Ohio Administrative Code
Title 3354:1 - Cuyahoga Community College
Chapter 3354:1-30 - Policies on Student Academics and Behavior
Section 3354:1-30-02.2 - Procedure on student education records
Universal Citation: OH Admin Code 3354:1-30-02.2
Current through all regulations passed and filed through September 16, 2024
(A) FERPA.
(1) The Family Educational Rights and Privacy
Act of 1974 (commonly "FERPA") and associated federal regulations set forth
requirements designed to protect the privacy of student education records. The
law governs access to records maintained by educational institutions and the
release of information from those records.
(2) Periodically, the college publishes
summary FERPA notices in the college catalog and the student handbook to
highlight certain rights of students with respect to their education records.
This procedure offers additional information, and is the official college rule
on the topic.
(B) Student education records.
(1) "Education records"
means (with certain exemptions as listed below) those records, files,
documents, and other materials that contain information directly related to a
student, and are maintained by any employee or agent of the college. The
following records are exempted and are not considered to be education records:
(a) Records made by college personnel that
are in the sole possession of the maker, are used only as a personal memory
aid, and are not accessible or revealed to any other person except a temporary
substitute for the maker of the record.
(b) Records maintained by the office of
Public Safety for law enforcement purposes.
(c) Some employment records of students who
have been employed by the college.
(d) Some medical and counseling records used
solely for treatment.
(e) Records
that only contain information about a student after the person is no longer a
student. (For example, this would likely include at least some alumni
records.)
(2) All records
pertaining to students which are maintained by college offices, employees, or
agents are official college records, and remain the property of the
college.
(C) Education records: inspection and review.
(1) Students
may inspect and review their education records, except that the college may
refuse students access to:
(a) Financial
records of parents.
(b) Some
confidential letters and statements of recommendations placed in education
records prior to January 1, 1975.
(c) Some confidential letters and statements
of recommendations for admission, employment, or honorary recognition placed in
education records after January 1, 1975, for which students have waived their
right of access.
(d) Other
education records not required to be disclosed by FERPA.
(2) The student education records inspection
and review process operates as follows:
(a)
Requests to review education records must be made separately, in writing, to
each office maintaining the records. The offices have
forty-five
days to respond to requests to review and inspect. However, arrangements may be
made more promptly when circumstances allow.
(b) Students have the right to review only
their own records. When a record contains information about more than one
student, disclosure cannot include information regarding the other
student(s).
(D) Amending education records.
(1) Students may
ask the college to amend their education records if they believe the records to
be inaccurate, misleading, or in violation of the student's privacy rights.
(The right to challenge grades does not apply under this procedure unless the
grade assigned was inaccurately recorded.)
(2) The college will respond to an education
records amendment request within a reasonable period of time.
(3) If a student does not agree with the
college's response to an education records amendment request, the student may
request a college hearing:
(a) Students
requesting an amendment of information in their records must submit, in
writing, a request for a hearing to the vice president of academic and student
affairs, listing the specific information in question and the reasons for the
requested amendment.
(b) Hearings
will be conducted by a college official who does not have a direct interest in
the outcome of the hearing.
(c)
Students shall be afforded a full and fair opportunity to present evidence
relevant to the reasons for the requested amendment.
(d) The hearing officer will render a
decision, in writing, noting the reason and summarizing all evidence presented
within a reasonable period of time after the requested amendment is
filed.
(e) If the decision is in
favor of the student, the record shall be amended accordingly.
(f) If the decision is not in favor of the
student, the student may choose to place a statement in the education record
commenting on the accuracy of the information in the record and/or setting
forth any basis for inaccuracy. When disclosed to an authorized party, the
record will always include the student's statement and notice of the hearing
officer's decision.
(E) Releasing student records.
(1) Student consent to release.
Except as otherwise described in this procedure or applicable law, consent must be obtained from students for the release of information from education records, specifying what is to be released, the reasons for release, and to whom the records may be released.
(2) A copy of the disclosed records shall be
sent to the student if he or she requests.
(3) Release without consent.
(a) Consent is not required for the following
disclosures (but disclosing employees should consult applicable federal
regulations - particularly
34
C.F.R. 99.31 - prior to making a disclosure
in reliance on any of these exceptions):
(i)
To other college officials and employees who have a legitimate educational
interest. The term "legitimate educational interest" includes without
limitation the need to receive a student record in order to perform a task
related to the regular duties of the official or employee, the student's
education, the discipline of a student, a service or benefit for the student,
or to maintain safety and security of the college. The term "College officials"
includes without limitation:
(a) College
officers and employees, and
(b)
College contractors who receive student records in order to carry out their
contractual duties to the college, and who are legally required to protect
disclosed student records in accordance with FERPA.
