FERPA affords students certain rights with respect to their education records.
They include the following:
1. The right to inspect and review the student’s education records within 45 days of the day the college receives a request for access.
Students should present to the registrar, vice president, or other appropriate official, signed, written requests that identify the record(s) they wish 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. At the time of viewing, the student will present some form of picture identification, such as a valid driver’s license, before being allowed to view the record.
2. The right to request amendment of the student’s education records that the student believes to be inaccurate or misleading.
Students may ask the college to amend a record that they believe is inaccurate or misleading. They should write the college official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
If the college decides not to amend the record as requested by the student, the college will notify the student of the decision and advise the student of his or her right to grieve the decision through the College Grievance Process. Information on the grievance process can be obtained at the College Services Office in the University Transfer Center.
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.
Personnel employed by the college who have consent in the form of a written release of information, signed by the student, may disclose student information to appropriate outside agencies or persons.
4. 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:
Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue, SW
Washington, D.C. 20202-4605
Under certain conditions, as authorized by FERPA, information can be released without student consent. They are:
1. Directory Information
The use of the term directory information does not imply that the college actually has a document containing student directory information or that the college has any obligation to produce such a document. The term directory information is a legal term applying to that information that the college can release, without student consent, to any third party.
The college has defined directory information as the following:
• student name
• full-time or part-time status
• major field of study
• dates of attendance
• degrees and awards received
• photos and videos of students for use in college press releases, publications, and web sites
Note: According to federal law, the college must release to the U.S. Armed Forces student name, address, phone number, date of birth, and field of study. The college will release this additional directory information to the U.S. Armed Forces unless a restriction to disclose has been placed on the student’s record (note information below).
Students have the right to restrict the disclosure of directory information. To restrict the disclosure of directory information, a student may file a written request with the Registrar’s Office or College Services Office. This request to restrict disclosure of directory information will be honored until such time as the student notifies the Registrar’s Office or College Services, in writing, to the contrary.
Any and all information not listed above that any area of the college may have concerning a student is non-directory information. As such, none of this information can be released to any third party without the written permission of the student.
Authorized personnel can release directory information over the telephone, as long as the student does not have a privacy flag on his/her record.
For release of other non-directory information to parents, the parent must submit a copy of their most recent Federal Income Tax Form demonstrating that the student in question is a dependent of the parent requesting information. The college reserves the right, however, to deny access to the student’s record by parents if deemed appropriate.
2. Authorized Federal, State, and Local Authorities
Student authorization is not required for disclosure to an authorized representative of the following individuals or entities:
• The Comptroller General of the United States
• The Secretary of the U.S. Department of Education
• State educational authorities
• Any party legitimately connected with a student’s application for, or receipt of, financial aid
• Accrediting organizations
• Agencies involved in an audit or evaluation of compliance with education programs
• Organizations conducting studies for or on behalf of educational institutions
3. Other Institutions
Information can be released to other schools to which a student seeks or intends to enroll.
4. Emergency Situations
Information can be released to law enforcement personnel, emergency personnel, and college officials in an emergency in order to protect the health or safety of students or other persons.
5. Legitimate Educational Interest
Officials of the college who are determined by the college to have a legitimate educational interest may have access to student records without obtaining consent from the student. Officials of the college are defined as follows:
• Persons employed by the school in an administrative, supervisory, academic, research, or support staff position.
• Persons serving on school governing bodies.
• Persons employed by, or under contract to, the college to perform a specific task, such as an attorney or auditor.
An official has a legitimate educational interest if they need to do one of the following:
• Perform duties specified in their job description or under terms of contractual agreement.
• Provide campus services related to a student such as advising, financial aid, and counseling.
• Conduct tasks related to a student’s education or campus discipline.
6. Judicial Order
Information must be released to comply with a judicial order or lawfully issued subpoena. However, the college will make a reasonable effort to notify the student (or parent) of the order or subpoena in advance of compliance, so that the student (or parent) may seek protective action.
However, if the court (or issuing agency) has ordered that the existence or the contents of the subpoena or judicial order not be disclosed, the college will comply and notification to the student (or parent when appropriate) will be withheld.
7. Disciplinary Hearing
The results of a disciplinary hearing may be released to an alleged victim of a crime of violence without the permission of the accused.
8. Nicolet College Foundation
Student names and addresses may be released to the Nicolet College Foundation for foundation-related activities. The Foundation is considered part of the College and will hold such information confidential, using the information only in specific activities intended to aid and support the College. Release of such information to the Foundation will be made only with the approval of the College President or his/her designee.
9. U.S. Patriot Act
The College must release, without consent or knowledge of the student, personally identifiable information from a student’s education record to the Attorney General of the United States or his/her designee in connection with the investigation or prosecution of terrorism crimes specified in sections 233b (g)(5)(B) and 2331 of Title 18, U.S. Code.
10. Written Release
Personnel employed by the College who have consent in the form of a written release of information, signed by the student, may disclose student information to appropriate outside agencies or persons.
Note: A record of disclosure will be maintained within a student’s file indicating when information has been released from that file and to whom.
Note: A fee of five dollars may be assessed for the copying of all or a portion of a student record.