FERPA

Responsible Position for Policy: Registrar
Division Responsible for Policy: Arts and Sciences
Scope of Policy: This policy applies to the education records of students who are or have been in attendance at Oberlin College & Conservatory, including students who participate in non-traditional programs, continuing education, distance learning, or auditing a class. FERPA rights at Oberlin College & Conservatory apply to any student, regardless of age. Faculty, staff, and students are required to comply with this policy.
Original Issue Date: 9/21/2022
Last Revision Date: n/a
Log of Previous Revisions: n/a

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Policy Purpose

The Family Educational Rights and Privacy Act (FERPA) is a federal law designed to protect the privacy of education records and establish the right of students to amend their education records. The act applies to all institutions that receive funds administered by the US Secretary of Education. The FERPA statute is found at 20 U.S.C. § 1232g, and the FERPA regulations are found at 34 CFR Part 99. The purpose of this policy is to convey Oberlin College & Conservatory’s guidelines and procedures regarding the protection, privacy, and amendment of education records.

Policy Scope/Eligibility

This policy applies to the education records of students who are or have been in attendance at Oberlin College & Conservatory, including students who participate in non-traditional programs, continuing education, distance learning, or auditing a class. FERPA rights at Oberlin College & Conservatory apply to any student, regardless of age. Faculty, staff, and students are required to comply with this policy.

Definitions

Directory Information

Directory Information is information that would generally not be considered harmful or an invasion of privacy if disclosed to the public. At the discretion of Oberlin College & Conservatory, directory information may be disclosed to anyone, and by any means, without a student’s written consent unless a student has submitted a request to the Office of the Registrar to restrict directory information. The College is not required to release directory information. At Oberlin College & Conservatory the following categories are considered Directory Information:

• Student’s name
• Address (permanent, campus mailing, email, ObieID)
• Telephone listing (permanent, local preferred, cell)
• Photograph
• Majors, minors, and concentrations
• Participation in recognized activities and sports that officially represent the college
• Weight and height of members of athletic teams
• Dates of attendance
• Degrees, awards, and honors received
• The most recent previous educational agency or institution attended by the student

You have the right to withhold the release of some or all directory information. To do so, you must complete the “Request to Restrict FERPA Directory Information” form. Your completion of the Request to Restrict FERPA Directory Information form will not preclude your ability to provide explicit consent to the release of information that would otherwise be known as Directory Information in a formal release document.

Education Record

Any records (handwritten, print, tapes, film, microfilm, microfiche, database, or any electronic form including emails) that relate directly to a student and are maintained by Oberlin College & Conservatory or by a party acting on behalf of the institution. Records containing personally identifiable information such as a student’s name or social security number, regardless of medium, are covered by FERPA.

Records not subject to this policy:

• Records of individuals denied admission to Oberlin College & Conservatory
• Records of individuals accepted to Oberlin College & Conservatory but the individual chose to not attend
• For individuals denied admission in one division of the institution but accepted in another division, the records maintained by the division in which admission was denied are not subject to this policy
• Sole possession records (“memory joggers”) of the maker that are not accessible or revealed to any person except a temporary substitute for the maker of the record
• Employment records, unless contingent upon attendance
• Records relating exclusively to student employees of the Oberlin College & Conservatory in their capacity as employees
• Medical records created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional that are used only in connection with treatment of the student and disclosed only to individuals providing treatment 
• Post-attendance records created or received after an individual is no longer a student in attendance and are not directly related to their attendance as a student
• Grades on peer-graded papers before they are collected and recorded by a teacher

In attendance

A student is considered in attendance at Oberlin College & Conservatory once they arrive on campus for the purpose of taking courses or on the first day of classes, whichever is earlier.

Legitimate Educational Interest

A school official has legitimate educational interest (“need to know”) in an education record or in the personally identifiable information in those records if that person needs access to carry out their responsibilities in support of Oberlin College & Conservatory’s educational mission.

