WAC 132Z-112-030   Student records -- Family educational rights and privacy.  Cascadia Community College implements this policy in compliance with the Family Educational Rights and Privacy Act (20 U.S.C. & 1232g) and its implementing regulation (34 C.F.R. § 99). The act requires Cascadia Community College to provide students with access to their own education records, to permit students to challenge their records on the grounds that they are inaccurate, misleading, or otherwise in violation of the student's privacy or other right, to obtain written consent before releasing certain information and to notify the student of these rights.

     (1) Definitions. For the purposes of this policy, the following definitions of terms apply:

     (a) "Student" means any individual who is or has been in attendance at Cascadia Community College and for whom the college maintains education records.

     (b) "Education records" are defined as those records, files and documents (in handwriting, print, tapes, film, microfiche or other medium) maintained by Cascadia Community College, which contain information directly related to the individual student. Education records include only the following:

     (i) Records pertaining to admission, advisement, registration, grading, and progress toward a degree.

     (ii) Assessment information used for advisement purposes.

     (iii) Information concerning payment of fees.

     (iv) Financial aid information.

     (v) Information regarding students participating in student government or athletics.

     (c) "Directory Information" means the student's name, address, telephone number, date and place of birth, major field of study, eligibility for and participation in officially recognized activities, organizations, and sports, weight and height of members of athletic teams, dates of attendance, honor roll, degrees and awards received, and the most recent previous educational agency or institution attended by the student. Directory information may be disclosed at the discretion of the college and without the consent of the student unless he or she elects to prevent disclosure as provided for in this chapter.

     (d) "Written consent" means a written authorization for disclosure of student education records which:

     (i) Is signed;

     (ii) Is dated;

     (iii) Specifies the records to be disclosed; and

     (iv) Specifies to whom disclosure is authorized.

     (e) "Personally identifiable" means data or information which includes: The name of the student, the student's parent(s), or other family members; a personal identifier such as the student's Social Security number or student number; or a list of personal characteristics which would make the student's identity easily traceable.

     (2) Annual notification of rights. Cascadia Community College will notify students of their rights under the Family Educational Rights and Privacy Act of 1974 by publication in the college catalog and schedule of classes. The college shall make available upon request a copy of the policy governing release of student records.

     (3) Procedure to inspect education records.

     (a) Students may inspect and review their education records upon request to the vice-president for student success.

     (b) Students must submit to the vice-president a written request which identifies as precisely as possible the record or records he or she wishes to inspect.

     (c) The vice-president for student success or designee 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 within forty-five days or less from the receipt of the request.

     (4) Disclosure of education records.

     (a) In addition to "directory information," the college may, at its discretion, make disclosures from education records of students to the following listed parties:

     (i) College officials, including administrative, clerical staff and faculty. Access or release of records to the above is permissible only when the information is required for advisement, counseling, recordkeeping, reporting, or other legitimate educational interest consistent with their specific duties and responsibilities;

     (ii) Officials of another school in which the student seeks or intends to enroll;

     (iii) Authorized federal, state, or local officials as required by law;

     (iv) Authorized parties in connection with financial aid for which the student has applied or received;

     (v) Appropriate parties in a health or safety emergency;

     (vi) Accrediting organizations to carry out their functions; and

     (vii) To comply with a judicial order or a lawfully issued subpoena.

     (b) The college shall not permit access to or the release of education records or personally identifiable information contained therein, other than "directory information," without the written consent of the student, to any party other than the above.

     (c) Education records released to third parties shall be accompanied by a statement indicating that the information cannot be subsequently released in a personally identifiable form to other parties without obtaining the consent of the student. The college is not precluded from permitting third-party disclosure to other parties listed in (a)(i) through (vii) of this subsection.

     (5) Limits on rights to review and inspect and obtain copies of education records.

     (a) When a record contains information about more than one student, the student may inspect and review only the records which relate to him or her.

     (b) Cascadia Community College reserves the right to refuse to permit a student to inspect the following records:

     (i) The financial statement of the student's parents;

     (ii) Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in file before January 1, 1975;

     (iii) Records connected with an application to attend Cascadia Community College if that application was denied; and

     (iv) Those records which are excluded from the Federal Rights and Privacy Act definition of education records.

