Educational Record Privacy Policy

Introduction

The University's practice in regard to student record-keeping is based on the provisions of the Family Educational Rights and Privacy Act (FERPA or the “Act”) of 1974. FERPA is a Federal law that protects the privacy of student education records.

Definitions

“Educational records” protected by FERPA are those educational records which contain information directly related to a student and which are maintained by 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 created by Public Safety for a law enforcement purpose, and maintained by Public Safety.
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 used for the purposes for which they were specifically intended.
If the student has signed a valid waiver 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.
Records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker of the record and which are not accessible or revealed to any person other than the maker and/or his/her/their 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 and are not used for any other purpose.
Records of students made or maintained by physicians, psychiatrists, psychologists or other recognized professionals or paraprofessionals acting in his/her/their professional or paraprofessional capacity or assisting in that capacity when the records are made, maintained or used in connection with treating the student and are available only to persons providing the treatment, or which are 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.

Right to Review

Under the provisions of FERPA, students have the right to view the student’s education record maintained by the University. The University is not required to provide copies of records unless it is impossible for eligible students to review the records (e.g., due to distance). The University may charge a fee for copies. 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.
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. If the University decides not to amend the record, the student has a right to a formal hearing. After the hearing, if the University decides not to amend the record, the student has the right to place a statement with the record setting for his/her/their view about the contested information.
If information concerns more than one student, students 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 permission 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:

School officials with legitimate educational interest;
Others schools for which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate persons in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
Accrediting organizations;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety emergencies;
State and local authorities within a juvenile justice system pursuant to Massachusetts law;
Authorized representatives of the Comptroller General of the United States, the Secretary of Education, State educational authorities or authorized representatives of the Attorney General for law enforcement purposes;
Parents of dependent students;
Pursuant to a Federal Grand Jury subpoena;
To an alleged victim or perpetrator of a crime of violence or nonforcible sex offenses, certain information consisting of the final result of disciplinary proceedings conducted by Simmons against the alleged perpetrator of the crime or offense;
Information regarding registered sex offenders;

As otherwise required by applicable law.

Simmons may also disclose, without consent, “directory” information such as the student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. 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.

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.

Complaints of Violations

A student who believes that his or her 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 for Student Affairs or the Office of the Registrar.

Contacts:

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

Office of the VP for Student Affairs:
Renique Kersh, VP for Student Affairs
Email: renique.kersh@simmons.edu