Parent

Parent (custodial or non-custodial), guardian, or an individual acting as a parent in the absence of a parent or guardian.

Personally Identifiable Information

Data or information that includes but is not limited to:

• Student’s name
• Name of student’s parent or other family members
• Address of the student or their family
• Personal identifier such as social security number or biometric record
• Indirect identifiers such as date of birth, place of birth, and family surnames
• Other information that alone or combined is linkable to a specific student and would allow a person in the school community to identify the student with reasonable certainty
• Information requested by a person who the institution reasonably believes knows the identity of the student to whom the education record relates

School Official

A school official typically includes a person employed by Oberlin College & Conservatory in an administrative, supervisory, academic, research, or support staff position; 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 Oberlin College & Conservatory who performs an institutional service or 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 personally identifiable information from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing their tasks.

Student

Those who are or have been in attendance at Oberlin College & Conservatory, including students who participate in non-traditional programs, continuing education, distance learning, or auditing a class. FERPA rights at Oberlin College & Conservatory apply to any student, regardless of age.

Administration

The Office of the Registrar is responsible for keeping this policy up to date and coordinating a detailed review at least once every 5 years.

Procedures

Annual Notice to Students

Each year Oberlin College & Conservatory must notify students in attendance of their FERPA rights. The notice must contain:

• Definition of School Official and Legitimate Educational Interest
• The student’s right to inspect and review information contained in their education record, including procedure to take this action
• The student’s right to request an amendment to their education records to ensure they are not inaccurate, misleading, or otherwise in violation of their privacy or other rights; including procedure to take this action
• The student’s right to consent to the disclosure of non-directory personally identifiable information from their education records
• Request for non-disclosure (“opt out”) by the student is in effect from the date the signed and dated written request is received until a signed and dated written request to rescind is received from the student 
• The right to file a complaint with the U.S. Department of Education concerning alleged failures by Oberlin College & Conservatory to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

         Student Privacy Policy Office
         U.S. Department of Education
         400 Maryland Avenue, SW
         Washington, DC 20202-8520
         Phone: (202) 260-3887
         Fax: (202) 560-9001
         Email: FERPA.Complaints@ed.gov 

Student Access to Inspect and Review Educational Records

Prior to providing educational records to a student, the responsible college official must authenticate the identity of the student and will require sufficient evidence to verify the student’s identity. In order for a student to inspect their education records, the student must submit a signed and dated written request addressed to the supervisor of the office in which the records are maintained on a form prescribed by Oberlin College & Conservatory. The request form must describe the records sought and the purpose for which access is being requested. The responsible college official will make arrangements for the student to review the records at an appropriate office at Oberlin College & Conservatory; arrangements must be made within a reasonable period of time but not more than 45 days from the date of receipt of the signed and dated written request.

In exigent circumstances that effectively prevent students from exercising their right to inspect and review their education records, Oberlin College & Conservatory may elect to provide copies of education records to students or alternatively make the records available to students for their inspection in a supervised setting at a location remote from Oberlin College & Conservatory. In cases in which Oberlin College & Conservatory determines that copies of a student record may be provided, the copies will be made at the student’s expense. Oberlin College & Conservatory may refuse to provide copies so long as it does not limit the student’s right to inspect and review their education records. Offices keeping records that may be reviewed by the student include but are not limited to: Career Exploration and Development, Communications, the Conservatory, Financial Aid, the Academic Advising Resource Center/Registrar, the Dean of Students, and Residential Education and Dining Services.

It is the policy of Oberlin College & Conservatory not to release copies of disciplinary records, Student Honor Code records and proceedings, Sexual Misconduct Policy and Procedural Guidelines records and proceedings, Discrimination and Harassment Policy records and proceedings, judicial case files, or investigative files to third parties with the exception of the situations listed under the section The Disclosure of Education Records. Individuals may contact the Office of the Dean of Students to make arrangements for a file investigation.

