Educational Record Privacy Policy

Introduction

The University's practice in regard to student record-keeping complies with the provisions of the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) ("FERPA" or the “Act”) of 1974. FERPA is a Federal law that protects the privacy of student education records.

Definitions

“Educational records” are those records, files, documents, and other materials which contain information directly related to a student and which are maintained by the University or by a person acting for the University. The following are examples of information which are not “educational records” protected by FERPA. Please note that this is not an exhaustive list:
Records maintained by Public Safety that were created by Public Safety for the purpose of law enforcement.
Information concerning students’ violation of law or policies concerning the use or possession of alcohol or a controlled student when the student is under 21, and when the information is provided to the students’ parent(s) or legal guardian(s).
Information concerning deceased students.
Information obtained through a school official’s personal knowledge or observation, unless that knowledge is obtained through his/her/their official role in making a determination maintained in education records about that student.
Financial records of the students’ parents or any information contained therein.
Confidential letters and statements of recommendation placed in the education records before January 1, 1975, if the letters or statements are not used for the purposes other than those for which they were specifically intended.
If the student has signed a valid waiver in writing regarding their right of access, confidential recommendations respecting admission to any educational agency or institution, respecting an application for employment, and/or respecting the receipt of an honor or honorary recognition. The waiver shall apply to recommendations only if the student is, upon request, notified of the names of all persons making confidential recommendations and the recommendations are used for the purpose for which they were specifically intended. Such waivers shall not be used as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from the University. This waiver may be revoked at any time for actions occurring after the revocation, and such revocation must be in writing.
Records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute.
Records of University employees who are not in attendance at the University, where the records are maintained in the normal course of business and relate exclusively to the individual in their capacity as an employee are not available for use for any other purpose.
Records of students which are made or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in his/her/their professional or paraprofessional capacity or assisting in that capacity when the records are made, maintained or used only in connection with the provision of treatment to the student and are not available to anyone other than persons providing such treatment, except that the records can be personally reviewed by a physician or other appropriate professional of the student’s choice.
Records of individuals who are not and have not been in attendance at Simmons.
Grades on peer-graded papers before they are collected and recorded by a Professor.

Right to Review

Under the provisions of FERPA, students have the right to view the student’s own education record maintained by the University. If circumstances effectively prevent you from exercising your right to inspect and review your education record (e.g., due to distance) the University may make copies of the records requested or make other arrangements for you to inspect and review the requested records. The University may charge a fee for copies, unless the imposition of the fee effectively prevents you from exercising your rights to inspect and review your education records. To review your student records, you must make a written request to the appropriate office (e.g., the Registrar). The University will respond within a reasonable time, and no more than forty-five (45) days from the date of receipt of your request. The University will also respond to reasonable requests for explanations and interpretations of the records.
Students have the right to request that the University correct records which students believe are inaccurate, misleading, or are otherwise in violation of the privacy rights of the students. The University will decide whether or not to amend the record as requested within a reasonable time after receiving the request. If the University decides not to amend the record, the student has a right to a formal hearing. The hearing will be held within a reasonable time period. After the hearing, if the University shall issue a decision within a reasonable time period as to whether to amend the record. If the University decides not to amend the record, the student has the right to place a statement with the record commenting on the contested information in the record and/or stating why he/she/they disagree with the decision.
If information concerns more than one student, the student shall have the right to inspect or review only such part of such material or document as it relates to that student or to be informed of the specific information contained in that part of the material.

