To comply with the Federal Educational Rights and Privacy Act (FERPA) and to delineate Saint Luke’s College of Health Sciences (“Saint Luke’s College” or “the College”) policy for disclosure of, and access to educational records 
 
In accordance with the Family Educational Rights and Privacy Act (FERPA), education records/information about a student is not released unless written authorization is given by the student or FERPA otherwise authorizes disclosure without prior student consent.   Permitted exceptions under the law include those listed in the “Disclosures that the College May Make Without Consent” section below.   Annual notification of students’ rights under FERPA is provided in the student handbook.  
 
Definitions
Student: for the purpose of this policy, a student is any person who attends or has attended Saint Luke’s College. 
Directory Information: Saint Luke’s College defines directory information as a student’s name, address, telephone number, e-mail address, date of birth, place of birth, class, dates of attendance, awards and honors, participation in officially recognized activities, enrollment status, grade level, photographs, fields of study and the previous educational institutions attended. The College may release directory information without the student’s consent.  
  • Forms requiring the college to withhold all or part of this information are available in the registrar’s office and are given to all students during orientation. If a student wishes to withhold all or part of his or her directory information, this form must be completed and returned to the registrar by the third week of the fall or spring semester (whichever is the student’s first semester).
  • Unless the College has been notified by the student that directory information about himself/herself is not to be released, the College may release such information at its discretion and without further permission. Note, however, that the College reserves the right to not disclose directory information in some situations or may choose to limit the scope of the release to specific parties, for specific purposes, or both, even if a student has not opted-out of such disclosures.
  • The College will honor all requests to withhold any of the categories of directory information, but will not assume any responsibility to contact the student for subsequent permission to release that information. A student should realize that requesting that directory information be withheld could have negative consequences.  For example, the names of students who have restricted their directory information will not appear in the commencement program or other College publications.  Also, employers, potential employers, credit card companies, loan agencies, scholarship committees, and the like will be informed that the College has no information available about the student’s attendance at the College if these entities were to request directory information that has been restricted.  Regardless of the effect on the student, the College assumes no liability for honoring a request of the student to restrict the disclosure of directory information.
  • Notwithstanding the above, a student may not opt-out of the disclosure of the student’s name, identifier or College email address in a class in which the student is enrolled.

Education Records: Education records include a range of information about a current or former student that is maintained by Saint Luke’s College or an agent of the College in any recorded way, such as handwriting, print, film, tapes, video, microfilm, and microfiche.  Examples are:

  • Date and place of birth, parents and/or guardian addresses and where parents can be contacted in emergencies;
  • Academic records, such as grades, test scores, courses taken, academic specialization and activities, and official letters regarding a student’s status in school;
  • Disability accommodation records;
  • Disciplinary records;
  • Documentation of attendance, schools attended, courses taken, awards conferred and degrees earned;
  • Personal information such as a student’s identification code, social security number, picture, or other information that would make it easy to identify or locate a student.

There are certain types of records about a student that are not education records under FERPA.  For example:

  • Personal notes made by teachers and other school officials that are not shared with others;
  • Law enforcement records created and maintained by the College’s law enforcement unit;
  • Records relating to an individual who is employed by the College (except if the individual is a student employed as a result of his or her status as a student) that are made and maintained in the normal course of business, relate exclusively to the individual in that individual’s capacity as an employee and are not available for any other purpose;
  • Records created or received by the College after the student is no longer in attendance and are not directly related to the individual’s attendance as a student.

Most, but not necessarily all, education records are maintained in the registrar’s office. Official transcripts are maintained in the registrar’s office and are, except as herein provided, released upon the student’s prior written request only. 

School Official: A school official typically includes a person employed by the College in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); 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 the College who performs an institutional service of 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 identifying information from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official typically has a legitimate educational interest in accessing a student’s education record if the official needs to review the record to fulfill his or her professional responsibilities for the College. 