If the records are not maintained by the college official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

Oberlin College & Conservatory will not destroy education records if it has received a proper request to inspect the records from a student, until such time as the student has had an opportunity to access the records.

Pursuant to federal law, only those education records directly related to the student will be made available for review. To the extent that a student’s education record contains references to another student, all personal identifiers pertaining to the other student will be redacted from the record before the requesting student is provided with access to the record, unless the information cannot be so redacted without destroying its meaning.

Limitations on a Student’s Right to Inspect and Review Educational Records

Oberlin College & Conservatory does not extend the right to review and inspect the following categories of records:

• Financial records, including any information in those records pertaining to the student’s parent(s) or guardian(s)
• Confidential letters and statements of recommendation that were placed on file before January 1, 1975, as long as the statements are used only for the purposes for which they were specifically intended
• Confidential letters and statements of recommendation that were placed on file after January 1, 1975, in which the student has waived their right to inspect and review those letters and statements pursuant to the guidelines delineated in Students’ Waiver of Right to Review Confidential Letters of Recommendation below, and that relate to the student’s admission to an education institution, an application for employment, or receipt of an honor or honorary recognition
• Any record that does not meet the definition of an education record

Students’ Waiver of Right to Review Confidential Letters of Recommendation

Students may waive their right of access to confidential letters and confidential statements of recommendation regarding admission to an education institution, for applications for employment, and for receipt of an honor or honorary recognition that are placed in the student’s education records after January 1, 1975, by completing a signed and dated written statement which describes the letters or statements with reasonable particularity and which contains the following language: “I hereby waive my right of access to this document now or at any time in the future. I do so with the full understanding that a waiver may not be required as a condition for admission, or receipt of financial aid or any other service or benefits of the institution.” (Signature must follow).

Students may revoke the signed and dated written statement by completing a signed and dated written request to revoke; however, by revoking they do not have the right to inspect and review documents collected while the waiver was in force.

Oberlin College & Conservatory will provide to a student a list of the names of individuals who provided letters, statements, and recommendations after receiving a signed and dated written request.

The letters and recommendations which the student has waived the right to access will be used only for the purpose for which they were intended.

Requests for Amendment to Educational Record

If a student believes that the information in an education record is inaccurate, misleading, or in violation of the privacy rights of the student, they may request that Oberlin College & Conservatory amend the record by submitting a signed and dated written request to the college official responsible for providing the student with access to the record.

If the college declines to accept the amendment, the student may request a hearing to challenge the contents of the student’s education record on the grounds that it is inaccurate, misleading, or in violation of the privacy rights of the student. A committee consisting of members who shall not have a direct interest in the outcome of the hearing – a departmental chair, a faculty member, and an administrator (normally the Dean of Students) – shall conduct the hearing. During the academic year, when students are in residence, the Dean of Students will select one student to be added to the membership of this committee. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

If as a result of the hearing, the committee agrees with the student’s contentions, the record will be amended accordingly.

If the committee disagrees with the student’s contentions, the student will be afforded the option of placing a signed and dated written statement in the record commenting on the contested information or stating why the student disagrees with the decision of the college. Such a statement will be retained with the record for as long as the record is maintained, and will be disclosed whenever the college discloses the portion of the record to which the statement relates.