Disclosure of Records Without Consent

Generally, the University must have written consent from the student in order to release information from a student’s education record. However, FERPA allows the University to disclose those records, without consent, to the following parties or under the following conditions:

Other school officials, including Professors within the University, who have been determined by Simmons to have a legitimate educational interest, including the educational interest of the student for whom consent would otherwise be required;
Officials of other schools in for which a student seeks or intends to enroll, as long as the disclosure is for the purposes related to the student's enrollment or transfer;
Authorized representatives of the Comptroller General of the United States, the Secretary of Education or state educational authorities to the extent that such records are necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements relating to such programs;
In connection with a student’s application for, or receipt of, financial aid;
Organizations conducting certain studies for or on behalf of educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organization;
Accrediting organizations in order to carry out their accrediting functions;
To comply with a judicial order or lawfully issued subpoena;
If the University initiates a legal action against the student, such education records as rare relevant for the University to proceed with the legal action. If the student initiates a legal action against the University, such education records as are relevant for the University to defend itself.
In connection with an emergency, to appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons;
State and local authorities within a juvenile justice system pursuant to Massachusetts law;
Parents of dependent students;
Pursuant to a Federal Grand Jury subpoena;
To an alleged victim of a crime of violence or nonforcible sex offenses, the final result of disciplinary proceedings conducted by the University against the alleged perpetrator of the crime or offense;
Certain information concerning the final results of any disciplinary proceeding conducted by Simmons against any student who is an alleged perpetrator of a crime of violence, or a nonforcible sex offense, if the University determines as a result of that disciplinary proceeding that the student committed a violation of its rules or policies with respect to the crime or offense.
To contractors, consultants, volunteers, or other parties to whom the University has outsourced institutional services or functions, provided that that party performs an institutional service or function for which the University would otherwise use employees; is under the direct control of the University with respect to the use and maintenance of education records; and is subject to certain requirements governing the use and redisclosure of personally identifiable information from education records.
Information regarding registered sex offenders;
All information which the University is required to disclose under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. 1092(f) ("Clery Act").

As otherwise required by applicable law.
The University may also disclose, without consent, “directory” information such as the student’s name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance degrees and awards received, and the most recent previous educational agency or, institution attended by the student, student identification number (or other unique personal identification number used by the Student), but only if that identifier cannot be used to gain access to education records except in conjunction with one or more factors that authenticate the users’ identity. Students are permitted to request that the University does not disclose such “directory” information. If you would like to request that the University does not disclose your “directory” information, you must do so in writing, and you must direct your request to the Office of the Registrar. Note that your right to opt out of directory disclosures, if exercised, does not prevent the University and University officials from identifying you by name or disclosing your electronic identifier or institutional email address in class.

Disclosure of Records with Consent

The University may make disclosures of personally identifiable information from an education record if the student consents in writing. The written consent must specify the records that may be disclosed, state the purpose of the disclosure, and identify the party or class of parties to whom the disclosure may be made. You may request a copy of the records disclosed, provided that the University may charge a fee as discussed above.

Miscellaneous Provisions

FERPA does not prohibit the University from including in the student’s education record information concerning disciplinary actions taken against the student for conduct which posed a significant risk to the safety or well-being of the students or other members of the Community, or from disclosing such information to University officials or teachers and officials at other Universities who have legitimate business interests in the students’ behavior.

FERPA does not prohibit the University from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, state, or local law, or of any rule or policy of the University, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student’s education records, if, the student is under the age of 21 and the University determines that the student has committed a disciplinary violation with respect to such use or possession.

Complaints of Violations

A student who believes that his/her/their rights under FERPA have been violated may file a written complaint with the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-4605. The Complaint must be timely (e.g., submitted to the office within 180 days of the date the complainant knew or reasonably should have known of the violation), and must state clearly and succinctly specific allegations of fact giving reasonable cause to believe that the school has violated FERPA.

Questions

Further questions about FERPA should be directed to the Offices of the Vice President of Student Engagement and Dean of Students, or the Office of the Registrar.

Contacts:

Registrar’s Office:
Shirley Alexander-Hunt, Registrar
Email: registrar@simmons.edu

Office of the VP of Student Engagement and Dean of Students
Rae-Anne Butera, Vice President of Student Engagement and Dean of Students
Email: rae-anne.butera@simmons.edu