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Notification of Rights
The Family Educational Rights and Privacy Act of 1974 (FERPA) affords students certain rights with respect to their educational records. They are as follows:
1. The right to inspect and review the student's education records within 45 days of the day the University receives a request for access.
Students should submit to the Registrar written requests that identify the record(s) they wish to inspect. The Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected.
2. The right to request the amendment of the student's education records that the student believes are inaccurate, misleading, or otherwise in violation of the student's privacy rights.
Students may ask WSC to amend a record and specify why it is inaccurate or misleading. If the WSC decides not to amend the record as requested by the student, WSC will notify the student of the decision and advise the student of his or her 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.
3. The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent.
One exception which permits disclosure without consent is disclosure to camps officials with a legitimate educational interest. A campus official is a person employed by WSC or the North Dakota University System in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the college or North Dakota University System has contracted (such as an attorney, auditor, or collection agent); employees of the North Dakota Attorney General's Office providing legal representation to WSC; a person serving on the Board of Higher Education; or a student serving on an official committee, such as a disciplinary or grievance Committee, or assisting another college or University System official in performing his or her tasks. A campus official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the campus discloses education records without a student's consent to officials of another school in which a student seeks or intends to enroll.
As of January 3, 2012, the U.S. Department of Education's FERPA regulations expand the circumstances under which students' education records and personally identifiable information (PII) contained in such records-including Social Security Number, grades, or other private information-may be accessed without student consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities ("Federal and State Authorities") may allow access to education records and PII without student consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any program that is "principally engaged in the provision of education," such as early childhood education and job training, as well as any program that is administered by an education agency or institution. Second, Federal and State Authorities may allow access to education records and PII without student consent to researchers performing certain types of studies, in certain cases even when the university objects to or does not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive student personally identifiable information, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems (SLDS), State Authorities may collect, compile, permanently retain, and share without student consent personally identifiable information from education records, and they may track student participation in education and other programs by linking such personally identifiable information to other personal information about students that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.
4. The right to request the following categories of personally identifiable information, or 'directory information', not be made public:
· Name (all names on record)
· Address (all addresses on record)
· E-mail address (all electronic addresses on record)
· Phone number (all phone numbers on record)
· Height, weight and photos of athletic team members
· Place of birth
· Major field of study (all declared majors)
· Minor field of study (all declared minors)
· Class level
· Dates of attendance
· Enrollment status
· Names of previous institutions attended
· Participation in officially recognized activities and sports
· Honors/awards received
· Degree earned (all degrees earned)
· Date degree earned (dates of all degrees earned)
· Photographic, video or electronic images of students taken and maintained by the institution
Any student wishing to exercise this right must contact the WSC Academic Records Office to complete necessary written paperwork.
WSC receives inquiries for "directory information" from a variety of sources such as prospective employers, government agencies, news media, parents, other colleges and universities, licensing agencies, etc. Please consider carefully the consequences of your decision to withhold release of directory information. Once you inform WSC not to release this information, future requests from non-campus persons or organizations will be refused. In addition, that information will not be published in campus publications, such as telephone directories or commencement programs. WSC will not contact you for subsequent permission to release this information after it has been restricted, and assumes no liability for honoring your instructions that such information be withheld. Be aware that information used in college publications may be collected in advance of their printing. You must restrict release of directory information by the tenth day of the term if you do not wish to be included in these publications. Requests to restrict directory information will be honored until the student specifically and officially requests to lift these restrictions.
Furthermore, students may provide consent to release non-directory information (financial and academic records) to designated third parties by completing a FERPA Release Form available online. The release remains in effect until the consent is revoked in writing and the revocation is delivered to WSC.
5. Health or Safety Exception: WSC may also disclose personally identifiable information from education records, without consent, to appropriate parties, including parents of an eligible student, in connection with a health or safety emergency. Under this provision, colleges and universities may notify parents when there is a health or safety emergency involving their son or daughter, even if the parents do not claim the student as a dependent.
FERPA also permits a school to disclose personally identifiable information from education records without consent when the disclosure is to the parents of a student at a postsecondary institution regarding the student's violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance. WSC may non-consensually disclose information under this exception if WSC determines that the student has committed a disciplinary violation with respect to that use or possession and the student is under 21 years of age at the time of the disclosure to the parent.
6. The right to file a complaint with the U.S. Department of Education concerning alleged failure by WSC to comply with the requirements of FERPA:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Ave. SW
Washington, DC 20202