records will be available to students, even though the FERPA does not require them, at cost (25 cents per page).

Sinclair Community College will furnish at no cost, copies of records involved in a request to change them when the college asks the student to make a written request for the change.

VIII. Directory Information

Sinclair Community College proposes to designate the personally identifiable information contained in a student's education record listed below as "directory information" so that the college may, at its discretion, disclose the information without a student's further prior written consent:

1. The student's name;
2. The student's date and place of birth;
3. Dates of enrollment;
4. Participation in officially recognized activities and sports; including special honors, distinctions, and awards
5. Weight and height of student athletes;
6. The student's major field of study;
7. Degrees or certificates earned;
8. . Most recent previous educational institution
9. Address; including e-mail address
10. Phone number.
11. Digitally captured identification photos
12. Digital records of student use of college facilities (e.g. locker room)

During the first month of each academic quarter, Sinclair Community College will send an electronic notice to currently registered students at their student email address, providing them the opportunity to review the above list, or a revised list, of the items of directory information it proposes to designate as directory information.

Students may notify the FERPA Coordinator in writing at any time if they do not wish this information released. When the FERPA Coordinator receives a student's request to not release directory information about the student, the FERPA Coordinator, the Director of Registration & Student Records will mark the student's computer file accordingly. No further disclosures of this information will be made without the student's prior written consent except to parties who have legal access to students' records without written consent.

Custodians of records will refer all requests for directory information about students to the FERPA Coordinator unless the Coordinator has authorized a custodian to disclose certain items under specified circumstances.

IX. Use of Student Education Records

All officials of Sinclair Community College will follow a strict policy that information contained in a student's education record is confidential and may not be disclosed to third parties without the student's prior written consent except as otherwise provided in this section of Sinclair Community College's Student Records Policy.

The College maintains student education records in order for the administrative staff and the faculty to perform their proper functions to serve the student body. To carry out their responsibilities, these officials will have access to student education records for legitimate educational purposes.

To establish who are College officials having access to education records, Sinclair Community College will apply the criteria listed below. An official is:

1. A person appointed to the Sinclair Community College Board of Trustees.
2. A person approved by and under contract to the Sinclair Community College Board of Trustees in an academic faculty position.
3. A person under contract to the Sinclair Community College Board of Trustees to serve in a Sinclair Community College administrative position.
4. A person employed by Sinclair Community College as a temporary for an administrative staff member or faculty member for the period of his or her performance as a substitute.
5. A person employed by Sinclair Community College or under contract to the Sinclair Community College Board of Trustees to perform a special administrative task. These would be persons such as police officers, secretaries, clerks, attorneys, auditors, and consultants for the period of their performance as employees or contractors.
6. Students, volunteers or other non-employees performing institutional services and functions for which Sinclair Community College would otherwise use employees under the direct supervision of an administrative staff member or academic faculty member. These would include institutional services and functions such as serving on official committees, working for the college, or assisting another school official in performing his or her tasks.

College officials who meet the criteria listed above will have access to personally identifiable information contained in student education records if they have a legitimate educational interest in doing so. A "legitimate educational interest" is the person's need to know in order to:

1. Perform an administrative task outlined in the official's position description or contract approved by the Sinclair Community College Board of Trustees;
2. Perform a supervisory or instructional task directly related to the student's education; or
3. Perform a service or benefit for the student such as counseling, student job placement, or student financial aid.

Within the general policy that College officials must secure a student's prior written consent before they disclose personally identifiable information contained in the student's education records, Sinclair Community College reserves the right for its officials to make such disclosures without the student's consent in the following circumstances:

1. When certain Federal and State officials need information in order to audit or enforce legal conditions related to federally-supported education programs at the college.
2. To parties who provide or may provide financial aid to the student in order to:
   1. Establish the student's eligibility for the aid;
   2. Determine the amount of financial aid;
   3. Establish the conditions for the receipt of the financial aid; or
   4. Enforce the terms of the agreement between the provider and the receiver of the financial aid.
3. Sinclair Community College will continue to disclose the specific items of personally identifiable information contained in a student's education record which a State law adopted prior to November 19, 1974, required it to disclose to State or local officials.
4. When Sinclair Community College has entered into a written agreement or contract for an organization to conduct a study on the college's behalf to develop tests, administer student aid, or improve instruction.
5. To persons or organizations conducting studies for educational agencies or institutions to develop tests, administer student aid, or improve instruction; provided the study is conducted in a manner that does not permit disclosure of personally identifiable information to third parties (other than the person or organization conducting the study), and the personally identifiable information is destroyed when no longer needed for the study.
6. To accrediting organizations to carry out their accrediting functions.
7. To parents of a student if the parents claim the student as a dependent under the Internal Revenue Code of 1954. Sinclair Community College will exercise this option only on the condition that evidence of such dependency is furnished to the FERPA Coordinator, and all requests for disclosures under this provision are referred to that office.
8. To comply with a judicial order or lawfully issued subpoena. The College will make a reasonable effort to notify the student before it makes a disclosure under this provision.

