1. The purpose of this Rule is to protect the rights of students and their parents or guardians with respect to student records created, maintained and used by the College.


2. Definitions:
   
   
   1. “Records” means any and all official records, files and data directly related to students which are created, maintained and used by the College, including all material that is incorporated into each student’s permanent record and intended for College use or to be available to parties outside the College for legitimate educational or research purposes. However, the term “records” shall not include Directory Information.
   
   
   2. By law, the College is authorized to release directory information without the student's consent.
      
      "Directory Information" shall include
      
      
      1. Names and dates of attendance of students
      2. Names of recipients of degrees conferred or to be conferred
      3. Names of recipients of honors or special awards
      4. Weight and height of athletic team members
      5. Student addresses for use by the College's Foundation and Alumni Association upon review by the President's Cabinet and the approval of the President
      6. Student addresses, of students who have applied for graduation, may be provided to Florida public universities and independent colleges and universities of Florida
      7. Student addresses upon the request of a local, State of Federal law enforcement agency
      8. See IV.C.6 for additional information related to armed forces.
      
      
      
3. Student's Request for Non Release of Directory Information
   A student may request in writing that all or a portion of such directory information not be released. Such requests must be made prior to the end of the 3rd week after the beginning of classes for any session and shall be effective for 1 academic year and shall become a part of the student’s records. Said written request should be made to student’s campus associate provost or designee.



4. Rights of Students, Parents and Guardians
   The rights involved in student records (e.g., right of access and right of privacy) are normally the rights of the student only. If the parent or guardian of the student meets the support test of Section 152 of the Internal Revenue Code and claims the student as a dependent, the parent or guardian will also have these rights.
   
   When a parent or guardian seeks access to student records and claims that a student is a dependent and is unable to obtain the student’s voluntary consent to the release of the records, the parent or guardian must establish dependency by providing a copy of the most recent federal income tax return, which must show that the student is claimed as a dependent. Upon receipt of the tax return, the associate provost or designee will notify the student of the student’s right to contest the dependency issue within 10 calendar days. In the absence of a contest by the student the records may be released to the parent or guardian.
   
   In the event of a contested issue of the dependency, the associate provost or designee will make a decision and such decision may be appealed to the President.
   
   
   1. Right of Access
      
      
      1. A student has the right, upon request directed to the College Registrar, to be provided with a list of the types of records, directly relating to the student, maintained by the College and with a copy of this Rule.
      
      
      2. A student has the right, upon request, to be shown any record relating to the student maintained by the College. The student's request shall be granted within 30 days after receipt of such request.
      
      
      
   2. Right to Challenge and Hearing
      
      A student has the right to challenge the content of any report to which the student is granted access under this Rule, in order to insure that the record is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student and to provide an opportunity for the correction of inappropriate information.
      
      
      1. Any challenge to a student record shall be considered a student grievance and shall be handled in accordance with Board of Trustees' Rule 6Hx23-4.36.
      
      
      2. A student who feels that the decision rendered through the general grievance resolution is unacceptable, may submit explanatory statements for inclusion in the student's records.
      
      
      
   3. Right of Privacy
      
      1. A student has right of privacy with respect to the records maintained by the College on the student. The College shall not permit the release of personally identifiable records of a student, other than directory information, without the written consent of the student, to any individual, agency or organization, except the following:
         
         1. Officials of other educational institutions in which the student seeks to enroll.
         2. In connection with a student's application for, or receipt of, financial aid.
         3. Accrediting organizations, in order to carry out their accrediting functions.
         4. Individuals or organizations conducting studies for the College for the purpose of developing, validating or administering predictive tests, administering student aid programs or improving instruction, if such studies do not permit the personal identification of students and if such information is destroyed after its use.
         5. In an emergency, if necessary to protect the health or safety of the student or other persons.
         6. In compliance with a judicial order from a court of competent jurisdiction or to the attorney of record pursuant to a lawfully issued subpoena, upon the condition that notification is sent to the student's last known address of the order or subpoena in advance of compliance therewith.
         7. The State Auditor General in connection with his/her official functions.
         8. Other Federal, state and local government officials as required by law.
         
         
      2. All requests for release of information from the records of a student shall be incorporated into the student's records.
      
      
      3. All information transferred to a third party under a-h above will bear the following statement:
         "The attached information has been forwarded to you with the understanding that it will not be released to other parties. The Family Educational Rights and Privacy Act (FERPA) of 1974 prohibits release of this information without the student's written consent. Please return this material to us if you are unable to comply with this condition of release."
      
      
      4. College employees shall have access to all student records for legitimate education purposes.
      
      
      5. Directory information may be released to the general public, upon request, unless a student has requested in writing that such information not be released. Any such request must be made prior to the end of the 3rd week after the beginning of classes for any session, shall be effective for 1 academic year and shall become a part of the student's records.
      
      
      6. In addition to directory information, the United States armed forces may be furnished with the dates and places of birth, addresses, telephone listings, levels of education, prior military experience, major fields of study, most previous educational institution enrollment, and degrees and awards of students and former students.