     (c) Cascadia Community College reserves the right to deny transcripts or copies of records not required to be made available by the Federal Educational Rights and Privacy Act in any of the following situations:

     (i) The student has an unpaid financial obligation to the college;

     (ii) There is an unresolved disciplinary action against the student.

     (6) Record of request and disclosures.

     (a) The college shall maintain a record of requests for and disclosures of personally identifiable information in the education records of each student. The record maintained under this section shall be available for inspection and review.

     (b) The college shall maintain the record with the education records of the student as long as the records are maintained.

     (c) The disclosure record must include:

     (i) The names of parties who have received personally identifiable information;

     (ii) The interest the parties had in requesting or obtaining the information; and

     (iii) The names and interests of additional parties to which the reviewing educational agency or institution may disclose or redisclose the information.

     (d) The following parties may inspect the record of requests and disclosures relating to a student:

     (i) The student;

     (ii) The college officials who are responsible for the custody of the records; and

     (iii) Persons authorized to audit the recordkeeping procedures of the college.

     (e) The college is not required to maintain a record if the request was from, or the disclosure was to:

     (i) The student;

     (ii) A school official;

     (iii) A party with written consent from the student; or

     (iv) A party seeking directory information.

     (7) Disclosure of directory information. Directory information may be disclosed at the discretion of the college and without the consent of the student unless the student elects to prevent disclosure by filing a written request to prevent disclosure. The request continues in effect according to its terms unless it is revoked in writing by the student.

     (8) Requests for corrections, hearings, adding statements to education records. Students have the right to request 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 records:

     (a) A student must submit a written request to amend his or her education record to the vice-president for student success or designee. The request must identify the part of the record he/she wants changed and specify why the record is believed to be inaccurate, misleading or in violation of his or her privacy or other rights.

     (b) The vice-president for student success or designee will forward the request to the appropriate college official for determination.

     (c) A student whose request for amendment of his or her education record has been denied may request a hearing by submitting a written request to the vice-president for student success within ten days following the denial. The written request must be signed by the student and shall indicate the reasons why the records should be amended. The vice-president for student success or designee shall convene a hearing to include the student and the appropriate college official, and shall notify the student of the hearing within thirty days after receipt of a properly filed request. In no case will the notification be less than ten days in advance of the date, time and place of the hearing.

     (d) The hearing shall be a brief adjudicative proceeding as provided in RCW 34.05.482 and 34.05.485 through RCW 34.05.494 and shall be conducted by the vice-president for student success or designee. At the hearing, 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.

     (e) The vice-president for student success or designee will prepare a written decision, within thirty days after the conclusion of the hearing, 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. A copy of the decision shall be made available to the student.

     (f) If the vice-president for student success or designee decides the information is inaccurate, misleading, or in violation of the student's right of privacy, the custodian of the record will amend the record and notify the student, in writing, that the record has been amended.

     (g) If the vice-president for student success or designee decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, he/she will notify the student in writing that the student has a right to place in the record a rebuttal statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.

     (h) The student's rebuttal statement will be maintained as part of the student's education records as long as the contested portion is maintained. If the contested portion of the education record is disclosed, the statement will also be disclosed.

     (9) Fees for copies. Copies of student records shall be made at the expense of the requesting party at actual cost for copying as posted at the admissions/records office.

     (10) Waiver. A student may waive any of his or her rights under this chapter by submitting a written, signed, and dated waiver to the office of the vice-president for student success. Such a waiver shall be specific as to the records and persons or institutions covered. A waiver continues in effect according to its terms unless revoked in writing which is signed and dated.

     (11) Type and location of education records.

Types	Custodian
Admission records	Vice-president for student success or designee
Cumulative academic records, testing records, registration and payment of tuition records	Vice-president for student success or designee
Student government	Vice-president for student learning or designee
Participation records in student government	Vice-president for student learning or designee
Financial aid records	Vice-president for student success or designee
Student employment records	Director of human resources
Athletic participation records	Vice-president for student success or designee

[Statutory Authority: Executive Order 97-02, RCW 28B.10.902 and 28B.20.903. 05-06-003, § 132Z-112-030, filed 2/17/05, effective 3/20/05. Statutory Authority: RCW 28B.50.140. 00-20-037, § 132Z-112-030, filed 9/28/00, effective 10/29/00.]