Students Rights under FERPA 

1. Access to education records
A student has the right to inspect and review his or her education records within 45 days after the day the college receives a request for access. A student should submit to the registrar a written request that identifies the record(s) the student wishes to inspect. The registrar will make arrangements for access and notify the student of the time and place where the records may be inspected.  If the records are not maintained by the registrar, the student shall be advised of the correct school official to whom the request should be addressed.
  • A school official will be present during a student’s review of his/her requested education records.
  • The right of inspection and review includes the right to access and an explanation of the record.  It does not include the right to a copy of the education record except in limited circumstances when failure to provide a copy would effectively prevent the student from inspecting and reviewing the record (e.g., the student lives outside of a reasonable commuting distance from the College).
  • Right to deny transcripts and copies of records: While students have the right to inspect their education records regardless of their financial status with the College, Saint Luke’s 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:
    o The student has an unpaid or delinquent financial obligation to the College
    o There is an unresolved disciplinary action against the student
  • At the postsecondary level, parents have no inherent rights to inspect or review their son or daughter's education records. This right is limited solely to the student. A student’s education records may be released to parents only if they have been given a written release by the student or if a FERPA exception applies (such as in the case of a health and safety emergency or to comply with a lawfully issued subpoena).
  • The right of refusal to inspect records: Saint Luke’s College reserves the right to refuse to permit a student to inspect the following records:
    o The financial statements of the student’s parents.
    o Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in file before January 1, 1975.
    o Records connected with an application to attend Saint Luke’s College if the application was denied.
    o Those records which are excluded from the FERPA definition of education records.
2. Right to request amendment
A student has the right to request amendment of the student’s education records that the student believes is inaccurate or misleading or otherwise in violation of the student’s privacy rights under FERPA. A student who wishes to ask the College to amend a record should write to the College official responsible for the record, a written request, clearly identify the part of the record the student wants changed, and specify why it should be changed.
 
If the College Official responsible for the record decides the information presented does not merit a change, the student will be notified in writing of that decision and advised to follow the College procedure for grievances. Information regarding a hearing will be provided to the student by the grievance procedures. Note that requesting an amendment to any education records is not the proper avenue for challenging course grades. A student may challenge a final course grade by INCLUDE REFERENCE TO GRADE APPEAL PROCEDURES. 
 
3. Right to provide written consent to the release of education records
A student has the right to provide written consent before the College discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent (as discussed in the “Disclosures that the College May Make Without Consent” section below).
 
4. The right to file a complaint
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC  20202-5920 
 
Disclosures that the College may make without consent.  
FERPA permits the disclosure of PII from students’ education records, without the consent of the student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. These exceptions are listed below. 
  • To other school officials, including teachers, within the College whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))
  • To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34. (§ 99.31(a)(2))
  • To authorized representatives of the U. S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§ 99.31(a)(3) and 99.35)
  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§ 99.31(a)(4))
  • To organizations conducting studies for, or on behalf of, the school, to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§ 99.31(a)(6))
  • To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))
  • To parents of a student if the student is a dependent for IRS tax purposes. (§ 99.31(a)(8))
  • To comply with a judicial order or lawfully issued subpoena. (§ 99.31(a)(9))
  • To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10))
  • Information,the school has designated as "directory information" under § 99.37. (§ 99.31(a)(11))
  • To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§ 99.31(a)(13))
  • To the general public, the final results of a disciplinary proceeding, subject to the requirements of § 99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§ 99.31(a)(14))
  • To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§ 99.31(a)(15))
  • If the disclosure concerns sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071, and the information was provided to the institution under 42 U.S.C. 14071 and applicable Federal guidelines. (§99.31(a)(16))

Designated Record Custodians 

Types of Data Record Custodian 
Admissions Records for students prior to enrollment for all programs Director of Admissions and Enrollment 
Admissions Records following enrollment for all programs Registrar 
Cumulative Academic Records Registrar 
Discipline Records Provost 
Nonacademic grievances Chief Student Affairs Officer 
Academic grievances Provost 
Progress Records for degree in progress Registrar