Family Educational Rights and Privacy Act of 1974 (FERPA)
The Family Educational Rights and Privacy Act of 1974, as amended, (FERPA) is the Federal law which requires educational institutions to establish a written policy with regard to the privacy rights of students. It also requires such institutions to make a statement describing their procedures with regard to students’ privacy rights available.
Claremont McKenna College shall maintain the confidentiality of education records in accordance with the provisions of FERPA, and shall accord all the rights under the law to all students who are or have been in attendance at Claremont McKenna College.
For the purpose of this statement, Claremont McKenna College has adopted the following definitions of terms:
Student: any person who attends or has attended Claremont McKenna College (formerly Claremont Men’s College).
Education records: any record (in handwriting, print, tapes, film, digital, or other medium) maintained by Claremont McKenna College, which is directly related to students. Education records include, but are not limited to, admissions, personal, academic, certain personnel, financial, and placement records.
Education records do not include the following:
- A personal record kept by a faculty or staff member, if it is kept in the personal possession of the individual who made the record, and information contained in the record has never been revealed or made available to any other person except the maker’s temporary substitute, if appropriate.
- An employment record of an 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. (Employment records of persons who are employed solely as a consequence of College attendance, e.g. work-study students, are education records.)
- Records maintained by Campus Safety, if the record is maintained solely for law enforcement purposes and is revealed only to law enforcement agencies of the same jurisdiction.
- Records created and maintained by physicians, psychologists, or other recognized professional or paraprofessional staff, acting or assisting in a professional capacity, 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 students after they are no longer in attendance at CMC and which do not relate to the persons as students.
Claremont McKenna College will notify all registered students annually of their FERPA rights through publication of such in the Statement of Academic Policy , which is distributed to all students every year and is available on the CMC website and in this catalog.
Right of Inspection
Students may inspect and review information contained in their education records upon request to the appropriate record custodian. Claremont McKenna College has designated the Registrar as the staff person responsible for the coordination of inspection and review procedures for student education records.
Request For Review
Students wishing to review their education records must present a written request to the Registrar. The request must identify as precisely as possible the records they wish to inspect.
The Registrar or another appropriate college staff member 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 will be given within 45 days or less from the receipt of the request. When a record contains information about more than one student, the student may inspect and review only the records related to them.
Students have the right to a copy of their education record which is subject to review only when failure to provide a copy of a record would effectively prevent the student from inspecting and reviewing the record, as determined at the discretion of the Registrar. No copies will be made for students living within commuting distance of the College. A copy of an education record otherwise subject to review may be refused if a “hold” for non-payment of financial obligations exists or in case of an unresolved disciplinary action involving the student. No copies of original documents, or of source documents which originate from and exist elsewhere, including any high school transcripts or transcripts from other academic institutions, will be made. Copies are made at the student’s expense and at a fee determined by the Registrar.
Limitations on Students’ Right of Access
Under the law, Claremont McKenna College reserves the right to refuse to permit student inspection or review of the following:
- Financial information submitted by parents.
- Confidential letters and/or recommendations to which students have waived right of access or which were placed in their files before January 1, 1975.
- Education records containing information about more than one student. In such a case, if possible, access will be allowed to the part of the record pertaining to the inquiring student.
- Records connected with an application to attend Claremont McKenna College, if the application was denied.
- Records excluded from the FERPA definition of education records.
Disclosure of Education Records
No person outside Claremont McKenna College shall have access to, nor shall Claremont McKenna College disclose, any personally identifiable information from a student’s education record, without the written consent of the student, except as permitted by law. The consent must specify the education record disclosed, the purpose of the disclosure, the party or class of parties to whom disclosure may be made, and must be signed and dated by the student. In accordance with the law, Claremont McKenna College reserves the right to disclose education records without written consent to:
- “School officials” who have a “legitimate educational interest”. “School officials” shall mean any person who is a trustee, officer, agent, or employee of Claremont McKenna College, or of The Claremont Colleges, as appropriate. “Legitimate educational interest” shall mean any authorized interest or activity undertaken in the name of the College, or of The Claremont Colleges, and in the educational interest of a student, for which access to an education record is necessary or appropriate to the proper performance of the task. At Claremont McKenna College this shall include access by personnel in the Offices of the President, Dean of the Faculty, Dean of Students, Registrar, Admission, Alumni, Development, Trustees, CMC Faculty, legal counsel, and any others authorized by the President, to the extent that the foregoing persons are acting within the course and scope of their employment or authority, and access is necessary or appropriate as defined above.
- To authorized representatives of the U.S. Department of Education, the Comptroller General, and State and local educational authorities, if the information is necessary for audit and evaluation of federal, state or locally supported programs and only if such agencies or authorities have a policy for protecting such information from re-disclosure and for destroying such information when it is no longer needed for such purpose (unless access is authorized by federal law or student consent).
- To persons or organizations providing student financial aid in order to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the award.
- 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.
- If required by a state law requiring disclosure that was adopted prior to November 19, 1974.
- To organizations conducting certain studies for or providing contracted services to the College, provided there is no further external disclosure of personally identifiable information and the information is destroyed when no longer necessary for the projects.
