Nicolet Area Technical College policy on privacy of records and releasing of information follows the directives outlined in the Family Education Rights and Privacy Act (FERPA), the federal law governing the protection of educational records. Registered students will be notified of this policy on an annual basis. Others can find the policy in the Nicolet College catalog or may obtain a copy of the policy upon request from the College Services Office in the University Transfer Center.
Personally identifiable information will not be released from an education record without the prior, written consent of the student unless an exception has been granted by FERPA (see exception section below).
FERPA affords students certain rights with respect to their education records. They are:
Students should present to the Registrar, appropriate Vice President or head of academic department, or other appropriate college official, signed, written requests that identify the record(s) they wish to inspect. The college official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the college official to whom the request was submitted, that official shall advise the student of the official to whom the request should be addressed. At the time of viewing, the student will present some form of picture identification, such as a valid driver's license, before being allowed to view the record.
Students may ask the college to amend a record that they believe is inaccurate or misleading. They should write the college official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
If the college decides not to amend the record as requested by the student, the college will notify the student of the decision and advise the student of his or her right to grieve the decision through the college Grievance Process. Information on the grievance process can be obtained at the College Services Office in the University Transfer Center.
Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue, SW
Washington, D.C. 20202-4605
Under certain conditions, as authorized by FERPA, information can be released without student consent. They are:
Directory Information: The use of the term Directory Information does not imply that the college actually has a document containing Student Directory Information, or that the college has any obligation to produce such a document. The term Directory Information is a legal term applying to that information that the college can release, without student consent, to any third party.
The college has defined Directory Information as the following:
Student Name
Full-time or part-time status
Major field of study
Dates of attendance
Degrees and awards received
Photos and videos of students for use in college press releases, publications, and WEB sites
Nicolet College assigned student email accounts
Students have the right to restrict the disclosure of Directory Information. To restrict the disclosure of Directory Information, a student may file a written request with the Records and Registration Office or College Services Office. This request to restrict disclosure of Directory Information will be honored until such time as the student notifies the Records and Registration Office or College Services, in writing, to the contrary.
U.S. Military: According to federal law, the college must release to the U.S. Armed Forces the student's name, address, phone number, date of birth, and field of study.
Authorized Federal, State, and Local Authorities: Student authorization is not required for disclosure to an authorized representative of the following individuals or entities:
Other Institutions: Information can be released to other schools to which a student seeks or intends to enroll.
Emergency Situations: Information can be released to law enforcement personnel, emergency personnel, and college officials in an emergency in order to protect the health or safety of students or other persons.
Legitimate Educational Interest: Officials of the college who are determined by the college to have a legitimate educational interest may have access to student records without obtaining consent from the student.
Officials of the college are defined as:
An official has a legitimate educational interest if they need to:
Judicial Order: Information must be released to comply with a judicial order or lawfully issued subpoena. However, the college will make a reasonable effort to notify the student of the order or subpoena in advance of compliance, so that the student may seek protective action. However, if the court (or other issuing agency) has ordered that the existence or the contents of the subpoena or judicial order not be disclosed, the college will comply and notification to the student will be withheld.
Grievance Hearing: Information about a student or students involved in a grievance investigation or grievance hearing may be released to members of the grievance committee, including any students assigned to that committee, if such information is germane to the investigation or hearing.
Disciplinary Hearing: The results of a disciplinary hearing may be released to an alleged victim of a crime of violence without the permission of the accused.
Nicolet College Foundation: Student names and addresses may be released to the Nicolet College Foundation for foundation-related activities. The Foundation is considered part of the college and will hold such information confidential; using the information only in specific activities intended to aid and support the college. Release of such information to the Foundation will be made only with the approval of the college President or his/her designee.
U.S. Patriot Act: The college must release, without consent or knowledge of the student, personally identifiable information from the student's education record to the Attorney General of the United States or his/her designee in connection with the investigation or prosecution of terrorism crimes specified in sections 233b(g)(5)(B) and 2331 of Title 18, U.S. Code.
Written Release: Personnel employed by the college who have consent in the form of a written release of information, signed by the student, may disclose student information to appropriate outside agencies or persons.
Note: A record of disclosure will be maintained within a student's file indicating when information has been released from that file and to whom. Also, a fee of five dollars may be assessed for the copying of all or a portion of a student record.
DATE ADOPTED: March 1, 1995
DATE(S) REVISED: August 17, 1999 September 2005
July 2001 December 2005
January 2004 February 2006
DATE(S) REVIEWED: