Policy No.
    SA-1442.2B
     
     
      
    POLICY & PROCEDURES MEMORANDUM
     
     
     
     
     
     
     
     
     
     
    TITLE:
     
    STUDENT RECORDS
     
     
      
    EFFECTIVE DATE:
    September 7, 2004
     
        
    CANCELLATION:
     
    SA-1442.2A (3/12/96)
      
     
    OFFICE:
    Student Affairs (SA)
     
     
     
     
      
     
    POLICY STATEMENT
     
    Delgado Community College has the legal right and moral obligation to establish rules for
    maintaining and disclosing information on students of the College. Education records, as defined by
    this memorandum, are maintained and disclosed in accordance with the Family Educational Rights
    and Privacy Act (FERPA) of 1974, as amended.
     
    The College has outlined the rights and responsibilities, as well as procedures, relating to
    student records in this memorandum.
     
     
     
    PROCEDURES & SPECIFIC INFORMATION
     
     
    1.
    Purpose
     
     
    This policy outlines student rights and responsibilities, as well as college procedures
    relating to student records, both credit and non-credit.
     
     
    2.
    Scope and Applicability
     
     
    This policy and procedures memorandum applies to all students of Delgado
    Community College.
     
     
    3.
    Definitions
     
     
    For the purposes of this policy and procedures memorandum, the following definition
    of terms applies:

    SA-1442.2B September 7, 2004
     
     
     
    2
    Student
    : any person who attends or has attended Delgado
     
    Community College
    in either the credit or non-credit division of the College
     
    School Official:
    a person employed by Delgado Community College in an
    administrative, supervisory, academic or research, or support staff
    position (including student workers); a System Office staff or Board
    member of the Board of Supervisors for the Louisiana Community and
    Technical College System; or a person employed by or under contract
    to the College to perform a special task, such as the attorney or auditor
     
    Education records
    : any record (in handwriting, print, tapes, film, electronic, or other
    medium including grade books, attendance records and/or rosters)
    maintained by Delgado Community College or an agent of the College
    that is directly related to a student, excluding:
     
    a. A personal record kept by a 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.
     
    b. An employment record of an individual whose employment is not contingent
    on the fact that he or she is a student, provided that the record is used only in
    relation to the individual's employment.
     
    c. Records maintained by the Delgado Community College Police Department
    that are maintained solely for law enforcement purposes and are revealed only
    to law enforcement agencies of the same jurisdiction. (The Delgado Police
    Department does not have access to education records maintained by the
    College.)
     
    d. Records maintained by the Health Clinic (These records are used only for the
    treatment of a student and are made available only to those persons providing
    the treatment.)
     
     
    e. Alumni records (These records contain information about a student after he or
    she is no longer in attendance at the College and do not relate to the person as
    a student.)
     
     
    4.
    Rights, Responsibilities and Procedures
     
     
    *
     
    ANNUAL NOTIFICATION
    - Students will be notified of their Family Educational
    Rights and Privacy Act (FERPA) rights each semester by publication in the College’s credit
    and non-credit class schedules.
     

    September 7, 2004 SA-1442.2B
     
     
    3
     
      
     
    A.
    Procedures to Inspect Education Records
     
     
    Delgado Community College reserves the right to refuse to permit a student to
    inspect the following records:
     
    1. The financial statement(s) of the student's parents.
     
    2. Letters and statements of recommendation for which the student has waived
    his or her right of access or which were placed on file before January 1, 1975.
     
    3. Records connected with an application to attend Delgado Community College
    or to be admitted to a specific, limited admission program at Delgado
    Community College if that application was denied.
     
    4. Those records which are excluded from the FERPA definition of education
    records.
     
    B.
    Right to Deny Copies
     
     
    Delgado Community College reserves the right to deny transcripts or copies of
    records not required to be made available by the FERPA in any of the following
    situations:
     
    1. The student has an unpaid financial obligation to the College or has not
    provided required admission documents.
     
    2. There is an unresolved disciplinary action against the student.
     
    3. The student has defaulted on a student loan issued while the student was
    enrolled at Delgado Community College or through the Louisiana Student
    Financial Assistance Commission as per Louisiana Revised Statute 17:3021.
     
    4. The student has failed to return college property loaned to the student.
     
    5. Any other circumstance when the College determines it is in its or the
    student’s best interest to deny copies or transcripts.
     
    C.
    Types and Official Custodians of Student Records
     
     
    The following is a list of the types of student records that Delgado Community
    College maintains and their official custodians.
     