Consent for Disclosure of Educational Record

Under federal law, the college retains the discretion not to disclose education records to third parties. Consent for disclosure of a student’s educational record must be made by the student on a form prescribed by Oberlin College & Conservatory. Such signed and dated written consent must specify the records that may be disclosed, the purpose of the disclosure, and the party or parties to whom the disclosure may be made. Upon receipt of a properly completed request, the responsible college official will make arrangements within a reasonable time, but not more than 45 days from the date of receipt of the signed and dated written request, for the third party to review the records at an appropriate office at Oberlin College & Conservatory. If the records are not maintained by the college 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 student has the right to access a copy of any records disclosed to a third party pursuant to the student’s consent.
• In certain cases, the college may permit a third party to obtain copies of records for which a student has supplied a duly executed consent for disclosure. However, under federal law, the college is under no obligation to provide copies of education records to third parties, and the college reserves the right to refuse to provide copies of education records to third parties in its sole discretion. It is the policy of the college not to release copies of disciplinary records, Student Honor Code records and proceedings, Sexual Misconduct Policy and Procedural Guidelines records and proceedings, Discrimination and Harassment Policy records and proceedings, judicial case files, or investigative files to third parties with the exception of the situations listed under the section The Disclosure of Education Records. Individuals may contact the Office of the Dean of Students to make arrangements for a file investigation.
• Third parties to whom education records are disclosed pursuant to a duly executed consent are not permitted to re-disclose the information contained in the record without the prior consent of the student, and the information may only be used for the purpose for which the disclosure was made.

Disclosure of Educational Records Without Consent

The college may disclose education records to third parties without consent of the student in the following instances:

• To a school official who has a legitimate educational interest. A school official has a legitimate educational interest (“need to know”) in personally identifiable information if it is essential to carrying out their responsibilities in support of Oberlin College & Conservatory’s educational mission
• In compliance with a lawful subpoena or judicial order
• In connection with a student’s application for or receipt of financial aid
• To state authorities exempted from the prior consent requirements of federal law
• To accrediting organizations
• To the parent(s) or guardian(s) of a “dependent” student, as defined by the Internal Revenue Code
• To appropriate persons to protect the health or safety of a student or other persons in an emergency situation
• To the parent(s) or guardian(s) of a student permitted by law in a case where a student who is under 21 years of age has been found responsible for committing a violation of law or college policy pertaining to the use or possession of drugs or alcohol or a controlled substance
• When permitted or required by law in cases where a student is found responsible for a violation of the rules and regulations pertaining to an act of sexual or physical assault or violence or a non-forcible sexual offense
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense
• To authorized federal officials who have need to audit and evaluate federally supported programs
• For public directory information, that is, information that the college has the policy of announcing publicly. “Directory Information” includes the student’s name, permanent, campus mailing, email or ObieID address, permanent, local preferred or cell telephone listing, majors, minors or concentrations, participation in recognized activities and sports that officially represent the college, weight and height of members of athletic teams, dates of attendance, degrees, honors and awards received, and the most recent previous educational agency or institution attended by the student. A student may refuse to have directory information released if they notify the Registrar with a signed and dated written request.
• Disclosures to officials of other institutions in which a student seeks or intends to enroll, provided the institution gives the student an opportunity to request a copy of such record and an opportunity for a hearing to challenge the record
• Disclosures to organizations conducting studies for or on behalf of education institutions to develop, validate, or administer predictive tests, administer student aid programs, or improve instruction
• To Veteran’s Administration officials pursuant to 38 U.S.C. 3690(c)

Record of Disclosures

All Oberlin College & Conservatory offices that maintain education records shall keep a log of instances in which a student’s records are disclosed pursuant to a request by persons who are not otherwise authorized to have access to the records. The access log shall include the following: date the education record was examined; name and title of the reviewer; and the legitimate education purpose of the disclosure. The access log shall be available for inspection by the student.

Compliance

Questions or complaints about this policy can be directed to:

Office of the Registrar
Oberlin College
101 N. Professor St.
Oberlin, Ohio 44074
Phone: 440-775-8800
Email: registrar@oberlin.edu

Students also have the right to contact the Department of Education concerning alleged failures by Oberlin College to comply with the Act. Complaints should be directed to:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520
Phone: (202) 260-3887
Fax: (202) 560-9001
Email: FERPA.Complaints@ed.gov

Approval Process

Frequency of Review: Every 5 years
Review Process: Registrar conducts review
Necessary Approval Constituents: