PALMER COLLEGE SYSTEM

INSTITUTIONAL POLICY ON PRIVACY OF STUDENT RECORDS

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

For the purposes of this policy, Palmer has used the following definitions of terms.

Student – any person who attends or has attended Palmer.

Education records – any record (in handwriting, print, electronic file, tapes, film, or other medium) maintained by the College or an agent of the College which is directly related to a student.  This record can contain a student’s name or students’ names or information from which an individual student or students can be personally identified.

Items Not Considered an Education Record

1. Sole Possession Records:  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. Employment Records: A 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. Law Enforcement Records:  Records maintained by the Palmer Campus Safety or Security Departments if the record is maintained solely for agencies of the same jurisdiction, and the department does not have access to education records maintained by the College.
4. Counseling Records:  Records which are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional, acting in his/her professional capacity or assisting in a paraprofessional capacity, used solely in connection with the provision of treatment to the student and not disclosed to anyone other than individuals providing such treatment, so long as the records can be personally reviewed by a physician or other appropriate professional of the student’s choice. (Appropriateness may be determined by Palmer officials.) "Treatment" in this context does not include remedial educational activities or activities which are part of the program of instruction at the institution.
5. Health Records: Records maintained by the Palmer Clinics if the records are used only for treatment of a student and made available only to those persons providing the treatment.
6. Alumni Records: 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.

Records of written verification of enrollment, grade point average, etc., which are requested by the student, are not considered to be a part of the student’s permanent education record. Such records are maintained in the student’s file for reference purposes until the file is placed in inactive status, upon graduation or leaving the College.

Annual Notification of FERPA Rights

Current students are notified of their Family Educational Rights and Privacy Act (FERPA) rights by publication at the College Orientation and in each published college Student Handbook and the College Catalog.

Student Rights with Respect to Student Records

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their educational records.  These rights are:

1. The right to inspect and review the student’s education records within 45 days of the day the College receives a request for access.
2. The right to consent to disclosure of personally identifiable information contained in the student’s educational record, except to the extent that FERPA authorizes disclosure without consent.
3. Except as provided in (2) above, the right to request that directory information be withheld from release.
4. The right to request an amendment of the student’s educational records that the student believes are inaccurate or misleading.
5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA.

Specific details of each of the above student rights are detailed below.

Procedure to Inspect Education Records

Students may inspect and review their official academic or other education records upon written request to the appropriate office as stated below.

A. Academic Records

Students should submit to the appropriate office a written request that identifies as precisely as possible the record or records they wish to inspect. A standard "Right to Review Education Records" form is available in the Registrar’s Office.

B. Other Records

The appropriate department staff will arrange for access to the record as promptly as possible. Access is usually provided within one working day (24 hours), but must be provided within 45 days from receipt of the request. Upon making the request, the student will be notified of the date and time for inspection of his/her records. (A generic form is available from the Registrar’s Office.)

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

 

Types, Locations and Custodians of Education Records

The following is a list of the types of records that the college maintains, their locations, and their custodians. Students may inspect and review their education records upon request to the appropriate custodian.  Physical removal of files from offices is forbidden.

Right to Refuse Access

Palmer reserves the right to refuse to permit a student to inspect the following records:

1. The financial statement 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 placed in file before January 1, 1975.
3. Documents containing information on more than one student.
4. Records connected with an application to attend Palmer College after acceptance but prior to enrollment, or if that application was denied.
5. Those records which are excluded from the FERPA definition of education records.

Refusal to Provide Copies

Palmer reserves the right to deny academic transcripts or copies of records not required to be made available by FERPA in any of the following situations:

1. The student has an unpaid financial obligation to the college.
2. There is an unresolved disciplinary action against the student. Copies of disciplinary records will only be made available when a student is unable to come to the office to inspect the record.

Disclosure of Education Records

Palmer will disclose information from a student’s education record only with 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.
• A person serving on the Board of Trustees
• A person or company with whom the College has contracted, such as an attorney, auditor, security firm, or collection agent.
• A student serving on an official committee such as a disciplinary or grievance committee or assisting another College official in performing his or her tasks.

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

• Performing a task that is specified in his or her position description or by a contract agreement.
• Performing a task related to a student’s education.
• Performing a task related to the discipline of a student.

