17 Student Educational Rights

Policy Statement (Board Approval Date:  03/22/11)

1. Confidentiality of Student Records:
   1. FERPA Rights: In accordance with the Family Educational Rights and Privacy Act (FERPA – also known as the Buckley Amendment), students of MSC are guaranteed certain rights with respect to their education records.  These rights include:
      1. The right to inspect and review the student’s education records within 45 days of the day MSC receives a request for access. Exceptions to the right to inspect and review records are (a) confidential letters and statements of recommendation—regarding admission, application for employment, or receipt of an honor or honorary recognition—if the student has waived his/her right to inspect and review those letters and statements; and (b) financial records of his/her parents.  Students should submit to the registrar, chief academic officer, head of the academic department, or another appropriate official, written requests that identify the record(s) they wish to inspect.  Positive identification of the student is required prior to examination of records.  The official makes arrangements for access and notifies the student of the time and place where the records may be inspected. The student is not guaranteed the right to seclusion in examining the records or the right to remove any records. If the official to whom the request was submitted does not maintain the records, that official is to advise the student of the correct official to whom the request should be addressed.
      2. The right to request the amendment of the student’s education records that the student believes is inaccurate. Students may ask the official to amend a record that they believe is inaccurate. They should write the official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate. If the official decides not to amend the record as requested by the student, the student is notified of the decision and advised of his/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. The right to consent to disclosures of personally identifiable information contained in the student’s education records except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to College officials with legitimate educational interests.  A college official is a person employed by MSC in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom MSC has contracted (such as an attorney, auditor or collection agent); a person serving on the Board; or a student serving on an official committee, such as disciplinary or grievance committee, or assisting another college official in performing his/her tasks.  A college official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.
      4. The right to refuse the release of directory information. If the student chooses to exercise that right, he/she must appear in person in the Office of the Registrar by the tenth class day in the fall or spring semesters, or the fifth class day in the summer term, and sign a form (Directory Information Hold Form) stipulating that information not be released.  This form is available on the MSC Commons/MSC Forms.
      5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by MSC to comply with the requirements of FERPA. The name and address of the office that administers FERPA are:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC  20202-4605

Procedure

1. Release of Student Information:
   1. Release of Directory Information: In accordance with FERPA, prior student consent is not required to release directory information.  Directory information is a category of information and does not refer to a publication known as a “directory.”
      1. Students have the right to refuse the release of directory information as explained above.\
      2. Information that MSC has declared to be directory information is listed as follows: Student’s name, address, telephone number, electronic mail address, date and place of birth, photographs, participation in officially recognized activities and sports, field of study (major), honors and awards, weight and height of athletes, enrollment status (full-, part-time), dates of attendance, most recent previous school/college attended, classification, degrees and awards received and dates of receipt, and anticipated date of graduation based on completed hours.
   2. Release Consent: FERPA requires the signed and dated consent of the student for the release to anyone (including parents) with the following exceptions:
      1. other college officials within the educational institution who have legitimate educational interests;
      2. to federal, state, and local authorities conducting an audit, evaluation, or enforcement of education programs;
      3. in connection with a student’s application for, or receipt of, financial aid;
      4. organizations or educational agencies conducting legitimate research, provided no personal identifiable information about the student is made public;
      5. accrediting organizations;
      6. parents of a dependent student upon proof of dependency (exclusive of international students) (The Proof of Dependency form is available on the MSC Commons/MSC Forms;
      7. to comply with a judicial order or lawfully issued subpoena;
      8. in connection with an emergency when such information is necessary to protect the health or safety of the student or other persons;
      9. directory information;
      10. results of a disciplinary hearing to an alleged victim of a crime of violence;
      11. final results of a disciplinary hearing to an alleged victim of a crime of violence;
      12. final results of a disciplinary hearing concerning a student who is an alleged perpetrator of a crime of violence and who is found to have committed a violation of the institution’s rules or policies; and
      13. disclosure to the parent of a student under 21 years of age if the institution determines that the student has committed a violation of its drug or alcohol rules or policies.
   3. Transfer of Information to a Third Party: Personal information will only be transferred to a third party on the condition that such party will not permit any other party to have access to the information without written consent of the student. (Student’s Release of Confidential Education Records to Third Parties form is available on the MSC Commons/MSC Forms.)