     
     

    SA-1442.2B September 7, 2004
     
     
     
    4
     
    CREDIT RECORDS
     
     
    TYPES
      
      
      
      
    CUSTODIAN
     
     
    ADMISSION RECORDS College Registrar
     
    OF ENROLLED STUDENTS
     
    ADMISSION RECORDS Program Administrator
    FOR RESTRICTED
    ENROLLMENT PROGRAMS*
    (*records of enrolled students and
    applications of those who have applied)
     
    ADMISSION RECORDS Campus
    Director of Admissions
    OF STUDENTS WHO HAVE or equivalent office on the campus
    NOT ENROLLED
     
    ADMISSION TEST Campus Director of Admissions or
    SCORES (ACT, SAT, etc.) equivalent office on the campus
     
      
    CUMULATIVE ACADEMIC College Registrar
    RECORDS-
     
    DISCIPLINARY RECORDS Vice Chancellor for Learning and
    Student Development
     
    FINANCIAL AID RECORDS College Director of Student
    Financial Assistance
     
    HEALTH RECORDS
     
    Immunization Records College Health Services
    Coordinator
     
     
    Health Records Required for Dean of academic department or
    Admission to Limited equivalent office on the campus
    Enrollment Programs
     
    Other Health Services Records Campus Health Services Coordinator
    or equivalent
     
    STUDENT EMPLOYMENT Campus Coordinator of
    RECORDS Student Employment Services
    or equivalent office on the campus

    September 7, 2004 SA-1442.2B
     
     
    5
     
    CREDIT RECORDS (continued)
     
     
      
    TYPES
      
      
      
      
    CUSTODIAN
     
    OCCASIONAL RECORDS The appropriate College official
    (student education records not in each office.
    included in other record types such
    as minutes of committee meetings,
    correspondence in offices not listed, etc.)
     
    STUDENT ACCOUNT Controller
    RECORDS
     
     
      
    TESTING RECORDS Campus Office of Testing and
     
     
      
    (Tests administered by Assessment or equivalent office on the
     
      
    the College)
      
      
      
    campus
      
      
     
      
      
      
      
    VETERANS AFFAIRS Campus Veterans Affairs Coordinator
    or equivalent
     
    NON-CREDIT RECORDS
     
     
      
    TYPES
      
      
      
      
    CUSTODIAN
     
     
    NON-CREDIT Campus Director, Non-credit
    APPLICATION Programming or equivalent
     
    (maintained for 3 years)
      
     
      
      
      
      
      
      
    NON-CREDIT ROSTERS College Registrar
     
      
      
      
      
      
      
    NON-CREDIT STUDENT College Registrar
    RECORDS
     
      
      
      
      
      
      
    NON-CREDIT STUDENT Controller
    ACCOUNT RECORDS
     
      
    (
    Hard copy maintained for 5 years)
     
    D.
    Disclosure of Education Records
     
     
    Delgado Community College will not disclose information from a student's education
    records without the written consent of the student. Exceptions to this policy may
    include:
     
    1. To school officials who have a legitimate educational interest in the records.
    A school official has a legitimate educational interest if the official is:

    SA-1442.2B September 7, 2004
     
     
     
    6
     
    a. Performing a task that is specified in his or her position description or
    by a contract agreement.
     
    b. Performing a task related to a student's education.
     
    c. Performing a task related to the discipline of a student.
     
    2. To officials of another school, upon request, in which a student seeks or
    intends to enroll.
     
    3. 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.
     
    4. In connection with a student's request for or receipt of financial aid as
    necessary to determine the eligibility, amount, or conditions of the financial
    aid, or to enforce the terms and conditions of the aid.
     
    5. If required by a state law requiring disclosure that was adopted before
    November 19, 1974.
     
    6. To organizations conducting certain studies for or on behalf of the College.
     
    7. To accrediting organizations to carry out their functions.
     
    8. To parents of an eligible student who claim the student as a dependent for
    income tax purposes.
     
    9. To comply with a judicial order or a lawfully issued, valid subpoena.
     
    10. To appropriate parties in a health or safety emergency.
     
     
    E.
    Records of Requests for Disclosure
     
     
    Delgado Community College will maintain a record of all requests for and/or
    disclosure 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 record may be reviewed by the student.
     