2. To officials of another school, upon request, in which a student seeks or intends to enroll. A reasonable attempt will be made to notify the student prior to the release of such records.
3. To certain officials of the U.S. Department of Education, the Controller General, Attorney General, and the state and local educational authorities, in connection with certain state or federally supported education programs.
4. In connection with a student’s request for or receipt of financial aid, as necessary to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid. Parents’ financial information, including statements submitted in connection with financial aid applications, is excluded from inspection.
5. If required by a state law requiring disclosure that was adopted before November 19, 1974.
6. To organizations conducting certain studies for or on behalf of the college.
7. To accrediting organizations to carry out their functions.
8. To comply with a judicial order or a lawfully issued subpoena.
9. To appropriate parties in a health or safety emergency.
10. To an alleged victim of a crime or violence, we may release the results of the disciplinary hearing against the alleged perpetrator of that crime with respect to that crime or offence.
11. To courts for a legal proceeding brought by a parent or student against the college or by the college against a parent or student.
12. If designated as directory information.

Record of Requests for Disclosure

Palmer will maintain a record of all requests for disclosure of information from a student’s education record, with the exceptions listed below, for access to and disclosure of, personally identifiable information from education records. The record or request must include the date of request, a description of the education records to release, the name of the party making the request, any additional party to whom it may be re-disclosed, the legitimate interest the party had in requesting or obtaining the information, and a time for how long the release is effective. A record does not have to be kept if the request was made by or disclosure was made to:

1. the eligible student;
2. a school official who has been determined to have a legitimate educational interest;
3. a party with written consent from the eligible student;
4. a party seeking directory information only; or
5. a party seeking or receiving the records as directed by a federal grand jury or other law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or contents of the subpoena or the information issued in response to the subpoena not be disclosed. Subject to FERPA limitations, the eligible student may review the record. These records will be maintained with the education records of the student as long as the records of the student are maintained by the institution.

Directory Information

The College is authorized under provisions of FERPA to release "Directory Information" upon request unless a student explicitly asks the registrar not to do so.

Directory Information is information which is generally not considered harmful or an invasion of privacy if disclosed.  Palmer has divided directory information into two categories; personal directory information and academic directory information.

Personal directory information includes only the following items:

• Student’s full name
• Campus post office box, local, permanent and e-mail addresses
• Telephone number
• Birth date
• Birthplace
• Past and present participation in officially recognized activities, including intercollegiate athletics
• Height and weight of intercollegiate athletes
• Photographic image

Academic directory information includes only the following items:

• Student’s full name
• Class level / trimester or quarter status
• Dates of attendance (defined as term beginning and ending dates), expected degree date
• Full or part-time status
• Institutions previously attended
• Degrees, as well as awards and honors conferred
• Eligibility for membership in College honoraries

No other information may be released concerning a student without the written authorization of that student. If a student prefers not to have any information about herself/himself released to anyone, that student must fill out a non-disclosure form and submit it to the Registrar’s Office. Requests for non-disclosure may be filed with the Registrar’s Office during the registration period and throughout the academic year. Once filed, the request remains in effect until cancelled by the student, regardless of when the request was filed, unless a written request to remove it is received. Requests for former students are honored at the college’s discretion.

Correction of Education Records

Students have the right to request an amendment of the student’s educational records 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 may ask the College to amend a record that they believe is accurate or misleading.  They should write the Registrar or other appropriate College official responsible for the record, clearly identifying the part of the record they want changed, and specify why it is inaccurate or misleading. 
2. Palmer may comply with the request or it may decide not to comply.  If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
3. A hearing officer who is a disinterested party will conduct the hearing; 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 issue raised in the original request to amend the student’s education records.
4. Palmer 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.
5. If the 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/she has 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.
6. The statement will be maintained as part of the student’s education records as long as the contested portion is maintained. If the College discloses the contested portion of the record, it must also disclose the statement.
7. If the 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.

Right to File a Complaint

The student has a right to 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 of the Office that administers FERPA is:

            Family Policy Compliance Office

            U.S. Department of Education

            400 Maryland Avenue, S.W.

            Washington, D.C.  20202-4605