Confidentiality of Student Records

Confidentiality of Student Records

I. Introduction

Macomb Community College recognizes the importance of maintaining records for each individual student, which present authentic evidence of the events and actions, which both contribute to and confirm the student's educational progress; and to facilitate the intelligent and purposeful direction necessary to the achievement of the educational goals of the student in a college setting.

State and federal laws govern the release and disclosure of student records maintained by the College. It is the purpose of these guidelines to provide reasonable interpretations of the laws as presently stated and to protect the student's right of privacy. These guidelines have a two-fold purpose.

1. To protect a student's right to the privacy of information the College has concerning the student, and
2. To provide guidelines for release or disclosure of such information within the meaning of federal and state law and as may be necessary for the effective functioning of the College.

II. Notification to Students of Rights Under the Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights related to their educational records. They are:

1. The right to inspect and review the education records within 45 days of the day the College receives a request for access. The student must submit to the Registrar/Director of Enrollment Services a written request that identifies the record(s) to be inspected. The College will make arrangements for access and notify the student of the time and place where the record(s) may be inspected. If the College official to whom the request was submitted does not maintain the record(s), that official shall advise the student of the correct official to whom the request should be addressed.
2. The right to request an amendment to the student's education record(s) the student believes is inaccurate or misleading. The student may ask the College to amend a record believed to be inaccurate or misleading. The student should write the College official responsible for the record, clearly identifying the part of the record to be 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 the right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures as outlined below under Section VII, Requests to Amend an Educational Record - Hearing Procedures, will be provided to the student when notified of the right to a hearing.
3. The right to consent to disclosures of personally identifiable information contained in the student's education record, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic, or support staff position (including law enforcement unit and health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agency); a person serving on the Board of Trustees; or a student serving on an official committee, such as disciplinary or grievance committee, or assisting another school official in performing their tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibility. Upon request, the College discloses education records without consent to officials of another school to facilitate the student's transfer and enrollment.
4. The right to file a complaint with the United States Department of Education concerning alleged failures by Macomb Community College to comply with the requirements of FERPA. The complaint can be sent to the following office that administers FERPA:

   Family Policy Compliance Office
   U.S. Department of Education
   600 Independence Avenue, SW
   Washington, DC 20202-4605
   

III. Directory Information as Defined by Macomb Community College

Macomb Community College defines "directory information" as:

1. A student's name,
2. Major field of study,
3. Participation in officially recognized activities and sports,
4. Weight and height of members of athletic teams,
5. Dates of attendance,
6. Degrees and awards received,
7. Most recent education agency or institution attended.

The College may include a student's directory information in College publications or otherwise release such information to the public without a student's consent unless a student has informed the College in writing that their directory information is confidential. This notice must be sent, delivered in person or emailed to the Office of Records & Registration, Attn: Registrar, Macomb Community College, 14500 E. 12 Mile Road, Warren, MI 48088-3896 or registrar@macomb.edu.

An oral or written request for a student's directory information must be directed to the Office of Records & Registration. Records & Registration will respond as time permits. The Registrar reserves the right to deny any request for directory information or to charge a fee for information provided in response to a request.

IV. Solomon Amendment Directory Information

Effective March 29, 1997, schools are required to provide the Department of Defense access to directory information upon request. A student may request in writing to withhold the release of any or all of this information to the Department of Defense. Such a request should be sent to the Office of Records & Registration, Attn: Registrar, Macomb Community College, 14500 E. 12 Mile Road, Warren, MI 48088-3896 or registrar@macomb.edu.

V. Privacy Act Notice 

Pursuant to the Privacy Act of 1974, students are hereby notified that disclosure of their social security number is mandatory for registration at Macomb Community College. Social security numbers are used: (1) to verify the identity of students, (2) to keep, maintain and access the records of students, and (3) for purposes of student financial aid and other benefits available under law. The College is required to report the social security numbers of its students to the Internal Revenue Service pursuant to the Taxpayer Relief Act of 1997.

As part of Macomb Community College's instructional program improvement efforts, and to meet the requirements of the Carl D. Perkins Vocational and Technical Education Act, Sect 113 and the Workforce Investment Act of 1998, Section 122, Macomb Community College will use the social security numbers of its students to compile certain data for the purpose of instructional program improvement and reporting requirements for the Carl D. Perkins Vocational and Technical Education Act, Section 113 and the Workforce Investment Act of 1998, Section 122.

VI. Family Educational Rights and Privacy Act Regulations Governing Disclosure of Confidential Records

1. Disclosure of Confidential Information to the Student
   
   A student may inspect, review or obtain a photocopy of their educational record by submitting a written request, signed by the student, to the Registrar/Director of Enrollment Services. The Registrar/Director of Enrollment Services will arrange a time and date for the student to view the record, or provide the student with a photocopy of the record requested within 45 days after receiving the request. The College may permit a student to inspect, review, or obtain a photocopy of their educational record upon receipt of that student's in-person, oral request. However, a student must, if requested, provide photo identification, which may be photocopied and kept in the student's file, before reviewing or receiving a copy of their educational record.

