FERPA

Family Educational Rights and Privacy Act of 1974

Lewis & Clark College Education Records Policy

I. Education Records

The Family Educational Rights and Privacy Act (Public Law 93-380), effective November 19, 1974 (as amended by Public Law 93-568, Buckley Amendment) is intended to ensure students the right to inspect, review, and control access to student educational records maintained by an educational institution.

The Education Records Policy of Lewis & Clark College is intended to comply with the requirements of the Family Education Rights and Privacy Act (FERPA). Students will be notified of their rights under FERPA annually by publication in the student handbook, catalog and/or registration announcements of the respective School.

All school officials, as defined in this Policy, are expected to manage student records in their custody in accordance with all FERPA regulations.

To receive access to student records, school officials (including work study student personnel) must receive a copy of this Policy and remain current regarding any FERPA modifications.

A. Definitions

1. Student

• Refers to any person currently enrolled at Lewis & Clark College, or
• Refers to any person who has previously earned academic credit at Lewis & Clark College.
• Applicants for admission are not classified as students.

2. Educational Records

Refers to any record (in handwriting, print, tapes, film, computer, or other medium) maintained by the institution or an agent of the institution which is directly related to a student, except:

1. A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.

2. Records created and maintained by the institution's law enforcement unit for law enforcement purposes. (However, if a copy of the Campus Safety Office record is given to the Registrar or other official of the institution for enforcement of a trespass order or other legitimate institution need, that copy becomes an educational record subject to FERPA.)

3. An employment record of an individual whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual's employment.

4. Records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional if the records are used only for treatment of a student and made available only to those persons providing the treatment.

5. Alumni records which contain information about a student after he or she is no longer in attendance at the institution and which do not relate to the person as a student.

6. Records maintained by Lewis & Clark College legal counsel.

3. Institution

This policy covers students of the three Schools of Lewis & Clark College: College of Arts and Sciences, Northwestern School of Law, and Graduate School of Professional Studies.

B. Contents of Record

Lewis & Clark College has defined Directory Information as the information listed below. This information may be released for any purpose at the discretion of the respective School unless notified in writing to the contrary. Students have the right to prevent disclosure of Directory Information; these requests must be provided in writing, signed and dated, to the appropriate Office of the Registrar.

1. Name
2. Address
3. Telephone Number
4. Internet Address
5. Current Enrollment Status
6. Dates of Attendance
7. Degree(s) Conferred
8. Honors and Awards
9. Major Field of Study
10. Past and Present Participation in Officially Recognized Sports and Activities
11. Heights and Weights of Members of Athletic Teams
12. Photographs
13. Previous Institutions Attended
14. Date and Place of Birth

2. Confidential Information, including but not limited to the following:

1. All information (except for Directory Information) contained in the application for admission or readmission. Letters of recommendation used to determine admission to Northwestern School of Law do not become part of the education record; those letters not marked confidential are returned to the student.

2. All records of test scores and/or results.

3. All transcripts of previous academic work.

4. Transcript at Lewis & Clark College, including course grades, grade point average, and advancement information.

5. All petitions requesting variance in established academic policy.

6. Graduation petition and evaluation.

7. Notices and/or reprimands for failure to meet academic policy and/or requirements of the Honor Code.

8. Rank in class (unless related to honors or awards).

9. All correspondence relevant to the academic records including letters of acceptance, receipts, academic performance, leave of absence, withdrawal, and the like.

10. Records of all authorizations to access or release information contained in the student education record.

11. Career Service Records, Educational Placement Records, and/or Career Planning Records.

3. Challenge of Contents

The student has a right to challenge the content of the education record. See the section on Correction of Education Records.

II. Access to Education Records

A. Student Access

A student has access to all education records, except for those listed below under Limitation on Right of Access, and has the right to personally view his or her education record within 45 days of the initial request.

Limitation on Right of Access

The institution will not permit a student to inspect the following records:

1. The financial statement of the student's parents.
2. Letters and statements of recommendations for which the student has waived his or her right of access, or which were maintained before January 1, 1975.
3. Records connected with an application to attend the institution or a component unit of the institution if that application was denied.
4. Those records which are excluded from the FERPA definition of education records

Provision of Copies

The institution reserves the right to deny copies of records, including transcripts, not required to be made available by FERPA in any of the following situations:

1. The student lives within commuting distance of the institution.
2. The student has an unpaid financial obligation to the institution.
3. There is an unresolved disciplinary action against the student.
4. The education record requested is an exam or set of standardized test questions.

Fees for Copies of Records

The fee for copies are set by the individual Registrars' offices.