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STUDENTS RIGHTS INFORMATION

Educational Rights and Privacy Act - (Buckley Amendment)

The Family Educational Rights and Privacy Act of 1974, as amended, establishes specific rights for students and/or their parents and prevents the release of certain information without the written consent of the student. Generally, this federal law gives students, former students, and alumni the right to review, in the presence of college personnel, their own personal records maintained by the college, including academic and financial records.

Parents of dependent students, as defined by the Internal Revenue Service, may have access to the college records of their dependent sons or daughters without student consent. Parents do not have the right to see records of children who are no longer dependent upon them.

At Broome Community College, the repository for student records is the Office of the Registrar (SS105). This Office is open weekdays from 9:00 a.m. to 4:30 p.m. during the academic year.

In keeping with the spirit of Section 438 of the Act, the Registrar has been appointed as Records Access Officer. The following procedures have been developed for the benefit of the student and eligible parent:

1. a. A student in attendance at Broome Community College shall, upon request, be able to view his/her educational records at the Office of the Registrar within 45 days of the date of said request. This request must be made in the Office of the Registrar.

b. A parent or guardian of a student in attendance at Broome Community College who claims a student as a dependent on his/her Federal Income Tax Form, shall, upon proper presentation of the dependency condition, be afforded the same rights as set forth in Paragraph 1a. Further, in cases of divorce, the school may give access to either parent (custodial or non-custodial) unless there is a court order, state statute or other legally binding document prohibiting such.

2. Access to personally identifiable information about a student without the consent of the student may be provided by the college to the following individuals or agencies only:

a. School officials and professional employees of Broome Community College who have a legitimate educational interest.

b. School officials of educational institutions to which a student might transfer.

c. Authorized state and federal government officials of educational and funding agencies.

d. Educational research agencies, with the provision that they release only non-personally identifiable data.

e. Accrediting organizations.

f. The U.S. Department of Defense under the Solomon Amendment.

3. Disclosure Without Approval of Student or Eligible Parent:

a. Upon receipt of a Judicial Subpoena of the records of a student, a reasonable attempt will be made to notify the student or the parent of the existence of the order of the subpoena in advance compliance therewith unless subpoena states otherwise.

b. In the event of an emergency involving the health or safety of a student, the Registrar may disclose information to Federal or State officials.

c. Directory Information -The name of the student, full time or part-time status, dates of attendance, BCC email address, and degree earned and date of graduation will constitute the total amount of information given to any individual making inquiry at Broome Community College, unless the student or eligible parent refuses to permit the disclosure. The student or eligible parent must notify the Registrar within two weeks of the beginning of semester classes that such personally identifiable information is not to be designated as directory information with respect to that student.

4. Broome Community College shall, on request, provide an opportunity for a hearing in order to challenge the content of a student's education records to insure that information in the education records of the student is not inaccurate, misleading, or otherwise in violation of the rights of privacy or other rights of students. The request for a hearing will be directed to the Registrar.

 

Each year five students and five faculty should be selected by the Student Government Association and the Academic Standards Committee respectively. The students and faculty should be rotated and assigned to each hearing by the Academic Standards committee in such a manner as to avoid charges of conflict of interest and bias by the student and/or the faculty member(s) involved in the grievance. The materials and recommendation must be forwarded within one calendar week of the Step 3 meeting.

The principals involved in the grievance, namely the student and the faculty member(s) involved, shall have the right to review the membership of the Committee and request in writing the replacement of any individual. If there is a request for the replacement of more than one individual by either party, this is to be reviewed by the Vice President for Academic Affairs who may approve or deny such a request in writing, within one calendar week of the receipt of the request.

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