For the purposes of this policy, Concordia College has used the following definitions of terms. Student- any person who attends or has attended Concordia College and regarding whom Concordia maintains records. Education records- any record (in handwriting, print, tapes, film or other medium) maintained by Concordia College or an agent of the college which is related to a student, except:
(1) Records that are kept in sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the make of the record.
(2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
(3) (i) Records relating to an individual who is employed by an educational agency or institution, that:
(A) Are made and maintained in the normal course of business;
(B) Relate exclusively to the individual in that individual's capacity as an employee; and
(C) Are not available for use for any other purpose.
(ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under paragraph (3)(i)(B) of this definition.
(4) Records on a student who is 18 years of age or older, or is attending an institution of post-secondary education, that are:
(i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;
(ii) Made, maintained or used only in connection with treatment of the student, and
(iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, "treatment" does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution.
Procedure To Inspect Education Records
The federal Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An "eligible student" under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) Students have the right to inspect and review the student's education records within 45 days of the day the College receives a request for access. Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. The Official Record Keeper will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed. If a record must be copied, a fee of $2.00 per page may be assessed.
a. Official "Record Keepers"
If the education records of a student contain information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information about that student.
A postsecondary institution does not have to permit a student to inspect and review education records that are: Financial records, including any information those records contain, of his or her parents; Confidential letters and confidential statements of recommendation placed in the education records of the student before January 1, 1975, as long as the statements are used only for the purposes for which they were specifically intended; and Confidential letters and confidential statements of recommendation placed in the student's education record after January 1, 1975, if: (i) The student has waived his or her right to inspect and review those letters and statements and (ii) Those letters and statements are related to the student's applications for employment or receipt of an honor or honorary recognition.
A waiver under this section is valid only if: The educational agency or institution does not require the waiver as a condition or receipt of a service or benefit from the agency or institution; and the waiver is made in writing and signed by the student, regardless of age.
If a student has waived his or her rights under paragraph (3)(i)(B) of this section, the educational institution shall: Give the student, on request, the names of the individuals who provided the letters and statements of recommendation; and use the letters and statements of recommendation only for the purpose for which they were intended.
A waiver under this section may be revoked with respect to any actions occurring after the revocation. A revocation under this section must be in writing.
The law requires that each educational institution annually notify eligible students currently in attendance, and their parents, of their rights under the Act. The notice must inform eligible students that they have the right to (1) inspect and review the student's educational records; (2) seek amendment of the students' education records that the eligible student believes to be inaccurate, misleading or otherwise in violation of the student's privacy rights; (3) consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that the Act and §99.31 authorize disclosure without consent; and (4) file with the Department a complaint under §§99.63 and 99.64 concerning alleged failures by the institution to comply with the requirements of the Act.
Concordia College will maintain a record of all requests for and/or disclosure 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 redisclosed, and the legitimate interest the party had in requesting or obtaining the information. The record may be reviewed by the parents or eligible student.
The primary purpose of directory information is to allow the college to include this type of information from a student's education records in certain publications. Examples include: a playbill, showing student's role in a production, the annual yearbook, honor roll or other recognition lists, graduation programs, and sports activity sheets. Directory iinformation, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without prior consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks,. The law and the College define directory iinformation to include the following: confirmation of enrollment or admittance; a student's name, home and campus address and phone numbers; verification of student's signature; e-mail address; parents' names and addresses; date and place of birth; major and minor files of study; classification; full/part-time status; participation in officially recognized activities and sports; weight and height of members of athletic teams; dates of attendance; degrees, honor and awards received; photograph; and the most recent educational agency or institution attended. Directory information does not include a student's social security number or student identification (ID) number, except when used by the student for purposes of accessing or communicating in electronic systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a personal identification number (PIN), password, or other factor known or possessed only by the authorized user. The student has the right to suppress release of "Directory Iinformation" by the College by notifying the College in writing by the published deadline, and such notice to the College shall be honored for one academic year or a shorter period of time at the student's request.
CORRECTION OF EDUCATION RECORDS (Required)
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 custodian of record at Concordia College to amend a record. In so doing, the student should identify the part of the record he/she wants changed and specify why he/she believes it is inaccurate, misleading or in violation of his or her privacy or other rights.
2. Concordia College may comply with the request or it may decide not to comply. If it decides not to comply, Concordia College will notify the student of the decision and advise him/her of his/her right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's rights.
3. Upon request, Concordia 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 educations records. The student may be assisted by one or more individuals, including an attorney.
5. Concordia 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 Concordia 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 decision.
7. The statement will be maintained as part of the student's education records as long as the contested portion is maintained. If Concordia College discloses the contested portion of the record, it must also disclose the statement.
8. If Concordia College decides that the information is inaccurate, misleading, or in violation of the student's right of privacy, it will amend the record and has been amended.