Family Educational Rights and Privacy Act of 1974 (FERPA)
Annually, Oconee Fall Line Technical College shall inform its students about the Family Educational Rights and Privacy Act of 1974. This Act was designed to protect the privacy of educational records, and to establish the right of students to inspect and review their non-privileged educational records. The Act also provides guidelines for the correction of inaccurate or misleading data through informal and formal hearings. Students have the right to file complaints with the Family Policy Compliance Office, U.S. Department of Education, concerning alleged failures by the institution to comply with the Act. Oconee Fall Line Technical College shall also provide a mechanism whereby students may file informal complaints within the college.
This procedure applies to students who are or who have formerly been enrolled at Oconee Fall Line Technical College.
Education records include any records (in handwriting, print, tapes, film, computer, or other medium) maintained by Oconee Fall Line Technical College or the Technical College System of Georgia (TCSG) that are directly related to a student except:
- A personal record kept by a faculty or staff member if it is kept in the sole possession of the maker of the record, is not accessible or revealed to any other person except a temporary substitute for the maker of the record, and is not used for purposes other than a memory or reference tool. Records that contain information taken directly from a student or that are used to make decisions about the student are not covered by this exception.
- Records created and maintained by Oconee Fall Line Technical College Law Enforcement Unit for law enforcement purposes.
- An employment record of an individual whose employment is not contingent on the fact that he or she is a student.
- 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.
- Alumni records that contain information about a student after he or she is no longer in attendance at the college and which do not relate to the person as a student.
Student Access to Records
Students may review their official academic record, disciplinary record, and financial aid record with the following exceptions:
- Any and all documents written or solicited prior to January 1, 1975, on the presumption that they were intended to remain confidential and privileged.
- Any and all documents to which access has been waived by the student.
- Any and all records which are excluded from the Family Educational Rights and Privacy Act definition of educational records.
- Any and all financial data and income tax forms submitted in confidence by the student’s parents in connection with an application for, or receipt of, financial aid.
- Any and all records connected with an application to attend STC, HGTC, or OFTC if the applicant never enrolled.
- Those records that contain information on more than one student. The requesting student has the right to view only those portions of the record that pertain to his or her own educational records.
- All requests shall be granted as soon as practicable, but in no event later than 45 days after the date of request. No documents or files may be altered or removed once a request has been filed. A student may receive a copy of any and all records to which he or she has lawful access upon payment of any copying charge established by TCSG or Oconee Fall Line Technical College except when a hold has been placed on his or her record pending the payment of debts owed Oconee Fall Line Technical College, or when he or she requests a copy of a transcript, the original of which is held elsewhere.
Hearings to Challenge Accuracy of Records
If, upon inspection and review of his or her record, the student believes that the record is inaccurate, misleading or otherwise in violation of his or her privacy rights, he or she may ask that the record be changed or may insert a statement in the file.
Should the request for a change be denied, the student will be notified of the college’s decision and advised of the right to a hearing to challenge the information believed to be inaccurate, misleading or in violation of the student’s privacy rights. The student has 30 days to appeal the decision to the vice president of student affairs and ask for a hearing.
On behalf of academic/student affairs, either the vice president of student affairs or another appointed hearing officer shall conduct a hearing at which the student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. The student may be assisted by one or more individuals, including an attorney. The hearing officer will consider only challenges to the accuracy of the records. Hence, if a grade has allegedly been incorrectly recorded on a student’s transcript, the accuracy of the record may be challenged.
The hearing officer shall prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision. The decision of the hearing officer shall be final, save for any review that may be granted by the president of OFTC.
If OFTC decides that the challenged information is not inaccurate, misleading or in violation of the student’s right of privacy, it will notify the student of the right to place in the record a statement commenting on the challenged information and a statement setting forth reasons for disagreeing with the decision. Such a statement shall become a part of the information contained in the education record and will be disclosed with it.
A student may make a specific waiver of access to evaluations solicited and/or received under condition of confidentiality.