Notification of Rights under the Family Educational Rights and Privacy Act
The Family Educational Rights and Privacy Act (FERPA) afford 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.) These rights include:
- The right to inspect and review the student's education records within 45 days after the day Haywood Community College receives a request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The College official 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.
- The right to request the amendment of the student's education records that the student
believes is inaccurate, misleading, or otherwise in violation of the student's privacy
rights under FERPA.
A student who wishes to ask the College to amend a record should contact the Vice President of Student Services, clearly identify the part of the record the student wants changed, and specify why it should be changed.
If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student's 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.
- The right to provide written consent before the college discloses personally identifiable
information (PII) from the student's education records, except to the extent that
FERPA authorizes disclosure without consent.
The College discloses education records without a student's prior written consent under the FERPA exception for disclosure to College officials with legitimate educational interests. A College official is a person employed by HCC in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A College official also may include a volunteer or contractor outside of HCC who performs an institutional service or function for which the College would otherwise use its own employees and who is under the direct control of the College with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another College official in performing his or her tasks. A College official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for Haywood Community College.
- FERPA permits the disclosure of PII from student's education records, without the
consent of the student, if the disclosure meets certain conditions found in the law.
Except for disclosures to College officials, disclosures related to some judicial
orders or lawfully issued subpoenas, disclosures of directory information, and disclosures
to the student, FERPA regulations require the institution to record the disclosure.
Eligible students have a right to inspect and review the record of disclosures. HCC
will release a student's educational records without his or her approval only under
the following circumstances:
- to HCC officials, contractors, consultants, volunteers, or agents who have legitimate educational interest in the records.
- to officials of another college or university in which a student seeks to enroll.
- to certain federal and state educational authorities for purposes of enforcing legal requirements in federally-supported educational programs. These agencies may make further disclosures of PII to outside agencies that are designated as authorized representatives of the agencies.
- to persons or entities involved in determining the eligibility or granting of financial aid for which the student has applied.
- to testing and research organizations conducting certain studies for or on behalf of the College.
- to accrediting organizations.
- in compliance with a court order or lawfully-issued subpoena.
- in very narrowly defined emergencies affecting the health and safety of the student or other persons.
- to state and local authorities, within a juvenile justice system, pursuant to specific state law.
- To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.
- to parents of eligible students if the student is a dependent for IRS tax purposes.
- to the general public, the final results of a disciplinary proceeding, subject to the requirements of FERPA, if the College determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the College's rules or policies with respect to the allegation made against him or her.
- To parents of a student regarding the student's violation of any Federal, State, or
local law, or of any rule or policy of the College, governing the use or possession
of alcohol or a controlled substance if the College determines the student committed
a disciplinary violation and the student is under the age of 21.
- Directory Information. HCC may disclose appropriately designated "directory information"
without written consent, unless you have advised the College to the contrary in accordance
with HCC's policies and procedures. The primary purpose of directory information is
to allow the College to include information from your education records in certain
publications. If you do not want HCC to disclose any or all of the types of information
designated below as directory information from your education records without your
prior written consent, you must submit a completed Student Release Form to the Office
of Enrollment Management fourteen (14) days of the beginning of the academic year
or within fourteen (14) days of your enrolling in the college, examples include:
- News releases or other college publications recognizing your student's work;
- Scholarship programs;
- Dean's List or other recognition lists;
- Graduation programs
- If you do not want HCC to disclose any or all of the types of information designated
below as directory information from your education records without your prior written
consent, you must submit a completed Student Release Form to the Office of Enrollment
Management fourteen (14) days at the beginning of the academic year or within fourteen
(14) days of your enrolling in the college. HCC has designated the following information
as directory information:
- Student's name
- Major field of study
- Participation in officially recognized activities and sports
- Dates of attendance, grade level and enrollment status
- Degrees, honors, and awards received
Student contact information (mailing addresses, telephone number, and email address), and date of birth are considered limited directory information and will only be disclosed under certain circumstances for educational purposes at the discretion of College Administration. Date of birth may be disclosed only as a means of verifying a student’s identity when a College employee has no other means of doing so.
- Except as stated above, a parent of an eligible student does not have access to the
student's education records. In order for parents to have access to an eligible student's
education records, beyond directory information and without written permission from
the student, a parent must certify that the student is economically dependent, meaning
the parent claims the student on his or her tax returns. If a parent can prove dependency
to the Enrollment Management Office by showing a copy of the parent's current tax
report form or another acceptable report of current dependency, then the parent may
have total access to the student's education records.
- You have the right to file a complaint with the U.S. Department of Education concerning
alleged failures of 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, SW
Washington, DC 20202-5901
- Family Policy Compliance Office
Questions regarding student records should be directed to the College's Office of Enrollment Management, located in Student Services.