Student privacy rights

The Registrar's Office carefully protects students' private information in accordance with the Family Education Rights and Privacy Act (FERPA). Students are able to grant access to chosen records with proper documentation if desired.

Students' education records – Accessibility and confidentiality

The Family Educational Rights and Privacy Act (FERPA) of 1974 as amended, was written to protect the privacy of educational records, to establish the right of students to inspect and review their educational records and provide guidelines for the correction of inaccurate or misleading data through informal or formal hearings. Persons requesting information and/or disclosure may be required to provide personal identification acceptable to the College official.

I. Definitions

The following definitions are applicable to Delta College.

student - any person who attends or has attended Delta College.

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

• • 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.
  • 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.
  • Records maintained by the Department of Public Safety Office if the record is maintained solely for law enforcement purposes, is revealed only to law enforcement agencies of same jurisdiction.
  • Records maintained by the Department of Public Safety Office and Health Programs Offices if the records are used only for treatment of a student and made available only to those persons providing the treatment.

II. Annual notification

Delta College will notify students of their FERPA rights via publication in the College's catalog, electronic resources, and Student Portal.

III. Procedure to inspect education records

Students have the right to inspect, review and copy their educational records excepting those instances listed in IV & V below. Students wishing to review their educational records may be required to make a written request to the appropriate record custodian identifying as precisely as possible the record or records he or she wishes to inspect. The College reserves the right to charge a student for all copy costs.

The record 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 will be given within 15 days or less from the receipt of the request.

When a record contains information about more than one student, the student may inspect and review only that portion of the record which relates to him/her.

IV. Right of the College to refuse access

Delta College reserves the right to refuse a student to inspect, review, and copy the following records:

1. 1. Financial and personal information submitted by their parents for financial aid purposes.
   2. Confidential letters and recommendations associated with admissions, employment, job placement or honors to which they have waived their rights of inspection and review.
   3. Letters and statements of recommendation which were placed in the students file before January 1, 1975.
   4. Those records which are excluded from FERPA definition of education records (see section I).

V. Refusal to provide copies

Delta College reserves the right to deny official transcripts for any student that has an unpaid financial obligation to the College.

VI. Types, locations and custodians of education records

VII. Disclosure of education records

Delta College will only disclose non-directory information (see section IX) from a student's education records with the written consent of the student; however, students written consent is not required for the following:

1. 1. Delta College officials who have a legitimate educational interest in the student's educational records.
      • A Delta College official is:
        • A person employed by the College in an administrative, supervisory, academic, research, or support staff position.
        • 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 an attorney or auditor.
      • A Delta College 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. Providing a service or benefit relating to the student or student's family, such as health care, counseling, academic advisement, job placement or financial aid.
   3. To officials of another school, upon request, in which a student seeks or intends to enroll (student must be notified).
   4. To certain officials of the U.S. Department of Education, the Comptroller General and state and local educational authorities, in connection with certain state or federally supported education programs.
   5. In connection with a student's request for or receipt of financial aid, as necessary to determine eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid. <
   6. If required by a state law requiring disclosure 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 claim the student as a dependent for income tax purposes as defined in section 152 of the Internal Revenue Code.
   10. To comply with a judicial order or a lawfully issued subpoena.
   11. To appropriate parties in a health or safety emergency.
   12. To military recruiter per the Solomon Amendment of 1997.

VIII. Record of requests for disclosure

Delta College will maintain a record of all requests for and/or disclosure of information from a student's education records, except requests for directory information requests from qualified faculty/staff of Delta College or disclosure to a student of his or her records pursuant to a written request. The record will indicate the name of the party making the request, any additional party to whom it may be re-disclosed, and the legitimate interest the party had in requesting or obtaining the information. The record may be reviewed by the parents of dependent students or the eligible student.

IX. Directory information

At its discretion the College may provide Directory Information in accordance with the provisions of FERPA. Delta College designates the following items as Directory Information:

student name, verification only of address, enrollment status (full-time, half-time, less than half-time), dates of attendance, degrees/certificates and awards conferred (including dates), program, participation in officially recognized activities and sports and weight and height of members of athletic teams.

The College may disclose any of these items without prior written consent, unless notified in writing to the contrary by the student. Requests to withhold Directory Information must be filed with the Registrar.

X. Correction of education records

Students who believe that their educational records contain information that is inaccurate or misleading or is otherwise in violation of their privacy or other right, may discuss their problems informally with the persons in charge of the records involved. If these persons agree with the student, the appropriate records will be amended. If not, students will be notified within a reasonable period of time that the records will not be amended and will be informed of their right to a formal hearing. If the record is not amended by the College following such a hearing, the student has the right to place a statement in the record commenting upon the record and any reasons for disagreement.

XI. Complaints

A person may file a written complaint with the Department of Education regarding an alleged violation under FERPA. The address is: Family Policy Compliance Office, U.S. Department of Education, Washington, DC 20202-4605.

A timely complaint is defined by the Dept. of Education as an allegation of a violation of the Act that is submitted to the Family Compliance Office within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation.
The Family Compliance Office will extend the time limit if the complainant shows that he or she was prevented by circumstances beyond the complainant's control from submitting the matter within the time limit, or for other reasons considered sufficient.

Notation: On January 7, 1993 the Department of Education issued final regulations amending the Family Educational Rights and Privacy Act (FERPA) to implement a disclosure provision of the Crime Awareness and Campus Security Act of 1990. Please contact Department of Public Safety for more information.