Responsible Executive: Executive Vice President for Student Success; Executive Director of Organizational Culture and Enrichment
I. PURPOSE
The education records of current and former students at Motlow State Community College (Motlow State) are maintained as confidential records pursuant to The Family Educational Rights and Privacy Act (FERPA) of 1974 as amended. Students have the right of access to their own education records as hereinafter set forth, and personally identifiable education records of students are not released to persons, agencies, or organizations without the consent of the student unless release is authorized by law and by Motlow State. This policy defines such student records and their allowed release, as set forth by this policy and the Tennessee Board of Regents (TBR) Policy 3.02.03.00.
II. DEFINITIONS
- Student Educational Record – Any information provided by a student to Motlow State for use in the educational process is considered a “student educational record.” This includes personally identifiable information, enrollment records, grades, and class schedules. Educational records may include examples such as a document in the registrar’s office; a computer printout in an office; a class list; student information on your computer screen; and notes taken during student advisement sessions.
- Directory Information – As defined by the United States Department of Education and
FERPA, Directory Information means information contained in an educational record
of a student that would not generally be considered harmful or an invasion of privacy
if disclosed. This includes, but is not limited to, the following:
- The student’s name; address; email address; telephone number; photograph; date and place of birth; class schedule; enrollment status (e.g., undergraduate, full-time/part-time status); major or field of study; grade level; participation in officially recognized activities and sports; weight and height of athletic team members; dates of attendance; most recent previous educational institution attended; and degrees/awards received by the student.
III. STUDENT RIGHTS
- Directory Information
- At the time a student registers for courses, the student may request in writing that any or all directory information concerning the student not be released as public information.
- This request shall be made each semester to remain in effect.
- If the student does not wish directory information to be released, the student’s name will not appear in public listings released by Motlow State such as Dean’s list, Honor Roll list, or Graduation list.
- A student’s right to access their education records includes the right to inspect and review content of such records.
- A request by a student for access to their education records should be directed to the Dean of Students and will be granted within a reasonable period of time not to exceed 45 days after the request has been made.
- The student has the right to seek amendment of the records that the student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights.
- If the student wishes to file a complaint alleging a violation of FERPA related to
their academic record within Motlow State, they should fill out the complaint form
located on the Just Report It page. The report will be directed to the following individual tasked with responding
to FERPA complaints:
Barbara Scales
Executive Director of Organizational Culture and Enrichment
5006 Motlow College Blvd.
Smyrna, TN 37167
[email protected] - The student also has the right to file a complaint with the U.S. Department of Education
concerning alleged failures by Motlow State to comply with the requirements of FERPA.
The name and address of the office that administers FERPA is:
Family Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520 - Any student who believes that information contained in the education records is inaccurate or misleading or violates the privacy rights of the student may request that the records be amended.
- After a reasonable period of time, if Motlow State decides to refuse to amend the education records, the student shall be informed in writing and shall be advised by the Dean of Students of their right to a hearing and the procedures for the hearing.
- Following a hearing, if Motlow State decides that the records should not be amended, the student shall have the right to place a written statement in the records concerning the contested information; this statement shall be maintained by Motlow State as long as the contested information is maintained and which shall be disclosed to any party to whom the contested information is disclosed.
- Students will be notified of their rights related to this policy, as well as FERPA, during their orientation into Motlow State. They will also receive information related to their rights (found in Section III of this policy) during the beginning of the Fall and Spring semesters while enrolled at Motlow State.
IV. RELEASE OF INFORMATION TO OTHERS
- Information concerning education records which is personally identifiable with a particular
student, other than directory information shall not be released to persons, agencies,
or organizations other than those hereinafter described unless:
- There is written consent from the student specifying the records to be released, the reason for the release, and to whom the information is to be released, with a copy to the student if requested; or
- Such information is furnished in compliance with a judicial order or subpoena, provided that advance notice of the receipt of the order or subpoena shall be provided to the student prior to compliance, if possible. Personally identifiable education records may be released to other school officials of the institution, including members of the faculty who have legitimate educational interest.
- In addition, such information may be released to the following described persons,
agencies, and organizations:
- Motlow State officials – A Motlow State official is a person employed by Motlow State in an administrative, supervisory, academic, or support staff position; a person or company with whom Motlow State has contracted (such as an attorney, auditor, or collection agency); a person serving on staff at the TBR; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another Motlow State official in performing their tasks. A Motlow State official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibility;
- Officials of other schools in which the student seeks or intends to enroll;
- Auditors or evaluators of compliance with educational programs, including accrediting agencies;
- Those involved in connection with a student’s application for receipt of financial aid;
- Organizations conducting studies on behalf of the institution;
- Appropriate persons in connection with an emergency if such knowledge is necessary to protect the health or safety of a student or other person;
- Law enforcement officials in compliance with a judicial order or subpoena;
- Officials serving the student in the juvenile justice system;
- Directory information;
- Disclosure to an alleged victim of any crime of violence, as that term is defined in Section 16 of Title 18, United States Code, of the results of any disciplinary proceeding conducted by Motlow State against the alleged perpetrator of the crime with respect to that crime; and
- Disclosure related to the Patriot Act – An ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.
- A record of access shall be maintained by Motlow State reflecting all individual agencies or organizations having requested or obtained access to a student’s education records and specifying the legitimate interest of the party obtaining the information. This record will be kept in the Motlow State Admissions & Records office, and shall be available to the student.
SOURCES
CORRESPONDING POLICY
HISTORY
Leadership Council Approved: November 10, 2008
Revised: editorial updates December 21, 2016; November 29, 2022
Institutional Oversight Committee Approved: August 4, 2023
President’s Cabinet Approved: August 14, 2023
Effective Date/Approved: November 10, 2008; August 14, 2023
Sources
History
Leadership Council Approved: November 10, 2008
Effective Date/Approved: November 10, 2008
Revised: editorial updated December 21, 2016