- TO WHOM DO THESE REGULATIONS APPLY?
- These regulations apply to students presently enrolled, former students, and alumni, but not to applicants currently seeking or having been denied admission to the institution.
- These regulations are published annually in the Student Handbook.
- TO WHAT RECORDS DO THESE REGULATIONS APPLY?
- These regulations apply to “education records” originating from the institution or from educational institutions defined as “records, files, documents, and other materials which...contain information directly related to a student” and “are maintained by an educational agency or institution.”
- Broadly defined and outlined below is a description of the types of records maintained by the institution and the designated custodian of each type of record.
- The term “education records” does not include:
- Personal files of faculty and administrative staff personnel which are in the maker's sole possession and not accessible or revealed to any other person except to a substitute who performs the maker's duties for a temporary period.
- Law enforcement records of a law enforcement unit associated with an educational institution, if the unit's personnel are not allowed access to a student's educational records and which are kept separate from education records, are maintained for law enforcement purposes only, and are available only to law enforcement officials.
- Medical, psychiatric, or psychological records created and used only for the treatment of a student and available only to those providing the treatment. Note: The College's Notice of Privacy Practices are available through Health Services and can be reviewed on the College website at http://www.wsc.ma.edu/hippa.
- Employment records of nonstudent employees of the institution which relate exclusively to said employee in his/her occupational capacity and are not available for use for any other purpose.
- The institution maintains records in many mediums including, but not limited to, handwriting, print, tapes, microfilm, and microfiche.
Type of Record Person Responsible Academic, Undergraduate Susan Salzman, Registrar Academic, Graduate Dr. Catherine Lilly, Dean Admission, Graduate Dr. Catherine Lilly, Dean Admissions (Undergraduate) Michelle Mattie, Director Athletics Kenneth Magarian, Director Disciplinary Susan J. LaMontagne, Director Student Accounts Mark Solomon, Director Financial Nick Wojtowicz, Assistant VP, Finance Financial Aid Michelle Mattie, Director Career Services Maureen McCartney, Director Veterans Susan J. LaMontagne, Director, Student Affairs Education (Student Teaching) Richard Frank, Chair Education Dept. Personal Susan J. LaMontagne, Director, Student Affairs Residential Life Dr. Jon Conlogue, Director
- The institution may make public the following information about a student unless the student specifically requests in writing that his/her prior consent be obtained: “Directory Information” includes a student's name, campus address, campus telephone listing, date and place of birth, school or college, major field of study, participation in officially recognized activities and sports, weight and height of member of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student. Requests made by student to suppress from public distribution the above-mentioned information are to be made annually, no later than October 1 of the academic year for which the information is being made public.
- Parent's Financial Records and related parental financial information shall not be released to students. Any institutional office maintaining such records shall either store such records in a file separate from records subject to review or conspicuously stamp records “CONFIDENTIAL-NOT TO BE RELEASED.”
- Confidential evaluations and recommendations of students placed in education records prior to January 1, 1975, need not be released to students. All other education records of a particular student shall be open for inspection by that student unless access is restricted under paragraph 3 of this section.
- A student may waive his/her right of access to evaluations and recommendations submitted on or after January 1, 1975, with regard to admission to any educational agency or institution, an application for employment, or the receipt of an honor or honorary recognition, provided however, that the student must, upon request, be notified of the name of each person who has submitted such a confidential evaluation or recommendation; such evaluations and recommendations to be used only for the purpose intended; and a waiver may not be required as a precondition of admission to the institution or receipt from the institution of financial aid or any other services or benefits.
- The College will disclose information from a student's education records only with the written consent of the student, except:
- to teacher and 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,
- a person appointed to the Board of Trustees, or
- a person employed by or under contract to the College to perform a special task, such as the attorney or auditor;
- a teacher or school official has a legitimate educational interest if the official is:
- performing a task that is specified in his or her position description or by a contract agreement,
- 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;
- to teachers and officials of another school, upon request, in which a student seeks or intends to enroll;
- to certain officials of the U. S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with certain state or federally supported education programs;
- in connection with a student's request for or receipt of financial aid, as necessary, to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid;
- if required by a state law requiring disclosure that was adopted before November 19,1974;
- to organizations conducting certain studies for or on behalf of the College;
- to accrediting organizations to carry out their functions;
- to parents of an eligible student who claim the student as a dependent for income tax purposes;
- to comply with a judicial order or a lawfully issued subpoena; and/or
- to appropriate parties in a health or safety emergency;
- to teachers and school officials with legitimate educational interests within this school or other schools when this information is concerning disciplinary action taken against a student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.
