Disclosure of Education Records
to a Third Party
Education Records or other Personally Identifiable Information (other than Directory Information) may not be disclosed without the student's prior written consent except in the following instances:
- To the student himself/herself, unless he/she has waived the right;
- To College officials who have a legitimate educational interest in the records;
- To officials of other schools in which the student seeks or intends to enroll or has enrolled, as long as the disclosure is for purposes related to the student's enrollment or transfer, and provided the student may upon request have a copy of the records so transferred;
- In connection with determining eligibility, amounts, and conditions, or enforcing terms of financial aid for which the student has applied or that which he or she has received;
- To comply with a judicial order or lawfully issued subpoena, provided the College makes a reasonable effort to notify the student of the order or subpoena in advance of the compliance therewith, unless such notification is not required by FERPA;
- To appropriate parties in connection with a health and safety emergency where the College determines that there is a significant threat to a student or any other individuals, where the knowledge of such information is necessary to protect the health or safety of the student or other individuals;
- To law enforcement agencies and to certain other governmental authorities as permitted by FERPA;
- When the student and College are engaged in litigation, the College may disclose to the court, education records that are relevant to the litigation;
- To the parents of an eligible student if the student is a dependent (exemption) for IRS tax purposes. For purposes of FERPA, all students enrolled in the College shall be deemed independent of their parents. Any parent may challenge this assumption by presentation of evidence that such student does qualify as a dependent (exemption) for IRS tax purposes.
- To the parents of a eligible student, under the age of 21, if the College has determined that the student has committed a disciplinary violation relating to alcohol or a controlled substance;
- To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, such disclosure may only include the final results of the disciplinary proceedings conducted by the College with respect to the alleged crime or offense. The College may disclose the final results of the disciplinary proceeding regardless of whether the College concluded a violation was committed;
- To authorized representatives of the federal Comptroller General, Attorney General, Secretary of Education, or state/local educational authorities in connection with an audit of federal and/or state supported education programs or with the enforcement of or compliance with federal legal requirements relating to those programs;
- To accrediting organizations to carry out their accrediting functions; and
- To organizations conducting studies for, or on behalf of, educational agencies or institutions to:
- Develop, validate, or administer predictive tests;
- Administer student aid programs; or
- Improve instruction.
- Pursuant to a student record release request made under the Solomon Amendment. (See section I.E. below.)
Disclosures made pursuant to this paragraph are subject to the requirements that (i) the studies are conducted in a manner that does not permit personal identification of parents and students to individuals other than representatives of the organization; and (ii) the information is destroyed when no longer needed for the purposes for which the study was conducted.
D. Disclosure of Directory Information. The College hereby gives notice that the categories of information defined herein as Directory Information may be released without the prior written consent of the student. Students who wish to opt-out of having their directory information disclosed without their prior consent must complete a Directory Information Opt-Out Request Form from the Office of the Registrar, 2215 Genesee Street, Utica, New York 13501. Such requests shall apply only to subsequent actions by the College and shall remain in place until removed by written request of the student. A student may not use the right to opt-out of directory information disclosures to:
- Prevent the College from disclosing or requiring a student to disclose the student's name, identifier, or institutional e-mail address in a class in which the student is enrolled; or
- Prevent the College from requiring a student to wear, to display publicly, or to disclose a student ID card or badge that exhibits information that has been properly designated by the College as directory information in the public notice.
E. The Solomon Amendment. Effective October 23, 1998, all Colleges and Universities are required to comply with the final regulations of the Solomon Amendment. Department of Education has determined the Solomon Amendment supersedes most elements of FERPA. An institution is therefore obligated to release data included in the list of "student recruitment information" which may or may not match the College's FERPA directory information list. Failure to comply could result in the loss of various forms of federal funding including various forms of Federal Student Aid.
- All items included under the Solomon Amendment's list of required information are included within the College's definition of "directory information." These include name, addresses, telephone numbers, age, major, dates of attendance and degrees awarded.
- Information release is limited to military recruiting purposes only. The request for information must be in writing on letterhead that clearly identifies the military recruiting organization. Military recruiters must be from one of the following United States military organizations: Air Force; Air Force Reserve; Air Force National Guard; Army; Army Reserve; Army National Guard; Coast Guard; Coast Guard Reserve; Navy; Navy Reserve; Marine Corps; Marine Corps Reserve.
- If a student requests that their directory information be withheld under section I.D. of this policy, the student's records will not be released to military recruiters.
F. Student Educational Record Tracking Log. The appropriate College records custodian shall maintain a log of each request for, and each disclosure of, Personally Identifiable Information from the Education Records of a student, that indicates the person(s) who have requested or obtained Personally Identifiable Information and their legitimate interests in obtaining it. However, this requirement does not apply to:
- Disclosures pursuant to the written consent of the student, when the consent is specific with respect to the party or parties to whom the disclosure is to be made;
- Disclosures to College Officials, when it has been determined that the official has a legitimate educational interest; and
- Disclosures to the student upon the student's own request.
G. Redisclosure. College Officials who disclose personally identifiable information from an Education Record must inform the recipient of the information that they may not redisclose that information without the consent of the student, and that the recipient may only use the information received for the purpose for which the disclosure was made, except where one of the exceptions in Section C. above applies.
H. Records Excluded from the Definition of Education Records. The following materials, information, and records which are excluded from the definition of Education Records are not available to students for inspection, review, challenge, correction, or deletion:
- Confidential letters and statements of recommendation which were placed in the Education Records, if they are not used for purposes other than those for which they were specifically intended;
- Confidential letters and statements of recommendations, used solely for the purposes for which they were specifically intended, if the student has waived the right to inspect and review recommendations:
- regarding admission to an educational institution,
- regarding an application for employment, and
- regarding the receipt of an honor or honorary recognition;
- Financial records and statements of the student's parents or any information contained therein;
- Records of instructional, supervisory, or administrative personnel or educational personnel ancillary thereto, which are kept in the sole possession of the maker thereof, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;
- Records which are created or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting or assisting in that capacity, used only in providing treatment to the student, and not available to anyone other than persons providing such treatment, except that such records may be personally reviewed by a physician or other appropriate professional of the student's choice;
- Records made and maintained in the normal course of business which relate exclusively to the individual in his or her capacity as an employee and are not available for any other purpose;
- Records of an institution that contain information about an individual which is obtained after that person is no longer a student at the institution (e.g. alumni records);
- Records of a law enforcement unit of the College created and maintained by that law enforcement unit for the purpose of law enforcement. This exception does not include those records created by a law enforcement unit, even if the records were created for law enforcement purposes, if such records are maintained by a component of the College other than the law enforcement unit; and
- Grades on peer-graded papers before they are collected and recorded by a teacher.