Family Educational Rights and Privacy Act


For the purpose of this policy, Hutchinson Community College has used the following definitions of terms:

  1. College - In all subsequent instances, Hutchinson Community College and Area Vocational School is referred to as Hutchinson Community College or HutchCC
  2. Student - any person who attends or has attended HutchCC.
  3. Education Records - any record (in handwriting, print, tapes, film or other medium) maintained by HutchCC or an agent of the college which is directly related to a student, except the following:
    1. A personal record kept by a staff member, if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.
    2. An employment record of an individual whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual's employment.
    3. A record maintained by HutchCC, if the record is maintained solely for law enforcement purposes and is revealed only to law enforcement agencies of the same jurisdiction, and the unit does not have access to education records maintained by the college.
    4. Records maintained by the Student Health Clinic, if the records are used only for treatment of a student and made available only to those persons providing the treatment.
    5. Alumni records which contain information about a student after he or she is no longer in attendance at the college and which do not relate to the person as a student.

Annual Notification

Students will be notified of their rights under the Family Educational Rights and Privacy Act annually by publication in the college catalog.

Procedure to Inspect Education Records

Students may inspect and review their education records upon request to the appropriate record custodian. Students should request of the record custodian or an appropriate college staff person to make arrangements for access as promptly as possible for inspection of the records. Access to the record may be granted immediately if the student can verify his or her identity using acceptable identification (student i.d., driver's license). If it is not possible to view the record immediately, the student should submit to the record custodian or appropriate college staff person a written request which identifies as precisely as possible the record or records he or she wishes to inspect. Access must be given in 30 days or less from the receipt of the request.

Right of the College to Refuse Access

HutchCC reserves the right to refuse to permit a student to inspect the following records:

  1. The financial statement of the student's parents.
  2. Those records which are excluded from the Family Educational Rights and Privacy Act definition of education records.

Refusal to Provide Copies

HutchCC reserves the right to deny transcripts or copies of records not required to be made available by the Family Educational Rights and Privacy Act in any of the following situations:

  1. The student has an unpaid financial obligation to the college.
  2. The student has not submitted paperwork required by the institution to complete his or her educational file.

Fees for Copies of Records

The fee for copies of the student's educational records, excluding HutchCC transcripts, will be $.75 per page.

Disclosure of Educational Records

HutchCC will disclose information from a student's education records only with the written consent of the student, except the following:

  1. To officials of another institution in which the student seeks or intends to enroll.
  2. To school officials who have a legitimate educational interest in the records.

    A school official is one of the following:
    1. A person employed by the college in an administrative, supervisory, academic, research or support staff position.
    2. A person elected to the Board of Trustees.
    3. A person employed by or under contract to the college to perform a special task, such as an attorney or an auditor.

    A school official has a legitimate educational interest if the official is doing one of the following:
    1. Performing a task that is specified in his or her position description or by a contract agreement.
    2. Performing a task related to a student's education.
    3. Performing a task related to the discipline of a student.

  3. To certain officials of the U.S. Department of Education, the Comptroller General and state and local educational authorities in connection with certain state or federally supported educational programs.
  4. In connection with a student's financial aid, as necessary to determine the eligibility, amount or conditions of the financial aid or to enforce the terms and conditions of the aid.
  5. If required by a state law requiring disclosure that was adopted before Nov. 19, 1974.
  6. To organizations conducting certain studies for or on behalf of the college.
  7. To accrediting organizations to carry out their functions.
  8. To parents of an eligible student who claim the student as a dependent for income tax purposes.
  9. To comply with a judicial order or a lawfully issued subpoena.
  10. To appropriate parties in a health or safety emergency.
  11. To an alleged victim of any crime of violence of the results of any institutional disciplinary proceeding against the alleged perpetrator of that crime with respect to that crime.
  12. Hutchinson Community College will disclose grade and attendance information of secondary school students concurrently enrolled in both the secondary school and HutchCC, who have been given permission from their secondary school to attend Hutchinson Community College.

Record of Requests for Disclosure

HutchCC will maintain a record of requests for information from a student's education records for a period of six months for the following:

  1. Requests made by or disclosure was made to a party with written consent. Only the following requests and/or disclosures will become a permanent part of the student's education record:
  2. Disclosure to the parent (either custodial or non-custodial) of an eligible student.
  3. Disclosure in response to a lawfully issued court order or subpoena.
  4. Disclosure for external research where individual students have been identified.
  5. Disclosure in response to an emergency.

Directory Information

HutchCC has designated the following items as Directory Information:

  1. Student name.
  2. Date and place of birth.
  3. Major (curriculum of study).
  4. Participation in official school activities.
  5. Dates of attendance.
  6. Degrees and awards received.
  7. Class schedule.
  8. Previous educational institutions attended.
  9. Legal and local address mailing
  10. Photographs taken by the college.
  11. Hometown and high school
  12. Height and weight of athletes.
  13. HutchCC E-mail Address

The college may disclose any of the above items without prior written consent, unless the student has submitted a written request to the college's Privacy Officer asking to have directory information withheld.

Correction of Education Records

Students have the right to ask to have records corrected that they believe are inaccurate, misleading or in violation of their privacy rights. Following are the procedures for the correction of records:

  1. A student must ask the registrar to amend a record. In doing so, the student should identify the part of the records he or she wants changed and specify why he or she believes it is inaccurate, misleading or in violation of his or her privacy rights.
  2. HutchCC may comply with the request, or it may decide not to comply. If it decides not to comply, HutchCC will notify the student of the decision and advise him or her of his or her right to a hearing to challenge the information believed to inaccurate, misleading or in violation of the student's rights.
  3. Upon request, HutchCC will arrange for a hearing and notify the student of the date, place and time of the hearing.
  4. The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the institution. The student will be afforded a full and fair opportunity to present evidence relative to the issues raised in the original request to amend the student's education records. The student may be assisted by one or more individuals, including an attorney.
  5. HutchCC will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reason for the decision.
  6. If HutchCC decides that the challenged information is accurate, is not misleading or is not in violation of the student's right of privacy, it will notify the student that he or she has a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
  7. The statement will be maintained as part of the student's education records as long as the contest portion is maintained. If HutchCC discloses the contested portion of the record, it must also disclose the statement.
  8. If HutchCC decides that the information is inaccurate, misleading or in violation of the student's right of privacy, it will amend the record and notify the student in writing.

Filing a Complaint

A student may file a written complaint with the Department of Education regarding an alleged violation under the Family Educational Rights and Privacy Act at the following address:

  1. Family Policy Compliance Office
  2. U.S. Department of Education
  3. 400 Maryland Avenue, SW
  4. Washington D.C. 20202-4605

Types, Custodians, and Locations of Educational Records

  1. Admission Records
      1. - Director of Admissions Office
      2. - Parker Student Union - First Floor

  2. Cumulative Academic Records (Current students and students who withdrew or graduated after 1986)
    1. Registrar
      1. - Registrar's Office
      2. - Parker Student Union - First Floor and Lower Level

  3. Cumulative Academic Records (Former students who withdrew or graduated prior to 1986)
    1. Registrar
      1. - College Archives
      2. - Parker Student Union - Lower Level

  4. Financial Records
    1. Vice President of Finance
      1. - Business Office
      2. - Parker Student Union - First Floor

  5. Placement Records
    1. Director of Personnel
      1. - Personnel Office
      2. - Parker Student Union - First Floor

  6. Progress Records
    1. Instructor
      1. - Faculty Offices