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STUDENT RIGHTS UNDER THE
FAMILY EDUCATION RIGHTS AND PRIVACY ACT OF 1974 AS AMENDED

INTRODUCTION
Washington State Community College is committed to maintaining the confidentiality of student records and abides by Public Law 98-380, The Family Educational Rights and Privacy Act of 1974, as amended. The law insures the confidentiality of student records, permits students access to their records and prohibits the release of records except by permission of the student or by court order, while permitting the continued release of "directory information" without specific permission from the student.

DEFINITIONS
For the purposes of this policy, Washington State Community College has used the following definitions of terms:

Student - any person who attends or has attended Washington State Community College.

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

  1. A personal record kept by a staff member if it is kept in the 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.
  2. An employment record of an individual whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual's employment.
  3. Records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional if the records are used only for treatment of a student and made available only to those personnel providing the treatment.
  4. Alumni records which contain information about a student after he or she is no longer in attendance at the College and which do not relate to the person as a student.
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ANNUAL NOTIFICATION
Student will be notified of their FERPA rights annually by publication in the College's student news publication, The Communicator.
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PROCEDURE TO INSPECT EDUCATION RECORDS
Students may inspect and review their education records upon request to the appropriate records custodian.

Students should submit to the records custodian or an appropriate College staff person a written request that identifies as precisely as possible the record or records he or she wished to inspect.

The records custodian or an appropriate College staff person will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given in 45 days or less from the date of receipt of the request.

When a record contains information about more than one student, the student may inspect and review only the records that relate to him or her.

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LIMITATION ON RIGHT OF ACCESS
Washington State Community College reserves the right to refuse to permit a student to inspect the following records:

  1. The financial statements of the student's parents.
  2. Letters and statements of recommendation for which the student has waived his or her right of access, or which were maintained before January 1, 1975.
  3. Records connected with an application to attend Washington State Community College.
  4. Those records which are excluded from the FERPA definition of education records.
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REFUSAL TO PROVIDE COPIES
Washington State Community College reserves the right to deny copies of records, including transcripts, not required to be made available by FERPA in any of the following situations:

  1. The student lives within commuting distance of Washington State Community College.
  2. The student has an unpaid financial obligation to the College.
  3. There is an unresolved disciplinary action against the student.
  4. The education record requested is an exam or set of standardized test questions.
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LOCATIONS AND CUSTODIANS OF EDUCATION RECORDS
The following is a list of the locations and custodians of records that the College maintains:
LOCATION CUSTODIAN
Business Office Joseph Crone, Controller
Records Office Michael D. Whitnable, Registrar
Student Services Office Rebecca Peroni, Director of Student Services
Nursing Offices Ann Stewart, Director of Practical Nursing
Joyce A. Joy, Director of Associate Degree Nursing
Opportunity Scholars Program Molly Watson, Director
Placement Office Kimberly Payne, Director of Advising and Transfer
Advisor Records Dean's Offices
Faculty Offices
Human Resources Office Susan Bayles
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FEES FOR COPIES OF RECORDS
The fee for copies will be 25 cents per page.
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DISCLOSURE OF EDUCATION RECORDS
Washington State Community College will disclose information from a student's education records only with the written consent of the student, except that records may be disclosed without consent when the disclosure is:

  1. To school officials who have a legitimate educational interest in the records.
  2. A school official is:

    • A person employed by the College in an administrative, supervisory, academic or research, or support staff position, including health or medical staff.
    • A person elected to the Board of Trustees.
    • A person employed by or under contract to the College to perform a special task, such as the attorney or auditor.
    • A student serving on an official committee, such as disciplinary or grievance committee, or who is assisting another school official in performing his or her tasks.

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

    • Performing a task that is specified in his or her position description or contract agreement.
    • Performing a task related to a student's education.
    • Performing a task related to the discipline of a student.
    • Providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid.
    • Maintaining the safety and security of the campus.
  3. To officials of another school, upon request, in which a student seeks or intends to enroll.
  4. To certain officials of the U.S. Department of Education, the Comptroller General, and State and local educational authorities, in connection with audit or evaluation of certain State or federally supported education programs.
  5. In connection with a student's request for or receipt of financial aid to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.
  6. To State and local officials or authorities if specifically required by a State law that was adopted before November 19, 1974.
  7. To organizations conducting certain studies for or on behalf of the College.
  8. To accrediting organizations to carry out their functions.
  9. To parents of an eligible student who is claimed as a dependent for income tax purposes.
  10. To comply with a judicial order or a lawfully issued subpoena.
  11. To appropriate parties in a health or safety emergency.
  12. To individuals requesting directory information so designated by the College.
  13. The results of any disciplinary proceeding conducted by the College against an alleged perpetrator of a crime of violence to the alleged victim of that crime.
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RECORD OF REQUESTS FOR DISCLOSURE
Washington State Community College will maintain a record of all requests for and/or disclosures of information from a student's education records. The record will indicate the name of the party making the request, any additional party to whom it may be disclosed, and the legitimate interest the party had in requesting or obtaining the information. The record may be reviewed by the eligible student.
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DIRECTORY INFORMATION
Washington State Community College designates the following items as Directory Information: student name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities, dates of attendance, degrees and awards received, and most recent school attended. The College may disclose any of those items without prior written consent, unless notified in writing to the contrary.

While the college considers the above categories of information as public information, it is current practice to release only the following information:

  1. graduation lists, academic honor lists (including the honor roll);
  2. names and addresses of recipients of academic scholarships and prizes;
  3. names and addresses of participants in officially recognized activities;
  4. degrees earned by the Registrar's Office;

The student has the right to instruct the college not to publish directory information without a signed release from the student.

The college does not release mailing lists to commercial solicitors.

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CORRECTION OF EDUCATION RECORDS
Students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. Following are the procedures for the correction of records:

  1. A student must ask the appropriate official of Washington State Community College to amend a record. In so doing, the student should identify the part of the record to be amended and specify why the student believes it is inaccurate, misleading or in violation of his or her privacy rights.
  2. Washington State Community College may comply with the request or it may decide not to comply. If it decides not to comply, the College will notify the student of the decision and advise the student of his or her right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's privacy rights.
  3. Upon request, Washington State Community College will arrange for a hearing, and notify the student, reasonably in advance, of the date, place, and time of the hearing.
  4. The hearing will be conducted by a hearing officer who is a disinterested party however, the hearing officer may be an official of the institution. 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 records. The student may be assisted by one or more individuals, including an attorney.
  5. Washington State Community 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 the reasons for the decision.
  6. If Washington State Community College decides that the information is inaccurate, misleading, or in violation of the student's right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.
  7. If Washington State Community College decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, it will notify the student that he or she have a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
  8. The statement will be maintained apart of the student's education records as long as the contested portion is maintained. If Washington State Community College discloses the contested portion of the record, it must also disclose the statement.
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Current as of: 5/14/2008
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