FERPA – STUDENT RIGHTS & PRIVACY

Colorado Mountain College will maintain a record of all requests for and/or disclosures of information from a student’s education records.  The record will indicate the name of the party making the request, any additional party to whom it may be re-disclosed, and the legitimate interest the party had in requesting or obtaining the information.  The records may be reviewed by the eligible student.  Institutions may disclose personally identifiable information from a student’s education records to a third party if the student has signed and dated a written consent form.

Colorado Mountain College reserves the right to refuse to permit a student to inspect the following records:

• The financial statement of the student’s parents.
• Letters and statements of recommendation for which the student has waived his or her right of access, or which were maintained before January 1, 1975.
• Records connected with an application to attend Colorado Mountain College or a component unit of Colorado Mountain College if the application was denied or applicant does not otherwise attend.
• Those records that are excluded from the FERPA definitions of education records.

Students have the right to inspect and review their education records upon request to the Registrar.

Students should submit to the Registrar a written request that identifies as precisely as possible the record or records he or she wishes to inspect.

The Registrar 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 must be given to the student in 45 days or less from the date of receipt of the request.

If the student is not able to travel to the location indicated above to review the record, the College may (at the discretion of the College) provide a copy of the record for the students review.  A copy fee may be charged.  If the student resides over fifty miles from the location of the record to be reviewed, the student may be provided with a copy of the record or the College may make arrangements for the record to be reviewed at a site closer to the student.

When a record contains information about more than one student, the student may inspect and review only the records that are related to him/her.

Colorado Mountain College reserves the right to deny copies of records, including transcripts, not required to be made available according to FERPA in any of the following situations:

1. The student lives within commuting distance of a CMC Commuting distance is considered to be fifty miles.  If the student lives beyond commuting distance, CMC may (at the option of the College) provide unofficial copies or documents or make arrangements for the student to view the records at a location within fifty miles of his/her residence;
2. The student has an unpaid financial obligation to CMC;
3. There are documents related to an unresolved disciplinary action against the student;
4. The education record requested is an exam or set of standardized test questions;
5. Requests must be specific in nature and addressed to the appropriate custodian of record. Requests for “all educational records” will not be honored;
6. The educational record requested is a transcript provided by another educational institution;
7. The educational record requested is an immunization record that no longer is available in its original form.

Students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights.  Following are the procedures for the correction of the records:

1. A student must ask, in writing, the Registrar to amend a record. In so doing, the student should identify the part of the record to be amended and specify why the student believes it is inaccurate, misleading or in violation of his or her privacy rights.
2. CMC may comply with the request or it may decide to not comply. If it is decided not to comply, CMC will notify the student of the decision and advise the student of his or her right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s privacy rights.
3. Upon request, CMC will arrange for a hearing and notify the student, reasonably in advance, of the date, place and time of the hearing.
4. The hearing will be conducted by the hearing officer who is a disinterested party; however, the hearing officer may be an official of the institution. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records.  The student may be assisted by one or more individuals, including an attorney.
5. CMC will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
6. If CMC decides that the information is inaccurate, misleading, or in violation of the student’s right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.
7. If CMC decides that the challenged information is not inaccurate, misleading, or in violation of the student’s right of privacy, it will notify the student that he or she has a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
8. The statement will be maintained as a part of the student’s education records as long as the contested portion is maintained. If CMC discloses the contested portion of the record, it must also disclose the statement.
9. The procedures outlined above do not apply to grades or academic transcripts.

Colorado Mountain College (CMC) has used the following definitions of terms:

A Student is – any person who attends or has attended Colorado Mountain College.

An Educational record is – any record (in handwriting, print, tapes, film, computer or other medium) maintained by Colorado Mountain College or an agent of the College which is directly related to a student, except:

1. Records of instructional, supervisory and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
2. Records relating to an individual who is employed by CMC that –
   • Are made and maintained in the normal course of business;
   • Relate exclusively to the individual in that individual’s capacity as an employee; and
   • Are not available for use for any other purpose (records relating to an individual in attendance at CMC who is employed as a result of his or her status as a student are education records and not excepted under this definition).
3. Records on a student who is attending CMC, that are –
   • Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;
   • Made, maintained, or used only in connection with treatment of the student;
   • Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction.
4. Records that only contain information about an individual after he or she ceases to be a student at CMC.

A school official is –

• A person employed by the College in an administrative, supervisory, academic or research, or support staff position, including health or medical staff.
• A person elected to the Board of Trustees.
• A person employed by or under contract with the College to perform a special task, such as the attorney or auditor.
• A student serving on an official committee, such as a disciplinary or grievance committee, or who is assisting another school official in performing his or her tasks.

A school official has a legitimate education interest if the official is –

• Performing a task that is specified in his or her position description or contract agreement.
• Performing a task related to a student’s education.
• Performing a task related to the discipline of a student.
• Providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid.
• Maintaining the safety and security of the campus.

Students will be notified of their FERPA rights and FERPA procedures annually in the College Catalog, Student Handbook, Basecamp and on the CMC Website.

If you have questions concerning the Family Educational Rights and Privacy Act, contact the Colorado Mountain College Registrar’s Office at registrar@coloradomtn.edu.

Students have the right to file complaints with the Family Educational Rights and Privacy Act Office concerning alleged failures by the institution to comply with the Act.

Students may file complaints with the FERPA Office in Washington DC:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Ave. SW
Washington, DC 20202-4605

phone: 202-260-3887
email: ferpa@ed.gov

The online complaint procedure and form can be found at studentprivacy.ed.gov.

If Colorado Mountain College determines that it cannot comply with FERPA due to a conflict with State or local law, it must notify the Family Compliance Office within 45 days, giving the text and citation of the conflicting law.

Colorado Mountain College may charge for the reproduction of certain academic records. In such cases, the fee assessed will be $.25 per page.