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Student’s Rights of Privacy and Access to Records, FERPA, and FTC Gramm-Leach-Bliley Financial Privacy Act
Westminster Seminary California, in accordance with the Family
Educational Rights and Privacy Act (FERPA) of 1974, as amended, has
adopted this Policy on Disclosure of Student Records to address the
following issues: (1) disclosure of directory information; (2)
confidentiality of personally identifiable information; and (3)
student rights to inspect, review and seek amendment of their
records.
Disclosure of Directory Information
Information concerning the following items about individual students
is designated by the Seminary as directory information and may be
released or published without the student’s consent: full name;
address (local, home or electronic mail); telephone number;
photograph; date and place of birth; program of study; dates of
attendance; degrees and awards received; most recent previous
educational institution attended; participation in officially
recognized Seminary activities. Students who do not wish directory
information to be released or made public must inform the
Registrar’s Office, in writing, at the time the information is
originally sought.
Confidentiality of Personally Identifiable Information
All personally identifiable information contained in student records
other than directory information is considered confidential
information. This information includes, but is not necessarily
limited to: academic evaluations; general counseling and advising
records; disciplinary records; financial aid records; letters of
recommendation; academic references; medical or health records;
clinical counseling and psychiatric records; transcripts, test
scores, field evaluations on internships or field work undertaken as
part of a Seminary program, and other academic records. “Personally
identifiable information” means that the information includes: (a)
the name of the student; (b) the address of the student; (c) a
personal identifier such as social security number; or (d) a list of
personal characteristics or other information that would make the
student’s identity easily traceable.
The Seminary will generally not disclose personally identifiable
information to third parties without the written consent of the
student. The consent should specify the records to be disclosed, the
purpose of the disclosure, and to whom the records are to be
disclosed. However, personally identifiable information may be
disclosed, without the student’s consent, to the following
individuals or institutions, or in the following circumstances:
- Seminary officials (or office personnel ancillary to the
officials) who require access for legitimate educational purposes
such as academic, disciplinary, health or safety matters. Seminary
officials may include, without limitation, the President, Deans,
Department Chairs, Faculty Members, the Seminary’s legal counsel,
Judicial Officers, Counselors, and the Admissions Committee.
Seminary officials also include individuals employed by or under
contract to the Seminary to perform a special task, such as an
attorney or auditor, and individuals acting as official agents of
the Seminary who are performing a service on behalf of the Seminary.
- Officials of other educational institutions to which the student
seeks or intends to enroll (on condition that the student upon
request is entitled to a copy of such records.
- Appropriate federal, state or local officials or authorities,
consistent with federal regulations.
- Organizations conducting studies for, or on behalf of, educational
agencies or institutions.
- Accrediting organizations to carry out their accrediting
functions.
- Parents of a dependent student as defined in Section 152 of the
Internal Revenue Code of 1986 (provided that the Seminary must take
reasonable steps to assure itself of the parent’s right to claim the
student as a dependent).
- Parents or guardians of a student, where the information pertains
to violations of any federal, state or local law or of any Seminary
rule or policy governing the use or possession of alcohol or a
controlled substance, and the student has committed a disciplinary
violation.
- In connection with the student’s application for, or receipt of
financial aid.
- To comply with a judicial order or lawfully issued subpoena (on
condition that a reasonable effort is made to notify the student of
the order or subpoena, if legally permitted to do so).
- In case of an emergency, to protect the health or safety of
students or
other individuals.
The Seminary will inform a party to whom a disclosure of personally
identifiable information is made that it is made only on the
condition that such party will not disclose the information to any
other party without the prior written consent of the student. An
exception to this is in the case of mandatory disclosure to comply
with a judicial order or lawfully issued subpoena.
Inspection and Review Rights; Rights to a Hearing
A currently or previously enrolled student has the right to inspect
and review his or her education records. This right does not extend
to applicants, those denied admission, or those admitted who do not
enroll. Officials may require that requests for access be submitted
in writing, and may ask for, but not require, the reason for the
request. The Seminary will comply with requests to inspect and
review a student’s records that it has determined to honor within a
reasonable period of time, but in no case more than forty-five days
after the request was made.
Records to which students are not entitled to access, include:
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Confidential letters and statements of recommendation placed in a
student’s record before January 1, 1975, or confidential letters and
statements of recommendation to which students have waived their
rights of access.
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Employment records of students as Seminary employees.
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Records that are made or maintained by a physician, psychiatrist,
psychologist, pastor, or other recognized professional or
paraprofessional acting in his or her professional capacity or
assisting in his or her para-professional capacity, and that are
made, maintained, or used only in connection with treatment of the
student and are not disclosed to anyone other than the individuals
providing the treatment. These records may be reviewed, however, by
a physician or other appropriate professional of the student’s
choice.
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Financial records of the parents of the student or any information
contained in those records.
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Records of instructional, supervisory, and administrative
personnel and educational personnel ancillary to those persons, that
are in the sole possession of the maker of the record and are not
accessible or revealed to any other individual except a temporary
substitute for the maker.
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Institutional records of students which may be maintained by the
Seminary in a computer printout or similar format (so long as this
computerized information is not intended to be distributed outside
the Seminary), as long as the original source of computer
information is available in the office or department
having original jurisdiction for the records.
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Records that only contain information about a person after that
person was no longer a student at the Seminary (e.g., information
collected by the Seminary pertaining to accomplishments of its
alumni).
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Those portions of a student’s records that contain information on
other students. Students may be invited but not required to waive
their right of access to confidential letters of recommendation for
admission, academic references, honors or awards, or employment.
Failure to execute a waiver will not affect a student’s admission,
receipt of financial aid, or other Seminary services. If a student
signs a waiver, he/she may request a list of all persons making
confidential recommendations.
A student who believes that any information contained in his or her
education records is inaccurate or misleading, or otherwise in
violation of his or her privacy rights, may request that the
Seminary amend the records. The student should first discuss his or
her concerns with the individual responsible for the office where
the records are maintained. If the student is not satisfied with the
resolution, the student should contact the individual to whom that
person reports. If still not satisfied, the student may contact the
appropriate vice president or designee. The final level of appeal is
a formal hearing. To obtain a hearing, the student should file a
written request with the Registrar. The hearing will be conducted in
accordance with the requirements of FERPA.
The substantive judgment of a faculty member about a student’s work
(grades or other evaluations of work assigned) is not within the
scope of a FERPA hearing. A student may challenge the factual and
objective elements of the content of student records, but not the
qualitative and subjective elements of grading.
If as a result of a hearing the Seminary determines that a student’s
challenge is without merit, the student will have the right, and
will be so informed, to place in his or her records a statement
setting forth any reasons for disagreeing with the Seminary’s
decision.
Students have a right to file complaints concerning alleged failures
by the Seminary to comply with the requirements of FERPA and the
implementing regulations. Complaints should be addressed to the
Family Policy Compliance Office, U.S. Department of Education, 400
Maryland Avenue, S.W., Washington DC 20202-4605. Students are
encouraged to bring any complaints regarding the implementation of
this policy to the attention of the Registrar.
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