FERPA (Family Educational Rights and Privacy Act)
The Family Educational Rights and Privacy Act (FERPA) of 1974 is a federal law which states (a) that a written institutional policy must be established, and (b) that a statement of adopted procedures covering the privacy rights of students be made available. The law provides that the institution will maintain the confidentiality of student education records.
Definitions
In Attendance - undergraduates: Warren Wilson College defines “in attendance” as the first day of incoming student participation in the Federal Work-Study Program (known at Warren Wilson College as "the Work Program"). This date of "in attendance" applies to all students, including those who do not participate in the Work Program.
In Attendance - graduate students: Warren Wilson Colleges defines “in attendance” as the first day of classes when matriculating.
Students' Rights Concerning Education Records
Annually, all students will be informed that Warren Wilson College provides students with the following rights concerning their education records:
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the right to inspect and review information contained in education records. Inspection does not include taking photographs or making copies of records;
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the right to obtain copies of those records if circumstances effectively prevent the student from reviewing the record, with the exception that a copy of the official academic record will not be provided to students on restriction. Copies are made at the student's expense.
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the right to response from the college to reasonable requests for explanations and interpretations of those records;
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the right to challenge the contents of his or her education records;
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the right to a hearing if the outcome of the challenge is unsatisfactory;
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the right to submit an explanatory statement for inclusion in the education record if the outcome of the hearing is unsatisfactory;
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the right to prevent disclosure, with certain exceptions, of personally identifiable information;
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the right to secure a copy of the institutional policy, which includes the location of all education records;
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the right to file complaints with the Department of Education concerning alleged failures by Warren Wilson College to comply with the Act.
Education Records
Any records (handwritten, print, tapes, film, microfilm, microfiche, database, or any electronic form including emails) that relate directly to a student and are maintained by Warren Wilson College or by a party acting on behalf of the institution. Records containing personally identifiable information such as a student’s name or social security number, regardless of medium, are covered by FERPA.
Records not subject to this policy:
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Records of individuals denied admission to Warren Wilson College
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Records of individuals accepted to Warren Wilson College but the individual chose to not attend
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Records of instructional, supervisory, administrative and educational personnel which are the sole possession of the maker and are not accessible or revealed to any individual except a temporary substitute
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Employment records
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Medical records created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional that are used only in connection with treatment of the student and disclosed only to individuals providing treatment
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Post-attendance records created or received after an individual is no longer a student in attendance and are not directly related to their attendance as a student
Limitations on a Student’s Right to Inspect and Review Educational Records
Warren Wilson College does not extend the right to review and inspect the following categories of records:
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Grades on peer-graded papers before they are collected and recorded by a teacher
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Financial records, including any information in those records pertaining to the student’s parent(s) or guardian(s)
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Confidential letters and recommendations associated with admissions, employment or job placement, or honors in which they have waived their rights of inspection or review
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Education records containing information about more than one student, in which case the college will provide access only to the part of the record which pertains to the inquiring student
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Confidential letters and recommendations placed in their files prior to January 1, 1975, provided those letters were collected under established policies of confidentiality and were used only for the purposes for which they were collected
Access to Student Records and Information
Directory Information
At its discretion, the college may provide directory information in accordance with provisions of the Federal Education Rights and Privacy Act (FERPA). The following student information has been designated as public information and may be disclosed by the college for any purpose, at its discretion:
- student campus name;
- home city, state, and zip code;
- campus mailbox number;
- Warren Wilson College email address;
- enrollment status;
- dates of attendance;
- major field of study;
- academic classification;
- awards and honors (including Dean’s List and graduation honors);
- degrees conferred (including dates);
- past and present participation in officially recognized sports and activities;
- and physical factors (height) of athletes.
Students may withhold from public access any of the above information by completing the Directory Information Non-disclosure form available through the Registrar’s Office. Students may revoke the restriction at any time by submitting a written request to the Office of the Registrar.
Non-Directory Information
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Warren Wilson College may release education records to parents, legal guardians, and/or other specified individuals if a student provides written consent to the Registrar’s Office. Students may provide written consent by submitting a FERPA Disclosure & Consent Form, found on the Warren Wilson College myWWC page.
The college does not permit access to, or the release of education records, without proper authorization of the student with the following exceptions:
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to a college official who has a legitimate educational interest. See additional details below
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to officials of other institutions in which students seek to enroll;
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to persons or organizations providing student financial assistance;
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to accrediting agencies carrying out their functions;
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to persons in compliance with a Judicial order;
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to persons or organizations seeking to determine eligibility for membership in honorary organizations or for special awards sanctioned by the college;
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to persons or organizations conducting studies sanctioned by the college which will not permit the personal identification of students and their parents by persons other than those conducting the studies;
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to government representatives seeking information in connection with the audit and evaluation of federally and state-supported educational programs;
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to persons in an emergency in order to protect the health or safety of students or other persons.
