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Right To Privacy

The Family Educational Rights and Privacy Act (FERPA) of 1974 is a federal law that was enacted to protect the privacy of students and their educational records. The intent of the legislation is to protect the rights of students and to ensure the privacy and accuracy of "educational information." Educational Information refers to any record maintained by an educational institution, including files, documents, and materials of any type which contain information directly related to students, and which allows a student to be identified.

**What is not considered Educational Information?**

Sole possession records or private notes held by educational personnel which are not accessible or released to other personnel
Law enforcement or campus security records which are solely for the law enforcement purposes
Records related to individuals who are employed by the college
Records related to treatment provided by a physician, psychiatrist, psychologist or other recognized professional
Records of the college which contain only information about an individual obtained after that person is no longer a student at the college (i.e., alumni records)

Who is protected under FERPA?

Students who are protected under FERPA are those students who are currently enrolled or formerly enrolled, regardless of their age or status in regard to parental dependency. Students who have applied but have not attended the college, and deceased students do not fall under FERPA guidelines.

Student's rights under FERPA

Eligible students have the right to inspect and review their educational records within 45 days of the day Virginia Western receives a request for access. The eligible student should submit the request to the Registrar and identify the record(s) they wish to inspect. The Registrar will make arrangements for access and will notify the student of the time/place where the records may be inspected.

An eligible student may also ask the college to amend a record believed to be inaccurate or misleading. If the school decides to not amend the record, the parent or student then has a right to a formal hearing. If, after the hearing, the school still chooses to not amend the record, the eligible student has the right to place a statement with the record commenting on the contested information.

Lastly, a student may formally request that VWCC not release Directory Information on their behalf. This request must be submitted to the Registrar. When this request is made, a notation will be flagged in the VWCC Student Information System and every reasonable effort will be made to safeguard the confidentiality of such information. In addition, once this request has been made, the student will not be allowed to request a transcript via the Web in the college's student information system, nor will the college provide employement (or other) authorizations for the student. If the student wishes for this information to be released, he/she will be required to submit written authorization, with proof of identify, to the college Records Office prior to releasing a transcript or other information.

When is a student's consent not required?

There are several exceptions to releasing information without a student's written approval. Some examples are:

School officials with legitimate educational interests. A school official is a person employed by Virginia Western in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom Virginia Western has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Note: VWCC teachers and other school officials have legitimate educational interests in students' education records to conduct educational research.
In connection with Financial Aid
Other schools to which a student is seeking to transfer/enroll
Parents of a dependent student, as defined by the IRS. The college may release a student's records upon request, but the parent must submit proof of the student's dependency (via most recent federal tax form) prior to receiving the requested information
Individuals who have obtained court orders or legally issued subpoenas
Certain government officials in order to carry out lawful functions
State and local authorities within a juvenile justice system, pursuant to specific State law
Health and safety emergencies
Accrediting organizations or organizations conducting studies for VWCC

Directory Information

Under FERPA guidelines, a student's record may not be disclosed without written authorization unless the requested information falls under the category of "Directory Information." VWCC may disclose information on a student without violating FERPA if it has designated that information as Directory Information. The following information has been classified as Directory Information by VWCC and may be disclosed without a student's written authorization:

Student name
Address or email address
Telephone number
Dates of attendance
Major field of study
Number of credit hours enrolled
Grade level
Degrees received
Awards and honors
Participation in clubs and activities
Weight/height of members of athletic teams
Most recent educational institution

Please Note: The college reserves the right to publish the names of students who receive academic honors.

You have the right to request that any or all of your directory information not be released by Virginia Western. You may contact the Registrar with a written and signed notice not later than 2 weeks of beginning of the semester to withhold the release of any directory information you specify. This request is in effect until you provide written notice to the contrary. It is Virginia Western’s policy not to publish a student directory.

You have the right to file a complaint with the U.S. Department of Education concerning alleged failures by Virginia Western to comply with the requirements of FERPA. You may also call 202-260-3887 or TDD202-260-8956 or visit http://www.ed.gov/offices/om/ferpa.html.

Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue. S.W.
Washington, D.C. 20202-4605

For additional information, technical assistance, questions, concerns, or you wish to file a complaint please contact:

Records Office, Chapman Hall (C107)
540-857-7236.