General Information
Student Privacy Rights

I. Notification to Students of Rights Under the Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) afford students certain rights related to their educational records. They are:

• The right to inspect and review the education records within 45 days of the day the College receives a request for access. The student must submit to the Director of Records/Registrar a written request that identifies the record (s) to be inspected. The College will make arrangements for access and notify the student of the time and place where the record (s) may be inspected. If the College official to whom the request was submitted does not maintain the record (s), that official shall advise the student of the correct official to whom the request should be addressed.
• The right to request an amendment to the student’s education record (s) the student believes is inaccurate or misleading. The student may ask the College to amend a record believed to be inaccurate or misleading. The student should write the College official responsible for the record, clearly identifying the part of the record to be changed, and specify why it is inaccurate or misleading. If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of the 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.
• The right to consent to disclosures of personally identifiable information contained in the student’s education record, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic, or support staff position (including law enforcement unit and health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agency); a person serving on the Board of Trustees; or a student serving on an official committee, such as disciplinary or grievance committee, or assisting another school official in performing his/her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill her/his professional responsibility. Upon request, the College discloses education records without consent to officials of another school to facilitate the student's transfer and enrollment.
• The right to file a complaint with the United States Department of Education concerning alleged failures by Southwestern Michigan College to comply with the requirements of FERPA.

The complaint can be sent to the following office that administers FERPA:
Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue, SW
Washington, DC 20202-4605

II. Directory Information as Defined by Southwestern Michigan College

The Family Rights and Privacy Act of 1974, allows that certain information may be released by the College under the title of “Directory Information.”

Southwestern Michigan College defines “directory information” as:

• A student’s name
• A student’s hometown
• Curriculum/Major of Study
• Participation in officially recognized activities
• Dates of attendance
• Degrees and awards received

The College may include a student’s directory information in college publications or otherwise release such information to the public without a student’s consent unless a student has informed the College in writing that his or her directory information is confidential.

This written notice must be sent or delivered in person to:
Records and Registration Office
Southwestern Michigan College
58900 Cherry Grove Rd
Dowagiac, MI 49047

III. In Compliance with the Solomon Amendment

The College will release student information for the purpose of military recruiting to the Department of Defense upon request. The information released is limited to the student name, address, telephone, age, levels of education, academic major, and degrees received.

IV. Student Social Security Number Privacy Policy

Southwestern Michigan College is committed to complying with both state and federal regulations concerning the collection and use of a student’s social security number. This policy applies to information that is collected by any means whether electronically, via telephone, or on paper. In compliance with these regulations Southwestern Michigan College will not utilize a student’s social security number as the primary identification number. If applying for federal financial aid a student will be required to submit their social security number. A copy of this Student Social Security Number Privacy Policy in its entirety is available upon request from the Records and Registration Office.

V. Family Educational Rights and Privacy Act Regulations Governing Disclosure of Confidential Records

1. Disclosure of Confidential Information to the Student:
   A student may inspect, review or obtain a photocopy of his or her educational record by submitting a written request, signed by the student, to the Director of Records/Registrar. The Director of Records/Registrar will arrange a time and date for the student to view the record, or provide the student with a photocopy of the record requested within 45 days after receiving the request. The College may permit a student to inspect, review, or obtain a photocopy of his or her educational record upon receipt of that student’s in-person, oral request. However, a student must, if requested, provide photo identification, which may be photocopied and kept in the student’s file, before reviewing or receiving a copy of his or her educational record. A student educational record includes all data: any form (paper, film, electronic, etc.) owned by the College and used to conduct business by school officials. The records are directly related to a student (personally identifiable) and maintained by an education agency or institution or by a party acting for the agency or institution. The following are not included in an Educational Records: sole possession records, law enforcement unit records, employment records, medical records, post-attendance records

.

2. Disclosure of Confidential Information to Third Parties
   Except to the extent FERPA authorizes disclosure without consent, personally identifiable information contained in a student's educational record will be disclosed to third parties only with prior written consent of the student. The consent must (1) identify the individual, agency, or classes of individuals or agencies to whom the information is to be made available; and (2) specify the records to be released.
   FERPA authorizes the disclosure of personally identifiable information contained in a student educational record without the consent of the student under various circumstances. The College may disclose such information: (1) to other Southwestern Michigan College officials, including instructors, whom the College has determined to have legitimate educational interests; (2) to officials of another school where a student seeks or intends to enroll; (3) to the Comptroller General of the United States, the Secretary of Education, or state and local educational authorities; (4) in connection with financial aid for which the student has applied or which the student has received; (5) to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate, or administer predictive tests; administer student aid programs; or improve instruction; (6) to accrediting organizations to carry out their accrediting functions; (7) to parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1954; (8) to comply with a judicial order or lawfully issued subpoena; (9) to persons in connection with a health or safety emergency; (10) information designated “directory information;” (11) to an alleged victim of any crime of violence of any disciplinary proceeding conducted by an institution of post secondary education against the alleged perpetrator of that crime.

3. Parental Access to Student Records
   A parent does not automatically have access to their child's student records. The Guidelines for Post Secondary Institutions for Implementation of the Family Education Rights and Privacy Act of 1974 as amended - revised edition 1995, states: “At the post secondary level, parents have no inherent rights to inspect a student's education records.” As a general rule a student must consent to the release of his or her education records. In the event that a student is a legal dependent, as defined by the Internal Revenue Code, the parent may assert the right to review the education records, but only upon presentation of a copy of the appropriate IRS form (e.g., most recent tax return), documenting dependent status. The College may keep a photocopy of the IRS form in the student file.

4. Authorization to Release Confidential Information Form
   Any person requesting to review or copy student education records must submit an “Authorization to Release Confidential Information Form” signed by the student. The form may be obtained from the Academic Support Office. As with all requests to review records, any person requesting access to student records must provide photo identification that may be photocopied and kept in the student’s file.