Waiver of Right to InspectThe <strong>College</strong> will not provide confidential letters or statements of recommendation concerningadmission to another educational institution, applications for employment, or receipt of anhonorary recognition unless the student has waived the right to inspect such letters or statements.Right to Amend Educational RecordsThe student, or eligible parents of the student, may challenge the accuracy of the records andchallenges can be directed to the Dean of <strong>Student</strong> Development. The Dean of <strong>Student</strong> Developmentwill schedule a hearing within ten days of initial notification of the challenge to allowthe student to present evidence relevant to the matter at such hearing. The student, or eligibleparents of the student, will be notified in writing of the results. A student can insert a statementin his/her record after a hearing, if the <strong>College</strong> maintains, upholds, or is against the challenge.DisclosureThere are two types of information distinguished under FERPA: personally identifiableinformation and directory information. Certain conditions exist with regards to disclosure ofeach kind of information and the <strong>College</strong> complies as follows:Personally Identifiable InformationPersonally Identifiable Information is information that would include identifying data such asstudent’s name, social security number, academic work completed, grades, achievement testscores, aptitude test scores, health data, biometric record, date and place of birth, mother’smaiden name, or other information that, alone or in combination, is linked or linkable to aspecific student that would allow a reasonable person in the school community, who does nothave personal knowledge of the relevant circumstances, to identify the student with reasonablecertainty. Prior consent, in the form of a signed and dated document, must be provided by thestudent to authorize the <strong>College</strong> to disclose personally identifiable information. The consentmust specify records that may be disclosed, should state purpose of disclosure, and mustidentify party or class of parties to whom disclosure may be made.ExceptionsFERPA allows for the release of student records without written consent of the student underthe following conditions:• To school officials with legitimate educational interest. The <strong>College</strong> has designated schoolofficials as faculty, administration, professional employees, support staff, a work-studystudent, a person employed by or under contract to the <strong>College</strong> to perform a special task,such as an attorney or auditor, a person or organization acting as an official agent of the<strong>College</strong> and performing a business function or service on behalf of the institution. A schoolofficial is determined to have legitimate educational interest if the information requestedis necessary for that official to (a) perform appropriate tasks that are specified in his or herposition description or by a contract agreement; (b) perform a task related to a student’seducation; perform a task related to the discipline of a student: provide a service or benefitrelating to the student or student’s family, such as health care, counseling, job placement,or financial aid; tasks must be determined to be consistent with the purposes for which thedata are maintained. Requests related to institutional research and studies are subject tothis criterion. Disclosure to a school official having a legitimate education interest does notconstitute institutional authorization to transmit, share, or disclose any or all informationreceived to a third party. An unauthorized disclosure of personally identifiable informationfrom the education record of the students is prohibited.• In compliance with a court order or subpoena;• In the event the <strong>College</strong> receives a lawful court order or subpoena for the educationalrecords of a student AND the student has not consented to the release, the <strong>College</strong> willmake a reasonable effort to notify the student so they would have an opportunity to seekprotective legal action to block the release.• Parents of a dependent student or such parents as defined in Section 152 of the InternalRevenue Code of 1954;29
• To educational agencies in de-identified, aggregate form;• To schools in which a student seeks or intends to enroll (the <strong>College</strong> will make an attemptto notify the student that records are being provided);• To the Comptroller General of the United States;• To the Attorney General of the United States;• To the Secretary of the Department of Education;• Federal, State and Local educational authorities involving a research, audit, or evaluationof compliance with education programs;• In connection with financial aid (such as the administration or continuation of aid);• In the event of a health or safety emergency where the information is required to resolvethe emergency;• Information that is considered directory information, so long as the student has not requestednondisclosure of this information;• That is a result of a disciplinary hearing where the student is the perpetrator of a crime ofviolence or a nonforcible sex offense. Under this exception, information may be released toanyone, including the media. No information on the victim or witnesses may be released;• Of a student under the age of 21 who has committed a drug or alcohol related offense (e.g.reporting the offense to the parents of the student).• The <strong>College</strong> complies with changes made to FERPA as a result of the USA Patriot Act.Directory InformationFERPA allows for the disclosure of directory information as identified by the institution.<strong>Wilson</strong> <strong>Community</strong> <strong>College</strong> has designated the student’s name, address, telephone listing,electronic mail address, major field of study, dates of attendance, participation in officiallyrecognized activities, most recent education agency or institution attended and degrees, honors,and awards received as directory information. The <strong>College</strong> may disclose this informationonly, upon request, to other educational colleges and/or universities and will publish degrees,honors, and awards received. A student has the right to refuse designation of any or all of thisdirectory information by notifying the Director of Admissions/Registrar, in writing, within 10days of the student’s initial enrollment.Right to File a ComplaintA student has a right to file a complaint with the U.S. Department of Education. There aretwo basic requirements for a complaint to be properly filed against an institution in relationto FERPA infractions:• The complaint must be made within 180 days of when the infraction was discovered.• There must be sufficient facts (evidence) to prove the violation.The Family Policy Compliance Office, U. S. Department of Education, 400 IndependenceAve., SW, Washington, D.C. 20202-4605 is the office responsible for enforcing/administeringthe Family Educational Rights and Privacy Act and should be contacted to file a complaint.Electronic Devices PolicyAll electronic devices, including but not limited to pagers, cell phones, radios, two-way radios,music players, cameras, book readers, and electronic games must be turned off in classrooms,labs, the library, or any other environment on campus where their use may be viewed asdisruptive to the educational environment, except where their use is specifically part of theinstructor’s direction to students for that class.With prior approval from the instructor, cell phones may remain on for students who areemployed or volunteer for a public safety organization. Such use of the cell phone must be workrelated only, and approval may be revoked at any time it becomes disruptive to the classroom.30