   Students may request photocopies of their records at a cost of $6.00 for transcripts and 25 cents a page for other documents.

2. Disclosure of Confidential Information to Third Parties
   
   Except to the extent FERPA authorizes disclosure without consent, personally identifiable information contained in a student's educational record will be disclosed to third parties only with prior written consent of the student. The consent must (1) identify the individual, agency, or classes of individuals or agencies to whom the information is to be made available; and (2) specify the records to be released.

   FERPA authorizes the disclosure of personally identifiable information contained in a student educational record without the consent of the student under various circumstances. The College may disclose such information: (1) to other Macomb Community College officials, including teachers, whom the College has determined to have legitimate educational interests; (2) to officials of another school where a student seeks or intends to enroll; (3) to the Comptroller General of the United States, the Secretary of Education, or state and local educational authorities; (4) in connection with financial aid for which the student has applied or which the student has received; (5) to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate, or administer predictive tests; administer student aid programs; or improve instruction; (6) to accrediting organizations to carry out their accrediting functions; (7) to parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1954; (8) to comply with a judicial order or lawfully issued subpoena; (9) to persons in connection with a health or safety emergency; (10) information designated "directory information;" (11) to an alleged victim of any crime of violence of any disciplinary proceeding conducted by an institution of post secondary education against the alleged perpetrator of that crime.

3. Parental Access to Student Records
   
   A parent does not automatically have access to their child's student records. The Guidelines for Post Secondary Institutions for Implementation of the Family Education Rights and Privacy Act of 1974 as amended - revised edition 1995, states: "At the post secondary level, parents have no inherent rights to inspect a student's education records." As a general rule a student must consent to the release of their education records. In the event that a student is a legal dependent, as defined by the Internal Revenue Code, the parent may assert the right to review the education records, but only upon presentation of a copy of the appropriate IRS form (e.g., most recent tax return), documenting dependent status. The College may keep a photocopy of the IRS form in the student file.
   
   
4. Release of Information Form
   
   Any person requesting to review or copy student education records must submit a "Release of Information Form" signed by the student. The form may be printed from the student’s My Macomb account, Records & Registration Services tab. As with all requests to review records, any person requesting access to student records must provide photo identification that may be photocopied and kept in the student's file.
   
   
5. Statement of Safeguarding Student Records
   
   All Macomb Community College employees are required to protect the privacy of student records and abide by the following principles:
   
   
   • College information systems shall contain only that student data necessary to fulfill the College's mission.
   • Safeguarding of student data shall be a responsibility of each staff member having knowledge of such data.
   • Due care shall be exercised to protect student data from unauthorized use, disclosure, alteration or destruction.
   • Applicable federal and state laws and College policies and procedures concerning storage, retention, use, release, transportation, and destruction of student data shall be followed.
   • College procedures shall be followed in reporting any breach of security or compromise of safeguards.
   • This statement of principles is applicable to all areas of the College and must be followed by all persons dealing with such information.
   • Faculty and staff requiring computerized student data for official College business will be provided access. The term "access" means to read or review student data. It does not include the ability to create or modify data.
   • Certain areas of the College that store and maintain student data, whether computerized or not, may have individual guidelines which will supplement, but not supplant, this statement of principles.
   • Any Macomb Community College employee engaging in unauthorized use, disclosure, alteration or destruction of student data in violation of this statement of principles shall be subject to appropriate disciplinary action, including dismissal.

VII. Request to Amend an Educational Record-Hearing Procedures

If a student is denied access to their record and is unable to obtain correction, or if they contest the factual accuracy of their record, they may request a hearing. If, as a result of the hearing, it is determined that the record is factually inaccurate, it shall be amended and the inaccurate material either destroyed (if this does not violate audit responsibilities for record keeping) or so annotated as to indicate nature and source of error and date of correction.

1. If a student challenges the content of the record, Macomb Community College will attempt to settle such a dispute through an informal meeting with the Registrar/Director of Enrollment Services, the Dean of Student Success, and the eligible student within 10 days.
2. If the dispute is not resolved by the Registrar/Director of Enrollment Services and Dean of Student Success, a second hearing may be held with the Vice President, Student Services. The eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and the decision shall be rendered in writing within 45 days after the conclusion of the hearing with the Vice President, Student Services.

A student who desires a procedural hearing to challenge the content of the education record shall address the request in writing to the Registrar/Director of Enrollment Services. The written request must identify in specific terms the information the student believes to be inaccurate, misleading or otherwise violates the privacy of the student; state the reason or reasons for challenging the portion of the record identified; and state the remedy sought, which may be either the correction or deletion of the information challenged. The substantive judgment of a faculty member about a student's work, expressed in grades assigned in a course and other evaluation of a student's work, is not within the scope of such hearings. Hearings shall be limited to the factual accuracy of the record.

VIII. Information Maintained by Macomb Community College

Approved October 2001
Revised October 2023