All requests for disclosure under the eight circumstances listed above (where the college may disclose information without prior consent to third parties other than its own officials) will be referred to the FERPA Coordinator. The FERPA Coordinator will approve or disapprove the request and an official may not make the disclosure unless it is approved. In health or safety emergencies, Sinclair Community College authorizes its officials to make provided disclosures from student educational records, if the official deems:

1. The disclosure to be warranted by the seriousness of the threat to the health or safety of the student or other persons;
2. The information to be necessary and needed to meet the emergency;
3. The persons to whom the information is to be disclosed to be qualified and in a position to deal with the emergency, and;
4. Time to be an important and limiting factor in dealing with the emergency.

Officials of Sinclair Community College may not disclose personally identifiable information contained in a student's education record (except directory information or under the circumstances listed above) except with the student's prior written consent. The written consent must include at least:

1. A specification of the information the student consents to be disclosed;
2. The purpose for which the disclosure may be made;
3. The person or organization or the class of persons or organizations to whom the disclosure may be made; and,
4. The date of the consent and, if appropriate, a date when the consent is to be terminated.

The student may obtain a copy of any records the college discloses by the student's prior written consent.

Sinclair Community College will not release information contained in a student's education records, except directory information, to any third parties except its own officials, unless those parties agree that they will not redisclose the information without the student's prior written consent.

X. Records of Requests for Access and Disclosures Made from Education Records

All requests for disclosures of information contained in a student's education record or for access to the record made by persons other than Sinclair Community College officials or the student or those requests accompanied by the student's prior written consent will be submitted to the FERPA Coordinator. The FERPA Coordinator will approve or disapprove all such requests for access and disclosures and, except for requests for directory information, the Coordinator will maintain a record of these actions. This record will be the college's record of requests and disclosures from education records as required by section 99.32 of the FERPA regulations.

This record of requests for and disclosures made from education records will be available only to the FERPA Coordinator or the record custodians, the student, or to Federal, State or local officials for the purpose of auditing or enforcing the conditions for federally-supported educational programs.

The record will include at least:

1. The name of the person or agency that made the request;
2. The interest the person or agency had in the information;
3. The date the person or agency made the request; and
4. Whether the request was granted and, if it was, the date access was permitted or the disclosure was made.

The College will maintain this record of disclosures as long as it maintains the student's education record.

XI. Procedures To Seek To Correct Education Records

Request for Correction—Sinclair Community College encourages students to periodically inspect and review their education records to be sure the records correctly reflect their academic progress and other achievements. The College will permit students to challenge the contents of their education records to ensure that the records are not inaccurate, misleading, or otherwise in violation of their privacy or other rights of students.

For the purpose of outlining the procedure to seek to correct education records, the term "incorrect" will be used to describe a record that is inaccurate, misleading, or in violation of the privacy or other rights of students. The term "requester" will be used to describe a student or former student who is asking the college to correct a record.

If a student or former student discovers an incorrect item in his/her education record, the individual should informally discuss the problem with the record custodian. If the custodian finds the record is incorrect because of an obvious error, and it is a simple matter to correct it to the satisfaction of the requester, the custodian may make the change. If the custodian cannot change the record to the requester's satisfaction or the record does not appear to be obviously incorrect, the custodian will:

1. Provide the requester a copy of the questioned record at no cost; and,
2. Ask the requester to initiate and provide the custodian a written request for the change.

The written request should identify the item the requester believes is incorrect and state whether it:

1. Is inaccurate and why;
2. Is misleading and why, and/or;
3. Violates the privacy or other rights of students and why.

The requester must date and sign the request.