(ii) Directory information (as defined
in this procedure) unless the student
has requested that such information not be disclosed.
(iii) Disclosures to authorized federal and
state authorities for audit or evaluation of federal or state supported
educational programs.
(iv)
Disclosures in connection with eligibility, amount, conditions, or enforcement
of financial aid applied for or received by the students.
(v) Disclosures to state or local authorities
if such disclosure is allowed by statute (under certain
circumstances).
(vi) Disclosures to
organizations conducting studies for, or on behalf of, educational agencies or
institutions to develop, validate, and administer predictive tests, to
administer student aid programs, or to improve instruction; provided that
individual identity of students is not made available to persons outside that
organization.
(vii) Disclosures to
officials of other institutions in which a student seeks or intends to enroll
on the condition that the issuing institution makes a reasonable attempt to
inform the student of the disclosure (unless the student initiates the
transfer).
(viii) Disclosures to
accrediting organizations for their accrediting functions.
(ix) Disclosures to parents of student where
student is a dependent under
section 152 of the Internal Revenue Code of
1986.
(x) Disclosures in compliance
with a judicial order or a lawfully issued subpoena, provided that the college
makes a reasonable attempt to notify the student in advance of compliance.
Note: Special legal rules apply to subpoenas. Immediately upon receiving a
subpoena, contact the college's office of legal services.
(xi) Disclosures made in connection with a
health or safety emergency.
(xii)
Disclosures to an actual or alleged victim of any crime of violence or
non-forcible sex crime. Such disclosures must be limited to the final results
of the college disciplinary proceeding. The information may only be given in
respect to the crime committed.
(xiii) To parents of a student regarding the
student's violation of federal, state or local laws or College policies
regarding use or possession of alcohol or a controlled substance, if student is
under the age of twenty-one
, and the college determines that the
student violated a college disciplinary rule..
(b) Each college unit has an obligation to
keep a record of requests and disclosures of student education records except
when the request is from the student, a college official with a legitimate
educational interest, or someone requesting directory information; or when the
student's consent to the request has been delivered to the student. Students
have the right to review this record of requests and disclosures of student
record information.
(F) Directory information.
(1) The college, in accordance with the act,
has designated the following information about students as public (directory)
information:
(a) Name
(b) Address (local and home)
(c) Program of study (including college of
enrollment, major and campus)
(d)
Enrollment status (e.g. full-time, part-time, withdrawn)
(e) Dates of attendance
(f) Degrees, honors, and awards
received
(g) Previous educational
agencies or institutions attended
(h) Participation in officially recognized
activities and sports
(i) Weight
and height of members of intercollegiate athletic teams
(2) Students have the right to have this
directory information withheld from the public if they so desire. Each student
who wants directory information to be withheld (including items to be published
in the student directory) shall so indicate by completing a change of
information form which can be obtained from the office of the college
registrar.
(3) The college receives
many inquiries for directory information from a variety of sources, including
friends, parents, relatives, prospective employers, other institutions of
higher education, honor societies, licensing agencies, government agencies, and
the news media. Each student is advised to carefully consider the consequences
of a decision to withhold directory information.
(G) Compliance.
Any student who has reason to believe that the college is not complying with the act or this policy should inform the College Registrar in writing. The college registrar shall promptly review all such allegations. Students may also file a complaint with the U.S. department of education in accordance with section 34 C.F.R. 99.7(a)(2)(iv).
(H) Locations and custodians of student education records.
The college does not maintain education records in a single, central office. Education records are maintained by various campuses, offices, and departments. Questions regarding individual student records should be directed to the appropriate locations:
|
OFFICE |
RECORD TYPE |
CUSTODIAN |
|
Academic Affairs |
Vice President |
|
|
Accounts Receivable |
Assistant Treasurer |
|
|
Admissions |
Director |
|
|
Arts and Sciences |
Assistant Dean |
|
|
Athletics |
Assistant Director |
|
|
Business |
Dean |
|
|
Continuing Education |
Associate Director |
|
|
Counseling Services |
Director |
|
|
Financial Aid |
Director |
|
|
Health Services |
Director |
|
|
Libraries |
Director |
|
|
Eastern Campus |
Associate Dean |
|
|
Metropolitan Campus |
Assistant Dean |
|
|
Western Campus |
Associate Dean |
(I) The president or the president's designee is hereby directed to take all steps necessary and appropriate for the effective implementation of this procedure.
Replaces: 3354:1-30-02
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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