    Records are kept for one year only on requests from, or disclosure of records
    to (1) the student; (2) a party with written consent from the student; or (3) a person
    seeking directory information. No records are kept on requests from school officials
    as defined in Section D-1 above.
     

    September 7, 2004 SA-1442.2B
     
     
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    F.
    Directory Information
     
     
     
    (1). In accordance with the Code of Federal Regulations (34CFR99.37),
     
    Delgado Community College may disclose directory information if it has
     
    given public notice to parents of students in attendance and eligible
     
    students in attendance at the College of:
     
     
    - The types of personally identifiable information that the College has.
     
    - A parent's or eligible student's right to refuse to let the College
    designate any or all of those types of information about the student
    as directory information (see Section F (3) below).
     
    - The period of time within which a parent or eligible student has
    to notify the College in writing that he or she does not want any or
    all of those types of information about the student designated as
    directory information.
     
    - The College may disclose directory information about former
    students without meeting the conditions in Section F (1) of this
    section.
     
    (2). Delgado Community College designates the following items as Directory
    Information: the student's name, address, telephone number, e-mail address,
     
      
      
    date and place of birth, date of enrollment, division in which enrolled, full- or
    part-time enrollment status, classification, major, degree(s) earned, awards,
    participation in officially recognized activities and sports, weight and height
    (of members of athletic teams), and the most recent previous educational
    agency or institution attended by the student.
     
    (3). A student who desires that any or all of the above listed information not be
    released must notify the Campus Registrar (or equivalent office on the
    campus) in writing each semester within the first 10 class days after the final
    day of late registration. If further information is desired, the Campus
    Registrar (or equivalent office on the campus) may be contacted. The
     
      
      
    College may disclose any of those items without prior written consent, unless
    notified in writing to the contrary within 0 class days after the end of late
    registration
    each semester.
     
     
    G.
    Correction of Education Records
     
     
    Students have the right to ask to have education records corrected that they
    believe are inaccurate, misleading, or in violation of their privacy rights.
    (Corrections do not include grade appeals. These changes must be appealed through
    the established appeal policy and must follow the established time lines for
    requesting such changes.) The following are the procedures for the correction of

    SA-1442.2B September 7, 2004
     
     
     
    8
    records:
     
    1. A student must request the College Registrar of Delgado Community College
    to amend a record. In so doing, the student should identify the part of the
    record he or she wants changed and specify why he or she believes it is
    inaccurate, misleading or in violation of his or her privacy or other rights.
     
    2. Delgado Community College may comply with the request or may decide not
    to comply. If the College decides not to comply, the College will notify the
    student of the decision and advise him or her of the right to a hearing to
    challenge the information believed to be inaccurate, misleading, or in
    violation of the student's rights.
     
    3. Upon request, Delgado Community College will arrange for a hearing, and
    provide reasonable advanced notification to the student of the date, place, and
    time of the hearing.
     
    4. The hearing will be conducted by a hearing officer who is a disinterested
    party; however, the hearing officer may be an official of the College. The
    student will 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. The hearing officer 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 Delgado Community College decides that the challenged information is not
    inaccurate, misleading, or in violation of the student's right of privacy, the
    College 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.
     
    The statement will be maintained as part of the student's education records as
    long as the contested portion is maintained. If Delgado Community College
    discloses the contested portion of the record, the College must also disclose
    the statement.
     
    7. If Delgado Community College decides that the challenged information is
    inaccurate, misleading, or in violation of the student's right of privacy, the
    College will amend the record and notify the student, in writing, that the
    record has been amended.

    September 7, 2004 SA-1442.2B
     
     
    9
     
    H.
    FERPA Rights of Students
     
     
    1. The right to inspect and review the student's education records.
     
     
    2. The right to request the amendment of the student's education records to
    ensure that they are not inaccurate, misleading, or otherwise in violation of
    the student's privacy or other rights.
     
    3. The right to consent to disclosures of personally identifiable information
    contained in the student's education records, except to the extent that the Act
    and the regulations authorize disclosure without consent.
     
    4. The right to file with the U.S. Department of Education a complaint
    concerning alleged failures by the institution to comply with the requirements
    of the Act and the regulations.
     
    5. The right to obtain a copy of the College's current student records policy.
     
     
    I.
    Guidelines for Users of the On-Line Student Information System (SIS)
    and Custodians of Student Records
     
     
     
    General Provisions:
     
     
    Access to student education records is governed by the Family Educational
    Rights and Privacy Act (FERPA) of 1974, as amended. All requests by students
    and/or outside agencies for information relative to a student's academic record must
    be completed by staff in the Campus Registrar's Office (or equivalent office on the
    campus). If a student's participation in a federally or state funded program requires
    that program to verify enrollment status for participants, those offices may comply
    with those program requirements (under the supervision of the College Registrar).
     