The record custodian will then add any material to support his/her refusal to change the record to the request and send it to the FERPA Coordinator. The FERPA Coordinator will examine the request, discuss it with appropriate Sinclair officials, including the person who initiated the record and other persons who might have an interest in the questioned item. At the conclusion of this investigation, the FERPA Coordinator will summarize his/her findings, make a recommendation for College action, and deliver the request, the custodian's statement, his/her summary of findings, and his/her recommendation to the Vice President for Student Services.

The Vice President for Student Services will instruct the FERPA Coordinator whether the record should or should not be changed in accord with the request. If the decision is to change the record, the FERPA Coordinator will advise the custodian to make the change. The custodian will advise the requester in writing when he/she has changed the record and invite the requester to inspect the corrected record.

If the college's decision is that the record is correct and should not be changed, the FERPA Coordinator will prepare and send the requester a letter stating the decision. This letter will also inform the requester that:

1. The College will provide an opportunity for a hearing for the requester to present evidence that the record is inaccurate, misleading, or that it violates the privacy or other rights of students.
2. The requester may be represented or assisted in the hearing by other parties including an attorney. (The College will not assume the costs for such assistance or representation.)
3. The requester (if he/she wishes a hearing) should contact the FERPA Coordinator to discuss such details as an acceptable hearing officer, time and place for the hearing, and the time needed to present evidence. (The College will not be bound by the requester's wishes in these matters but will, as far as possible, arrange the hearing as the requester wishes.)

The hearing—The FERPA Coordinator will report to the Vice President for Student Services that the requester has asked for a hearing and recommend a hearing officer, time, and place. The Vice President for Student Services will formally appoint a hearing officer and advise the FERPA Coordinator of the appointment. The FERPA Coordinator will then arrange for the place, set a time for the hearing, and notify the requester of the arrangements.

At the hearing, the requester will be allowed a full and fair opportunity to present evidence and testimony to support his/her belief that the challenged material in his/her education record is inaccurate, misleading, or in violation of the privacy or other rights of students. The College reserves the right to challenge evidence and cross-examine witnesses, and it will allow the requester to challenge evidence it presents and cross-examine witnesses it calls in the hearing.

Within two weeks after the hearing, the hearing officer will prepare a summary of the evidence presented at the hearing and make a recommendation, based solely on evidence presented at the hearing, concerning the request to change the record. The hearing officer will present the summary of the evidence and the recommendation to the Vice President for Student Services.

The Vice President for Student Services will advise the FERPA Coordinator of the college's decision and provide him/her a copy of the summary of the evidence presented at the hearing.

Post hearing decision—If the college's decision is that it should change the student's record, the FERPA Coordinator will advise the record custodian to make the change. The FERPA Coordinator will then advise the requester in writing outlining the exact changes which the custodian will make.

If the college decides it will not change the record, the FERPA Coordinator will prepare a written notice to the requester. The notice will include:

1. The College's decision not to change the record;
2. A copy of the summary of the evidence presented at the hearing and a written statement of the reasons for the college's decision; and,
3. Advice to the requester that he/she may place in the record his/her explanatory statement giving any reasons he may have for disagreeing with the college's decision and the basis for his/her belief that the record is incorrect.

Final administrative step—When Sinclair Community College receives an explanatory statement from a requester after a hearing, it will maintain the statement as part of the student's education record as long as it maintains the questioned part of the record. Whenever the questioned part of the record is disclosed, the explanatory statement will also be disclosed.

XII. Adoption

The Board of Trustees of Sinclair Community College adopted this student records policy at its October 10, 1995 meeting. The Board directs and authorizes College officials to establish and put into effect the procedures to implement the policy beginning immediately.

Copies of the policy will be available for student review in the office of the Dean of each division. Free copies will be available to students upon request at the Office of Registration & Student Records.

XIII. Posting of Grades by Sinclair Faculty

The public posting of grades either by the student's name, institutional student identification number, or social security number without the student's written permission is a violation of The Family Educational Rights and Privacy Act (FERPA). Even with names obscured, numeric student identifier numbers are considered personally idenifiable information. Therefore, the practice of posting grades by social security number or student identification number violates FERPA.

Instructors and others who post grades should use a system that ensures FERPA requirements are met. This can be accomplished either by obtaining the student's uncoerced written permission to do so or by using code words or randomly assigned numbers that only the instructor and individual student know. The order of posting should not be alphabetic.

Another method used to notify students of their final or other grades by faculty prior to official institutional notifications to have any interested students complete a postcard with their name and mailing address on the address side and the course name/number on the message side. the completed postcard is given to the instructor who writes the student's grade on the message side and mails it to the student when grades have been determined.