- to teacher and school officials who have a legitimate educational interest in the records. A school official is:
- Records released to any organization, agency, or individual shall be forwarded with notification that the party to whom the information is disclosed will not disclose the information to any other party without the prior written consent of the student.
- Each office which maintains education records shall maintain a record of each student which shall list all individuals agencies or organizations which have requested or obtained access to such student's education record, except as provided by law.
- Pursuant to the Campus Security Act, Sexual Assault Bill of Rights (April 29, 1994), disclosure will be given to the accuser regarding the outcome of any disciplinary proceedings brought alleging a sex offense. The accuser will be notified that the information constitutes part of the accused's educational record and may not be redisclosed to anyone without the signed written consent of the accused.
- Consistent with the Family Educational Rights and Privacy Act, the college shall notify the parent or legal guardian of students under twenty-one (21) years of age each time they have been found responsible for college alcohol and/or other drug policy violations. The college shall exercise discretion not to notify the parents/guardian based on documented evidence of an abusive family situation.
- A request by a student or agency to inspect a record shall be made in writing to the custodian of the record or to the College Records Liaison Officer.
- If necessary, the Records Liaison Officer will contact the custodian of the education record requested.
- The student or agency will contact the Records Liaison Officer in approximately seven (7) days from the date of request to inquire about the completion of the processing procedure. (This date must be no more than forty-five (45) days after the receipt of the request.)
- The student or agency will contact the custodian of the education record requested to inspect his/her education record.
- Every office is obligated to tell a student who has accessed his/her record and why, except as provided by law.
- Every office is obligated to maintain a record of the persons or agencies who have had access to the record, except as provided by law.
- Students are obligated to properly identify themselves (student I.D.) before being shown their records.
- Students are obligated not to interfere with the operation of the office in which the record is being maintained.
- Students are obligated to examine the record during reasonable hours at the place the record is being maintained.
- Prior to giving a student his/her record for examination, all confidential data as outlined in Section D above will be removed.
- The examination of the record shall be supervised.
- The student may request and receive copies of his/her education record at a cost of $1 for first sheet and $.50 per additional page. Academic transcripts cost $1 per copy.
- Only the permanent card (transcript) containing a student's academic record will be considered a “permanent educational record” and will be retained.
- The destruction of student education records shall be consistent with Massachusetts state law and the current Massachusetts State College Records Retention Schedule (originally approved May 3,2000). In the event that state law and the Records Retention Schedule differ, state law shall prevail.
- Information regarding the procedures and timetable for the destruction of each specific type of education record are available through the custodian of that record.
- After reviewing a record, a student has the right to challenge the contents of the record as being inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student. A student may not challenge the correctness of a grade which has been assigned to his/her performance in a course but may challenge the accuracy of the recording of the grade. Challenge to the contents of records can be made as follows:
- Upon deciding that some aspect of his/her records is inappropriate, the student shall so inform the designated person in the office where his/her records are maintained and shall attempt to resolve the problem through informal discussion with such person and the person in charge of that office.
- If no agreement is reached through informal discussions, the student may submit in writing to the Vice President, Student Affairs a request for a hearing, in order to challenge the contents of the record.
- The hearing date will be scheduled within two (2) weeks (fourteen days) of the receipt of challenge request. All parties (student, custodian, author) will be notified. (Student may be accompanied by counsel of his/her choice.)
- All parties to the hearing will be requested to be present (student, custodian, author).
- The hearing will be conducted by the Vice President, Student Affairs with all parties given the opportunity to present evidence and to ask questions of each other. The hearing officer (the Vice President, Student Affairs or his/her designee) may ask questions of each party and request any information not provided. The hearing will be audio taped.
- The decision of the hearing officer will be communicated to all parties in writing within two (2) weeks (fourteen days) after the hearing.
- The decision of the hearing officer may be appealed in writing to the President of the College within two (2) weeks (fourteen days) of notice of the decision by any of the parties. The tape will be made available in a supervised setting to the individual appealing the decision.
- The President will review the tape of the hearing, all written material presented, and any additional written material similarly made available to all parties.
- The decision of the President regarding the appeal will be communicated to all the parties in writing within two (2) weeks (fourteen days) of receipt of the written appeal.
- An appeal of the President's decision may be made to the Chancellor of the Massachusetts Board of Higher Education, in writing, through the President within two (2) weeks (fourteen days) following the President's decision.