Job Requests and Providing Student References
Policy 109
The Family Educational Rights and Privacy Act of 1974 restrict educational record information about students/graduates that can be provided by college staff. When Nicolet staff refers students to employers or give student references, the college can technically be considered an employment agency and must, therefore, abide by state and federal employment laws.
In addition to the College's liability, individual staff can be held liable if illegal or unauthorized information is released about a student or if all students are not offered a legitimate opportunity to apply for and compete for jobs offered through the College.
In order to avoid potential difficulties, staff should:
- Refer all routine job requests or announcements to the Internship/Placement Office. This will insure that job information will be distributed to students and graduates through appropriate postings. If an employer seeks information on a program's best students and that request is shared with only a few students, which is a violation of the law. All job requests and job openings must be made available to all students who meet the requirements of the job.
- Require students to provide a signed consent form prior to releasing any information about them for a reference. The written consent form must:
a. Specify what information will be disclosed.
b. State the purpose of the disclosure.
c. Identify the party or class of parties to whom the disclosure may be made.
- Do not release reference information about a student that is protected by the Wisconsin Fair Employment Act, even if the student gives written permission to release any and all information. All information provided to a prospective employer must be related to a business necessity and must be directly related to the job being filled.
- The Wisconsin Fair Employment Law prohibits any inquiry designed to obtain information regarding the following attributes:
a. Age
b. Race
c. Creed (religious affiliations or beliefs)
d. Color (pigmentation of person's skin)
e. Disability (includes having a physical or mental impairment, has a record of having such an impairment, is perceived as having an impairment, or is related to a person who has an impairment)
f. Marital status
g. Sex (includes pregnancy, parental status, and child care arrangements)
h. National origin (birthplace, culture, or linguistic characteristics common to a specific ethnic group, accent)
i. Ancestry
j. Sexual orientation (homosexual, heterosexual, bisexual)
k. Arrest record (person is considered innocent until convicted)
l. Conviction record (conviction record can be considered only when the conviction is substantially related to the specific duties of the job; example, it would be legal for an employer to refuse to hire a convicted child molester to work at a day care center)
m. Military membership (type of discharge or current member of Army Reserve, National Guard, or some other type of military service)
n. Use or non-use of lawful products off the employer's premises during non-working hours (off hours use of alcohol, tobacco, caffeine, etc.)
For further information on the Family Educational Rights and Privacy Act (FERPA), see Policy 106.
DATE ADOPTED: August 2001
DATE(S) REVISED:
DATE(S) REVIEWED: October 2004
Top of Page