Notification of Rights under FERPA
The Family Educational Rights and Privacy Act (FERPA) afford eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:
The right to inspect and review the student’s education records within 45 days after the day the Medgar Evers College of The Cty University of New York (“School”)] receives a request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The school official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. A student who wishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the school decides not to amend the record as requested, the school will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
The right to provide written consent before the university discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. The school discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the [School] in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of the [School] who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the [School]. [Optional] Upon request, the school also discloses education records without consent to officials of another school in which a student seeks or intends to enroll. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the [School] to comply with the requirements of FERPA.
The name and address of the Office that administers FERPA is: Family Policy Compliance Office
U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202
[Optional] See the list below of the disclosures that postsecondary institutions may make without consent. FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31
of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student
To other school officials, including teachers, within the [School] whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a) (1) (i) (B) (1) - (a) (1) (i)(B) (2) are met. (§99.31(a) (1))
To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a) (2))
To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a) (3) and 99.35)
In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a) (6))
To accrediting organizations to carry out their accrediting functions. ((§99.31(a) (7))
To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a) (8))
To comply with a judicial order or lawfully issued subpoena. (§99.31(a) (9))
To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a) (10))
Information the school has designated as “directory information” under §99.37. (§99.31(a) (11))
To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of
§99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(a) (13))
To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, 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 the school’s rules or policies with respect to the allegation made against him or her. (§99.31(a) (14))
To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a) (15))
Standards Regarding Course of Study
Students have the right, within the limits of available facilities, to pursue any course of study for which they are eligible according to College standards.
In order to permit eligible students unhindered access to courses, the costs of required materials should be kept within reasonable limits.
Students have the right to know, at the start of each course of study, the basis to be used by the instructor in determining grades.
Students’ grades should be based solely on academic criteria, not on opinions or conduct in matters unrelated to academic standards.
Students should have the opportunity to take reasoned exception to facts or points of view offered in any course of study, but they are responsible for meeting the academic standards of any course of study for which they are enrolled.
Students should have the protection through formally established procedures against prejudiced or capricious academic standards or evaluations.
Participation in Academic Affairs
Students have the right, individually and collectively to express their views on matters of general interest to the student body, including institutional policy, curriculum, and personnel decisions.
Students have the right to participate in the formulation and application of institutional policy affecting academic and student affairs.
Students should share in the formation of policies regarding degree requirements, courses and curriculum, academic grading systems, standards of academic standing, and calendar arrangements.
Students should have the opportunity, individually and collectively, to assess the value of a course and to express their views on the form and conduct of a class which they have taken.
The results of an institutional mechanism used for students to assess courses and faculty, such as evaluation questionnaires, should be accessible to all members of the College community, and should be weighed in all decisions affecting faculty status and curriculum.
Students should be free to form and join associations to promote their common interests.
Students have the right to express their opinions, individually and collectively, and to support causes in a manner that does not disrupt the orderly operation of the College.
Standards of Conduct
Students should participate in the formulation of standards of behavior which are considered essential to the educational mission and community responsibilities of the College.
The code of conduct, as a set of regulations and procedures, should be clearly stated and published in a handbook or other generally available set of institutional regulations.
In all cases, disciplinary procedures should protect the student from capricious and prejudicial application of the rules of conduct. Such procedures should also satisfy the requirements of procedural due process, including written notice with details of charges, sufficient time to prepare a defense, right to assistance in the defense, right to cross-examine witnesses and to present evidence, and the right to appeal the decision.