Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) exists to protect the privacy of the educational record of college students. Colleges are not allowed to release any information to parents or others about a student’s educational record or disciplinary proceedings without the written consent of the student.

Notification of rights under the Family Educational Rights and Privacy Act:

The right to inspect and review your education records.
The right to request the amendment of education records to ensure that they are not inaccurate, misleading, or otherwise in violation of a student’s privacy or other rights.
The right to consent or to refuse to consent to disclosures of personally identifiable information contained in your educational records, except to the extent that FERPA and regulations issued pursuant to it, authorize disclosures without consent.
The right to file with the US Department of Education a complaint concerning alleged failures by Marymount Manhattan College to comply with the requirements of FERPA.

Student records policies and procedures for Marymount Manhattan College:

Annual Notification: Students will be notified of their FERPA rights by the issuance, on an annual basis, of the Marymount Manhattan College Student Handbook.
Definitions: For the purposes of this policy, Marymount Manhattan College (the College) has used the following definitions of terms:
1. Student – any person who attends or has attended the college.
2. 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 directly 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 they are a student, provided the record is used only in relation to the individual’s employment.
  - Records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional if the records are used only for treatment of a student and made available only to those persons providing treatment.
  - Alumni records which contain information about a student after she or he is no longer in attendance at the College and which doesn’t relate to the person as a student.
Procedure to Inspect Education Records:
1. Students may inspect and review their education records upon written request to the appropriate records custodian.
2. Students should submit to the records custodian or an appropriate College staff person a written request that identifies as precisely as possible the record they wish to inspect.
3. The records 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 must be given in 45 days or less from the date of receipt of the written request by the College.
4. When a record contains information about more than one student, the student may inspect and review only the records that relate to him/her.
Limitation on Right of Access: Marymount Manhattan College reserves the right to refuse to permit a student to inspect the following records:
1. The financial statement of the student’s parents.
2. Letters and statements of recommendation for which the student has waived the right of access, or which were maintained before January 1, 1975.
3. Records connected with an application to attend the College or a component unit of the College if that application was denied.
4. Those records which are excluded from the FERPA definition of educational records.
Refusal to Provide Copies: The College reserves the right to deny copies of records, including transcripts, not required to be made available by FERPA in any of the following situations:
1. There is an unresolved disciplinary action against the student.
2. The education record requested is an exam or set of standardized test questions. (An exam or standardized test that is not directly related to a student is not an education record subject to FERPA’s access provisions.)
Copies of Records: The College will search and retrieve all records subject to FERPA’s access provisions at no charge; however, there may be a charge imposed for copies in accordance with College policy at the time copies are to be made.
Disclosure of Education Records: The College will disclose information from a student’s education records only with the written consent of the student, except that records may be disclosed without consent when the disclosure is:
1. To school officials who have a legitimate educational interest in the records. A school official is:
  - A person employed by the College in an administrative, supervisory, academic or research, or support staff position including health or medical staff.
  - 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 student serving on an official committee, such as a disciplinary or grievance committee, or who is assisting another school official in performing their tasks.
2. A school official has a legitimate educational interest if the official is:
  - Performing a task that is specified in their position description or contract agreement.
  - Performing a task related to a student’s education.
  - Performing a task related to the discipline of a student.
  - Providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid.
  - Maintaining the safety and security of the campus.
3. To officials of another school, upon request, in which a student seeks or intends to enroll. The College will make a reasonable attempt to notify the student of the record’s request.
4. To certain officials of the US Department of Education, the Comptroller General, and state and local educational authorities, in connection with audit or evaluation of certain state or federally supported programs.
5. In connection with a student’s request for or receipt of financial aid to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.
6. To state and local officials or authorities if specifically required by a state law 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 is claimed as a dependent for income tax purposes.
10. To comply with a judicial order or a lawfully issued subpoena.
11. To appropriate parties in a health or safety emergency.
12. To individuals requesting directory information so designated by the College.
13. The results of any disciplinary proceeding conducted by the College against an alleged perpetrator of a crime of violence to the victim of that crime.
Record of Requests for Disclosures: The College will maintain a record of all requests for and/or disclosures of in formation 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 re-disclosed, and the legitimate interest the party had in requesting or obtaining information. The record may be reviewed by the student.
Directory Information: The College designates the following items as Directory information: student name, parents’ names, address, telephone numbers, date and place of birth, major field of study, participation in officially recognized activities, dates of attendance, degrees and awards received, most recent previous school, educational agency or institution attended photograph, and class schedule. The College may disclose any of those items without prior written consent, unless notified in writing to the contrary by October 15th of each year.
Correction of Educational Records: 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 the appropriate official of the College to amend a record. In so doing, the student should identify the part of the record to be amended and specify why the student believes it is inaccurate, misleading, or in violation of his/her privacy rights.
2. The College may comply with the request or it may decide not to comply. If it decides not to comply, the College will notify the student of the decision and advise the student of their right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s privacy rights.
3. Upon request, the 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 College. 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 education records. The student may be assisted by one or more individuals, including an attorney.
5. The College will prepare a written decision based solely on the evidence presented in the hearing. The decision will include a summary of the evidence presented and the reason for the decision.
6. If the College decides that the information is inaccurate, misleading, or in violation of the student’s privacy rights, it will amend the record and notify the student, in writing, that the record has been amended.
7. If the College decides that the challenged information is not inaccurate, misleading, or in violation of the student’s rights of privacy, it will notify the student that their have the right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
8. The statement will be maintained as part of the student’s education record as long as the contested portion is maintained. If the College discloses the contested portion of the record, it must also disclose the statement.