Student Records

Family Education Rights and Privacy Act (FERPA)

Responsible Office: Office of Enrollment Services

1. Purpose of Policy

The Family Educational Rights and Privacy Act of 1974 (“FERPA”) protects the privacy of a Student’s Education Records and affords Students certain rights to control access to their Education Records.  This Policy describes these rights and the University’s practices and procedures that protect these rights. 

2. Definitions

For the purposes of this policy, Essex County College has used the following definition of terms:

Student: Any person who attends or has attended Essex County College.

Enroll: A student enrolls at Essex County College when the student registers for their first class.

Educational Records: any record (in handwriting, print, tapes, film, computer or other medium) maintained by Essex County 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.
• Records created and maintained by the Essex County College Law Enforcement Unit for law enforcement purposes.
• An employment record of any 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 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 the treatment.
• Alumni records which contain information about a student after he or she is no longer in attendance at the College and which do not relate to the person as a student.

Directory Information: is information in a students’ education record not generally considered harmful or an invasion of privacy under FERPA. It may be disclosed to others without a student’s prior written consent, subject to certain exceptions. Information that is considered directory information at ECC are listed in Section V.B.

Personally Identifiable Information (PII): Information that makes an education record “Personally identifiable” to a particular student, included by not limited to:

• The students name or preferred name
• The name of the student’s parent or other family member
• The address of the student or other family member
• Personal identifiers such as the student’s social security number or biometric record[1]
• Other indirect identifies, such as student’s date of birth, place of birth or mother’s maiden name
• Other information that, alone or in combination, is linked or linkable to a specific student, and which would allow a reasonable person in the school community to identify the student
• Information requested by a person who the college reasonably believes knows the identity of the student to whom the education record relates

Custodian: A person employed by the College in an administrative, supervisory, academic, research or support staff position (including law enforcement)

3. Custodians of Educational Records

The following is a list of the types, location, and custodians of records that the College maintains:

Type	Location	Custodian
Admissions Records Main Campus West Essex Campus	Enrollment Services	Enrollment Services/Registrar
Cumulative Academic Records (Current students and five years after graduation or withdrawal)	Enrollment Services	Enrollment Services/Registrar
Cumulative Academic Records (Former students; over five years after graduation of withdrawal)	Enrollment Services	Enrollment Services/Registrar
Immunization Records	Enrollment Services	Enrollment Services/Registrar
Financial Aid Records	Financial Aid Office	Director, Financial Aid
Financial Records	Bursar Office	Director, Bursar
Placement Records	Office of Testing	Recruitment/Welcome Center
Progress Records (i.e. Early Warning)	Dean’s Office at each College or School	Academic Department
Course Records (i.e. Syllabus)	Chair at each Department	Faculty
Disciplinary Records	Student Affairs	Director, Student Life
Occasional Records (Student education records not included in the types listed above, such as minutes of faculty committee meetings, copies of correspondence in offices not listed, etc.)	The appropriate official will collect such records, direct the student to their location or otherwise make them available for inspection and review.	The College staff person who maintains such occasional system records.

4. Students’ Rights to Review Education Records

• Students may inspect and review their educational records upon request to the appropriate records custodian.
• Students should submit to the records custodian or an appropriate College staff person a written request that identifies as precisely as possible the record or records he or she wishes to inspect.
• 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 request.
• When a record contains information about more than one student, the student may inspect and review only the records that relate to him.

A.  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:

• A student must ask the appropriate official of Essex County College to amend a record. In so doing, the student must identify the part of the record to be amended and specify why the student believes it is inaccurate, misleading or in violation of his or her privacy rights.
• Essex County College may comply with the request or it may decide not to comply. If it decided not to comply, the College will notify the student of the decision and advise the student of his or her right to a hearing to challenge the information believed to be inaccurate, misleading or in violation of the student’s privacy rights.
• Upon request, Essex County College will arrange for a hearing and notify the student reasonably in advance, of the date, place and time of the hearing.
• The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the institution. 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 educational records. One or more individuals, including an attorney, may assist the student.
• Essex County College will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
• If Essex County College decides that the information is inaccurate, misleading or in violation of the student’s right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.
• If Essex County College decides that the challenged information is not inaccurate, misleading or in violation of the student’s right of privacy, it will notify the student that he or she have a 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.
• The statement will be maintained as a part of the student’s education records as long as the contested portion is maintained. If Essex County College discloses the contested portion of the record, it must also disclose the statement.
  
