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FERPA & Confidentiality of Educational Records

Family Educational Rights and Privacy Act of 1974

The Family Educational Rights and Privacy Act of 1974 (commonly known as FERPA, aka the Buckley Amendment) pertains to student education records maintained by institutions of higher education, including Saint Michael’s College. The act affords students certain rights with respect to their educational records, including the right to access those records. At the same time, FERPA protects the students’ rights to privacy by limiting access to their records without their consent. The following guidelines are in place to assist members of the Saint Michael’s community in understanding the provisions of the act as they apply to Saint Michael’s College.

College Policy on Student Access to Educational Records

Education records are records directly related to a student and that are maintained by the College, including grades, transcripts, rosters, schedules, student financial information, student employment information, and student discipline files.

Records not covered by FERPA include any record received prior to January 1, 1975, financial records of parents, private notes of faculty and administrative officers, public safety/law enforcement records, and health/medical records.

All current and former students have access to their educational records upon written request to the applicable office. Each office will comply with all requests within a reasonable length of time, but not later than 45 days from the date of receipt of the written request.

College Policy on Release of Confidential Records

Saint Michael’s College will not release any education records without a written or electronic release. Exceptions to this policy are as follows:

  1. School official has legitimate educational interest.

  2. Knowledge of such information is necessary to protect the health/safety of the student or other individuals.

  3. Information may be provided to parents/guardians regarding student use or possession of alcohol or a controlled substance if the college has determined that the student has committed a disciplinary violation.

  4. Compliance with a judicial order or subpoena.

  5. Request is from authorized representatives of government entities (e.g. SEVIS, Solomon Amendment).

Students who wish to give a blanket authorization for the College to share education records with parents, legal guardians or other designated persons may file a form with the Registrar’s Office.

Directory Information

FERPA allows institutions to classify part of the education record as “directory information”, which may be disclosed without the student’s written consent. If a student does not want this information publicized, the student must request directory exclusion in writing on an annual basis. Saint Michael’s College considers the following to be Directory Information:

Name

Class

Degrees (Including Dates)

Address

Enrollment Status

Previous School Attendance

Telephone Number

Major and/or Minor

Participation in Sports & Activities

Email Address

Honors & Awards (Including Dean’s List)

Height/Weight (Athletic Team Members Only)

Place of Birth

Dates of Attendance


Hearings

Students may challenge any educational record that they feel to be inaccurate, misleading, or a violation of privacy. This policy does not apply to grades. Students wishing to challenge a grade should follow the steps outlined in the College's Grade Appeal Policy.

When a student challenges information in a education record, every effort shall be made to resolve the issue with between involved parties and offices. If this is not possible, the student must submit a written statement to the institution’s FERPA coordinator outlining the alleged inaccurate, misleading or inappropriate data or statement contained in the record. The coordinator will appoint an impartial college official who will conduct a hearing within 45 days of receipt of the written statement. The impartial hearing officer will render a decision and communicate it writing to the student and all other involved parties. The student may appeal the decision to the President of Saint Michael’s College. The President’s decision on the matter is final.

The above policy statement is subject to amendment with approval by the Board of Trustees.

Saint Michael’s is accredited by the New England Commission of Higher Education. The College is a member of the College Board, Vermont Higher Education Council, Association of Vermont Independent Colleges, Association of Catholic Colleges and Universities, Vermont Campus Compact, and Association of Governing Boards of Universities and Colleges.

Saint Michael’s College is committed to equal opportunity. It does not discriminate against students, employees, or applicants for admission or employment, on the basis of race, color, gender, age, national origin, ethnicity, religion, disability, sexual orientation, gender identity, or physical characteristics.

The provisions of this catalog are not to be regarded as an irrevocable contract between the student and the College. The College reserves the right to change its policies without prior notice.

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