    All forms/written documentation of students' grades, grade point averages,
    academic standing, degrees, and program completion must be completed by staff in
    the Campus Registrar's Office (or equivalent office on the campus).
     
    1. Faculty may access the on-line records of the students for advising purposes
    and/or determining the registration status of students enrolled in their classes.
     
    2. Clerical/administrative staff may access student records for faculty to use in
    academic advising and/or to determine the registration status of students
    enrolled in classes.
     
    3. A student may have access to his/her academic record only after the student
    has supplied a student ID or other picture ID. A student may have access only
    to his/her own record. A written request and appointment may be required.
     

    SA-1442.2B September 7, 2004
     
     
     
    10
     
    4.
    No information is to be released for students who have filed a written request
    for such privacy. This request will be noted in the on-line student records
    system.
     
    5. The only information that may be released by SIS Users over the telephone is
    the verification that a student is enrolled at Delgado as a full-time, half-time,
    or less than half-time student. Under no circumstances are grades given to
    students by telephone, except through the College's Interactive Voice
    Response (IVR) system, which contains procedures for verifying the student
    identity.
     
     
    6. All Delgado Community College students are assumed to be independent. As
    such, parents do not have access to their children's education records.
    Dependency must be proved through submission of a copy of the parents'
    most recent Income Tax Form 1040 to the Campus Registrar's Office (or
    equivalent office on the campus) or a release form signed by the student.
     
    7. Printed unofficial transcripts/degree audits must be kept in a secure location.
    Unofficial transcripts/degree audits may be given to the student, upon
    compliance with the requirements in number 3 above.
     
    8. Student workers are classified as college employees, and may have access to
    student records if their work assignment requires such
    access. Care must be taken to assure that student workers know the
    restrictions in access/release of records information.
     
    9. Whether a grade change has been made can be confirmed, but the grade may
    not be released over the telephone except through the College's Interactive
    Voice Response (IVR) system. The student may also access the grade change
    through the College’s web site, which contains procedures for verifying
    student identify.
     
    10. Whether an add/drop has been processed may be confirmed as long as the
    student specifies which courses should have been added or dropped.
     
    11. The contents of a letter sent to a student may be discussed if a letter was sent
    to that student about his/her record and the student calls with questions.
     
    12. Grades may not be posted.
     
    13. FERPA does not require the disclosure of any information to any party other
    than the student.
     
    14. Law enforcement officials do not have the right to access to a student's record
    unless they have a lawfully issued, valid subpoena. An IRS summons is a
    subpoena.

    September 7, 2004 SA-1442.2B
     
     
    11
     
    15. College officials may release information in the event of an emergency if the
    knowledge of the information is necessary to protect the health and safety of
    students or other persons.
     
     
    J.
    Faxed and On-Line Requests/Transcripts
     
     
    All releases of transcripts must be requested in writing; faxed requests and on-
    line requests through the College’s web site are accepted.
     
    Transcripts are faxed to other locations only in emergencies with the
    permission of the College Registrar or Assistant/Associate Registrar. Faxed and
    e-mailed transcripts are not official and may not be used to meet Delgado Community
    College admission requirements. Delgado Community College does not provide
    copies of admission materials (i.e., test scores, transcripts from other schools,
    immunizations, etc.) submitted to the College by students. Students must request
    copies of these documents from the institution that issued them.
     
     
    5.
    Cancellation
     
     
    This policy and procedures memorandum cancels SA-1442.2A,
    Student Records,
    dated March 12, 1996.
     
    SIGNATURE
     
    Alex Johnson
    Chancellor
     
    Policy Reference:
     
    Family Educational Rights and Privacy Act (FERPA) 1974, as amended
    Louisiana Revised Statute 17:3021,
    Louisiana Student Financial Assistance Commission
     
     
    Code of Federal Regulations 34CFR99.37,
    Disclosing Directory Information
     
    Review Process:
     
    Registrar’s Council 5/31/04
     
    Campus Student Affairs Councils 6/24/04
    Academic Affairs Council 7/15/04
    Executive Council 9/7/04
     
    Distribution:
    Electronic Distribution Via Intranet and Email Systems

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