FCC Academic Catalog 2016-2017

185 / 232

• 301.846.2400 179
2016/2017 fcc catalog
Privacy and Access to
Education Records Policy
and Procedures
I. Philosophy and Purpose
Frederick Community College (“FCC” or the
“College”) is committed to protecting the rights
of students under the Family Educational Rights
and Privacy Act (FERPA) as amended. The College
is authorized to release only directory information.
Directory information may be released by the
College at any time unless the College has received
prior written notice from the student, filed in the
Welcome Center, requesting nondisclosure of
information. This non-disclosure request will be
honored until the student notifies the Registrar or
his/her designee.
FCC will annually notify eligible students in
attendance of their rights under FERPA.
The purpose of this Privacy and Access to
Education Records Policy and Procedures is to
provide guidance and instruction related to the
protection of and access to information and records
of students held by the College.
II. Definitions for the Purpose of this Policy
and Procedures
A. “Family Educational Rights and Privacy
Act (FERPA)” refers to a federal law protecting
the privacy of student education records. The law
applies to all schools receiving funds under any
applicable program of the U.S. Department of
Education. FERPA applies to all education records of
any student who is 18 years of age or older or who
attends a post-secondary institution at any age.
B. “Eligible student” as defined by FERPA and
as used in this Policy and Procedures refers to any
individual for whom the College maintains an
education record, regardless of payment status or
current enrollment.
C. “Work-Study Student” refers to a student
who is employed by the college and whose work
experience is funded by Federal Financial Aid.
D. “Attendance” refers to physical presence
within a classroom; or through electronic formats
for students who are not physically present in the
classroom; or the period during which a student is
working in a work-study program.
E. “Dates of enrollment” refers to the period of
time during which a student attends or attended
an institution. The term does not include specific
daily records or a student’s attendance at the
institution.
F. “College Official”refers to a person employed
by the College in an administrative, supervisory,
academic, research, or support staff position,
persons serving on College governing bodies,
and persons employed by or under contract to
the College to perform a specific task, such as
an attorney or auditor. Students are considered
College officials when serving on an official
committee provided that they have been trained
on this Policy and Procedures.
G. “College Catalog” refers to a publication
that is the official College record of requirements
for admissions, registration, policies/procedures
and program content. It is published in hard
copy format once a year, with addenda posted
throughout the year to .
H. “Legitimate Educational Interest”refers to
the demonstrated “need to know” by those College
officials who act in the student’s educational
interest, including faculty, administration, support
staff, and other persons who manage student
record information including student employees.
I. “Need to Know”is defined as needing
information in a student’s education record for the
purpose of performing the required task(s) and
responsibilities with an employee’s job.
J. “Disciplinary Action or Proceeding” refers
to the investigation, adjudication, or imposition of
sanctions with respect to an infraction or violation
of the internal rules of conduct applicable to
students at the College.
K. “Disclosure” refers to the action of
permitting access to, or the release, transfer, or
other communication of, personally identifiable
information contained in an education record by
any means, including oral, written, or electronic to
any party except the party identified and the party
that provided or created the record.
L. “Solomon Amendment” refers to the 1996
amendment which requires the College to provide
the U.S. Department of Defense representatives
access to student recruiting information.
M. “U.S.A. Patriot Act” refers to the 2001 Act
which permits the College to disclose personally
identifiable information from a student’s education
record without notification to the student, to the
U.S. Attorney General or his/her designee, in order
to comply with an ex parte order in connection
with the investigation of prosecution of an offense
listing in 18 U.S.C. 2332b(g)(5)(B).
N. “Ex parte order” refers to an order issued by
a court of competent jurisdiction without notice to
an adverse party.
O. “Workdays” refers to Monday through Friday
when the College is officially open for business and
does not include weekends, holidays, or other days
the College is closed.
III. Information and Record Type
A. “Directory Information” refers to information
included in a student’s education record not
generally considered harmful, or an invasion of
privacy if disclosed. Directory Information includes:
name; e-mail address; enrollment status to include
continuing education or credit (part-time/full-
time); dates of enrollment; major field of study;
weight and height of athletes; photographs and
videos of students for use in College press releases,
publications, and websites; participation in officially
recognized activities and sports; honors, awards,
degrees, and date of graduation.
B. “Non-Directory Information”refers to, but
is not limited to, student identification number
(ID), social security number, or other personally
identifiable information.
C. “Personally Identifiable Information
(PII)” refers to data or information which includes,
but is not limited to: the student’s name; the
name of the student’s parent or other family
members; the address of the student or student’s
family; a personal identifier, such as the student’s
social security number, student number, or bio-
metric record; other indirect identifiers, such as
the student’s date of birth, place of birth, and
mother’s maiden name; other information that,
alone or in combination is linked to a specific
student that would allow a reasonable person
in the school community, who does not have
personal knowledge or the relevant circumstance,
to identify the student with reasonable certainty;
or information requested by a person who the
College reasonably believes knows the identity of
the student to whom the education record relates.
D. “Record” refers to any educational information
or data recorded in any medium (e.g., handwritten,
print, tapes, film, microfilm, microfiche, and any
form of electronic data storage including emails).
E. “Education Record” refers to any record
maintained by the College or by a party acting for
the College that is directly related to a student or
students. This record may contain a student’s name
or information from which a student, or students,
can be personally identified. These records include:
files, documents, and materials in whatever
medium (handwritten, print, electronic), which
contain information directly related to the student.
Education records include records of work-study
students. Education records do not include the
following:
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;
2. Records relating an individual who is
employed by the College, made and
maintained in the normal course of
business, related exclusively to the
individual in the capacity as an employee,
and are not available for use for any other
purpose;