- To accrediting organizations carrying out their functions.
- To persons in order to comply with a judicial order or a lawfully issued subpoena.
- To appropriate parties in a health or safety emergency.
- To parents of students under 24 years of age, who are claimed as economic dependents on the federal tax returns of one or more parent.
- To officials of another school where the student seeks to enroll, or where the student is already enrolled, if the disclosure is for the purpose of the student’s enrollment or transfer.
- To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. This disclosure may only include the final results of disciplinary procedings with respect to the alleged crime or offense, regardless of the finding.
- To the general public, the final results of disciplinary proceedings, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of College rules or policies with respect to the allegation made against him/her.
- To the parents of a student under the age of 21 regarding the student’s violation of any federal, state, or local law, or of any rule or policy of the College, governing the use or possession of alcohol or controlled substances, if the College determines the student committed a disciplinary violation.
Claremont McKenna College will keep a record of all third party requests for and/or disclosure of information from a student’s education record for at least one semester. The record will specify the education records disclosed, the name of the party making the request, any additional party to whom it may be re-disclosed, the date of the disclosure, and the legitimate interest the party had in requesting or obtaining the information, if appropriate. This written record may be reviewed by the student upon request. No record of disclosure is required for disclosures made to a student for his or her own use, disclosures made with written consent of a student, disclosures made to a CMC “official” with a “legitimate educational interest,” or for disclosures of “directory” type information.
At the discretion of the Registrar or the Dean of Students, Claremont McKenna College may confirm or disclose “directory information” to the general public. The College defines “directory information” in accordance with FERPA to include:
- Email Addresses
- Telephone numbers
- Photograph and videos
- Degrees, honors, and awards received
- Date and place of birth
- Major field of study
- Dates of attendance and classification
- Previous academic institutions attended
- Participation in officially recognized activities and sports
- Weight and height of members of athletic teams
- CMC ID number
- User ID
Currently enrolled students may request the College not to disclose Directory Information by filing the appropriate request form with the Registrar in writing, preferably within two weeks of the first day of classes for the fall semester. All written requests for non-disclosure of Directory Information by current students will be honored for the period of one academic year unless otherwise specified. Forms are available from the Registrar’s Office. Alumni may request non-disclosure of Directory Information at any time; such requests will be honored until otherwise notified. Claremont McKenna College assumes that failure on the part of any student to specifically request the withholding of Directory Information indicates individual approval for disclosure.
Correction of Education Records
Students have the right to request to have their education records amended, if they believe the records are inaccurate, misleading, or in violation of their rights. Claremont McKenna College has established the following procedures for requests to change records.
- Students who believe that their education records contain information that is inaccurate, misleading, or is otherwise in violation of their privacy or other rights, should first request the Registrar to amend the record. All such requests must be made in writing. When making such a request, students must clearly identify the part of the record they believe is incorrect, and specify why they believe it is inaccurate, misleading, or in violation of their privacy or other rights. It is the responsibility of the student to provide legal documentation (i.e. official birth certificate, court record, or marriage certificate) for requests for name changes. Official College records are not altered, if former students change their names after they leave the College.
- If the decision of the Registrar is in agreement with the request of the students, the appropriate records will be amended, and the students will be notified in writing of the amendment. If the decision is not in agreement, the Registrar will notify the students of the decision, and advise them of their right to a formal hearing to challenge the information believed to be inaccurate, misleading, or in violation of their rights.
- Within fourteen (14) days after receipt of the notice from the Registrar, students may address requests for a hearing in writing to the Dean of the Faculty. The Dean of the Faculty will, within a reasonable period of time after receiving such requests, inform students of the date, place, and time of the hearing.
- The hearing will be conducted by one or more disinterested individuals designated by the Dean of the Faculty. The panel will deliver a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented, state the findings of fact, and provide the reasons for the panel’s decision. The decision of the panel will be final. The written report shall be mailed to the students and any other concerned party within 30 days after the date of the hearing.
- At the hearing, students shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in their original request to amend their education records. The student may be assisted by one or more individuals, including an attorney, at their expense.
- If the College determines that the challenged information is not inaccurate, misleading, or in violation of the students’ right of privacy or other rights, it will notify the students that they have the right to place a statement in their education record commenting on the challenged information and/or a statement setting forth their reasons for disagreeing with the decision. The statement will be maintained as part of the students’ education record as long as the contested portion is maintained. And, if Claremont McKenna College discloses a contested portion of a record, it will also disclose the students’ statement.
- If it is determined that the education records at issue are inaccurate, misleading, or otherwise in violation of the privacy or other rights of the students, the education records shall be amended in accordance with the decision and the students shall be informed of the amendment in writing.
Under the requirements of CFR §14209(f), Retention of Records, the College keeps all records and accounts pertaining to each period of enrollment of veterans and other eligible persons intact and in good condition for at least three (3) years following the termination of the enrollment periods. If the Registrar receives a written request from the General Accounting Office or the Veterans Administration no later than 30 days prior to the end of the three-year period, the College will keep the records longer as requested.