  

5. Disclosure of Educational Records

Essex County College will disclose information from a student’s educational 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 person who is employed by the Essex County College Police Department.
• A student serving on an official committee, such as a disciplinary or grievance committee or who is assisting another school official in performing his or her tasks.
• A school official has a legitimate educational interest if the official is:
• Performing a task that is specified in his or her 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.

2. To officials of another school, upon request, in which a student seeks or intends to enroll. All records will be forwarded upon request, with the understanding that the student has made the request and intends to enroll at another institution.

3. To certain officials of the U. S. Department of Education, the Comptroller General and state and local educational authorities, in connection with audit or evaluation of certain state or federally supported education programs.

4. 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.

5. For degree and enrollment verification wherein the consulting and reviewing institutions are considered school officials with a legitimate educational interest.

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 or non-forcible sex offenses.

14. Alcohol or controlled substance. To parents or legal guardian of a student under the age of 21 in connection with use or possession of alcohol or a controlled substance in violation of federal, state or local law or of any institutional rule or policy.

A.    Student Consent Required

A student must provide a signed and dated written consent before Essex County College may disclose personally identifiable information from the student’s education records, unless the information disclosed is Directory Information (Section V.B).

The written consent must:

1. Specify the records that may be disclosed;
2. State the purpose of the disclosure; and
3. Identify the party or class of parties to whom the disclosure may be made.

The FERPA Release Form (Request to Waive Privacy Rights) complies with these requirements.

Students and alumni requesting disclosures must provide proof of identity. Requests from students for disclosure to third parties that are sent by e-mail or by the Internet using student identification numbers and PINs may not be considered written consent for disclosure.

B.     Directory Information

Essex County College designates the following items as directory information:

• student name,
• major field of study,
• participation in officially recognized activities and sports,
• weight and height of members of athletic teams,
• dates of attendance,
• photographs or electronic images,
• audio or video recordings,
• degrees, honors, and awards received including dean’s list status,
• most recent previous school attended,
• date of degree conferment,
• degree level (UG),
• enrollment status (full-time or part-time)
• classification (freshman, sophomore, matriculated, non-matriculated, etc.). NOTE: Primary address and/or email address will be shared with designated vendors providing the following external services to graduating students: Information about purchasing class rings, yearbooks, and commencement photos. The College may disclose any of those items without prior written consent unless notified in writing to the contrary by the end of the second week of the semester.

Directory information does not include a student’s social security number, race, ethnicity, gender or immigration status.

C.     Recordkeeping requirements

Essex County College will maintain a record of all requests for and/or disclosures of information 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 the information. The eligible student may review the record.

VI.            Limitation of Right of Access

Essex County 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 his or her right of access or which were maintained before January 1, 1975.
3. Records connected with an application to attend Essex County College or a component unit of Essex County College if that application was denied.
4. Those records which are excluded from the FERPA definition or education records.
5. Refusal to Provide Copies

While Essex County College will not deny access to educational records, 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. The student lives within commuting distance of Essex County College.
2. The student has an unpaid financial obligation to the College.
3. There is an unresolved disciplinary action against the student.
4. The educational record requested is an exam or set of standardized test questions. (An exam or standardized test which is not directly related to a student is not an education record subject to FERPA’s access provisions.)
5. Annual Notification

As required by the Family Educational Rights and Privacy Act of 1974 (FERPA), students will be notified of their FERPA rights annually via “start of term student E-mail message,” publication in the student handbook, college catalogue and in the Schedule of Courses booklet. This act permits the release of directory information (for complete listing see below) without the prior written consent of the student. It provides only that the information may be released. Essex County College is not obligated by this law to release directory information to any party other than the student.

1. Sexual Offenders Disclosure

FERPA does not prohibit the disclosure of information provided to Essex County College as a result of the Violent Crime Control and Law Enforcement Act of 1994. Information provided by individuals required to register with state officials as a result of that law may be disclosed in accordance with the disclosure of records policies.

• Termination of FERPA Rights

Unless otherwise so directed by the student, FERPA rights terminate upon the death of the student. Records can be requested by the next of kin.

A.    Appeals

You may appeal the alleged denial of FERPA rights to the:

                        Chief Compliance Officer
                        Essex County College
                        303 University Avenue
                        Newark, NJ 07102

B.     Complaints

Student who wish to file a complaint under FERPA should do so in writing, addressed to the Family Policy Compliance Office:

                                    Family Policy Compliance Office
                                    U.S. Department of Education

                                    400 Maryland Avenue, SW

                                    Washington, D.C. 202202-5920

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