College Officials
Within the Warren Wilson College community, only those members, individually or collectively, acting in students' legitimate educational interest will be allowed access to student education records. A school official has a legitimate educational interest when the official needs to review an education record in order to fulfill his or her responsibility on behalf of the college, such as when the official is performing a task that is specifically noted in the job description or by a contract agreement or other official appointment; performing a task related to a student's education; performing a task related to the discipline of a student; or providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement or financial aid. The final determination of legitimate educational interest will be made by the Family Educational Rights and Privacy Act (FERPA) Compliance Officer, the Dean of Academic Administration and Registrar.
College officials are defined as:
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A person employed by the college in an administrative, supervisory, academic, research, or support staff position, including instructors, advisors, public safety, and Residential Life staff;
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College employees who are part of the student's success team, including academic advisors, coaches, work supervisors, residential life staff, financial officers and academic personnel;
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Individuals or entities volunteering on behalf of the college, or with whom the college has contracted to provide a service, instead of using college personnel (e.g., an attorney, auditor, or vendor; the National Student Clearinghouse), and who are under the direct control of the school with respect to the use and maintenance of personally identifiable information from education records;
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Individuals serving on the Board of Trustees; and
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Students conducting college business where a legitimate educational need to know has been vetted and identified (e.g., serving on official committees, student employees, assisting another school official in performing job-related duties).
Procedures for Student Request to Review their Education Record
The Dean of Academic Administration and Registrar, has been designated by the college to coordinate the inspection and review procedures for all student education records on campus. Students wishing to review their education records must make a written request to the Dean of Academic Administration and Registrar listing the item/s of interest. Requests will be honored within a reasonable time, and an appointment will be scheduled no later than 45 days after the request has been made. Meetings will be scheduled for a duration of no longer than 45 minutes, they will be supervised and will take place on campus. Deviations from this policy must be approved at least one week prior to the scheduled meeting. Students are not permitted to bring in cell phones, cameras or video recording devices to the inspection meeting and are not allowed to make copies or take photos of the records.
In exigent circumstances that effectively prevent students from exercising their right to inspect and review their education records, Warren Wilson College may elect to provide copies of education records to students. In cases in which Warren Wilson College determines that copies of a student record may be provided, the copies will be made at the student’s expense. Warren Wilson College may refuse to provide copies so long as it does not limit the student’s right to inspect and review their education records.
Requests for Amendment to Education Record
Students who believe their education records contain information that is inaccurate, misleading or otherwise in violation of their privacy or other rights may request that Warren Wilson College amend the record by submitting a signed and dated written request to the Dean of Academic Administration and Registrar. If the decisions concerning such information are in agreement with the students' requests, the appropriate records will be amended.
If the college declines to accept the amendment, the student may request a hearing to challenge the contents of the student’s education record on the grounds that it is inaccurate, misleading, or in violation of the privacy rights of the student. Student requests for a formal hearing must be made in writing to the Dean of Academic Administration and Registrar, who, within a reasonable period of time after receiving such a request, will inform students of the date, place and the time of the hearing. Students may present evidence relevant to the issues raised and may be assisted or represented at the hearings by one or more persons of their choice, including attorneys, at the students' expense. The hearing panel which will adjudicate such challenges will consist of the Associate Provost, Chair of the Instruction Committee, and Dean of Students. Warren Wilson College reserves the right to change the make-up of the panel dependent on the details of the request.
Decisions of the hearing panel will be final, will be based solely on the evidence presented at the hearing, will consist of written statements summarizing the evidence and stating the reasons for the decisions, and will be delivered to all parties concerned. The education records will be corrected or amended in accordance with the decisions of the hearing panel, if the decisions are in favor of the students. If the decisions are unsatisfactory to the students, these students may place with the education records their own statements commenting on the information in the records, or setting forth any reasons for disagreeing with the decisions of the hearing panel. The statements will be placed in the education records, maintained as part of the students' records, and released whenever the records in question are disclosed.
Record of Disclosures
All Warren Wilson College offices that maintain education records shall keep a log of instances in which a student’s records are disclosed pursuant to a request by persons who are not otherwise authorized to have access to the records. The access log shall include the following: date the education record was examined; name and title of the reviewer; and the legitimate education purpose of the disclosure. The access log shall be available for inspection by the student.