Regimental Manual - Chapter 12 Education Records Policies and Procedures

12-100     Definitions

12-200     Annual Notification

12-300     Procedure to Inspect Educational Records

12-400     Types, Locations, and Custodians of Education Records

12-500     Right of the Academy to Refuse Access

12-600     Refusal to Provide Copies

12-700     Fees for Copies of Record

12-800     Disclosure of Educational Records

12-900     Record of Requests for Disclosure

12-1000    Directory Information

12-1100    Correction of Academic Records

12-1200    Policy Administration

12-100 Definitions
101 For the Purposes of this policy, Massachusetts Maritime Academy has adopted the following definitions of terms:
A. Student - any person who attends or has attended Massachusetts Maritime Academy.  Attendance commences on the first day of academic classes each term.
B. Educational records - any record (hand written, in print, on tape, film, electronic, or other medium) maintained by Massachusetts Maritime Academy or an agent of the Academy that is directly related to the student, except:
     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. Records maintained by the Massachusetts maritime Academy's Campus Police if the record is maintained solely for law enforcement purposes and is revealed only to law enforcement agencies of the same jurisdiction.
     4. Records maintained by Health Services is 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 she or he is no longer in attendance at the Massachusetts Maritime Academy and which do not relate to the person as a student.
12-200 Annual Notification
201 Section 99.7 of FERPA (Family Educational Rights and Privacy Act), a school must annually notify students in attendance of their rights under FERPA. The annual notification must include information regarding a student's right to inspect and review his or her education records, the right to seek to amend the records, the right to consent to disclosure of personally identifiable information from the records (except in certain circumstances), and the right to file a complaint with the Family Policy Compliance Office regarding an alleged failure by a school to comply with FERPA. The school must also inform students of its definitions of the terms "school official" and "legitimate educational interest."            

FERPA does not require a school to notify students individually of their rights under FERPA.  Rather, the school may provide the annual notification by any means likely to inform students of their rights.  Massachusetts Maritime FERPA information can be found in the Regimental Manual, Appendix "O", as well as on the school website at: www.maritime.edu/ferpa

12-300 Procedure to Inspect Educational Records
301 Students may inspect and review their education records upon request to the appropriate record custodian.
302 Students should submit to the record custodian a written request that identifies as precisely as possible the record or records he/she wishes to inspect.
303 The record custodian will make necessary arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected.  Access must be given within 45 days of receipt of the request.
304 When a record contains information about more the one student, the student may inspect and review only the records that relate to the requestor.
12-400 Types, Locations, and Custodians of Educational Records
401 The following table identifies the types of records that Massachusetts Maritime Academy maintains, their locations and their custodians.            
RECORD TYPE LOCATION CUSTODIAN
Academic Records Registrar's Office
Harrington Bldg.
Registrar
Admissions Records
Excluding application &
Academic record
Admissions Office
Flanagan Bldg.
Dean of Enrollment Services
Admissions Records
Academic & Application
Registrar's Office
Harrington Bldg.
Registrar
Disciplinary Records Commandant's Office
Across from the Fantail
Commandant
Financial Records Bursar's Office
Harrington Bldg.
Bursar
Health Records Wellness Center
Dormitory Complex 4th Co.
Nurse Practitioner
Naval Commissioning Dept. of Naval Science
Kurz Hall
Officer-in-Charge
Occasional Records
Not included elsewhere
As deemed likely As appropriate
Career & Professional Services Career & Professional Services Office
Kurz Hall
Director of Career & Professional Services
Student Incentive Program Registrar's Office
Harrington Bldg.
Registrar
USCG License and STCW
Documentation
Career & Professional Services Office
Kurz Hall
STCW Coordinator
12-500 Right of the Academy to Refuse Access
501 Massachusetts Maritime Academy reserves the right to refuse to permit a student to inspect the following records:
A. The financial statement of the student's parents.
B. Letters and statements of recommendation for which the student has waived his or her rights of access or which were placed in file before 1 January 1975.
C. Records connected with an application to attend Massachusetts Maritime Academy if that application was denied.
D. Those records that are excluded from the FERPA definition of educational records.
12-600 Refusal to Provide Copies
601 Unless required by FERPA regulations, Massachusetts Maritime Academy reserves the right to deny transcripts or copies of records in any of the following situations:
A. The student has an unpaid financial obligation to the Academy.
B. There is an unresolved disciplinary action against the student.
12-700 Fee for Copies of Records
701 The fee for copies will be $2.50 per page not to exceed $10.00 per requested record.
12-800 Disclosure of Educational Records
801 Massachusetts Maritime Academy will disclose information from a student's education records only with the written consent of the student, except:
A. To school officials who have a legitimate educational interest in the records.  School official include:
     1. A person employed by the Academy in an administrative, supervisory, academic, or support staff position.
     2. A person elected to the Board of Trustees.
     3. A person employed by or under contract to the Academy to perform a special task, i.e., attorneys or auditors.
B. To a school official who has a legitimate educational interest if the official and is: 
     1. Performing a task that is specified in her or his job description or by a contract agreement.
     2. Performing a task related to the student's education
     3. Performing a task related to the discipline of a student.
C. To a school official who is:
     1. Providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid.
D. To officials of another school, upon request, in which a student seeks or intends to enroll.
E. To certain officials of the U.S. Department of Education and state and local educational authorities, in connection with certain state or federally supported education programs.
F. In connection with a student's request for or receipt of 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,
G. If required by any state law requiring disclosure that was adopted before 19 November 1994.
H. To organizations conducting certain studies for, or on behalf of, the Academy.
I. To accrediting organizations to carry out their functions.
J. To parents of an eligible student who claim the student as a dependent for income tax purposes.
K. To comply with a judicial order or a lawfully issued subpoena.  The Academy will first make a reasonable attempt to notify the student.
L. To appropriate parties in a health or safety emergency.
M. To the alleged victim of a crime of violence.
12-900 Record of Requests for Disclosure
901 Custodians of records will maintain a record of all requests for and/or disclosure of information from a student's educational records.  The record will indicate the name of the party making the request, any additional parties to whom it may be subsequently disclosed, and the legitimate interest the party has in requesting or obtaining the information.  The record may be reviewed by the parents or eligible student.  The following disclosures need not be recorded:
A. To the student, to parents of dependent students, or to parties to whom the student requests disclosure.
B. To properly designated Academy officials.
C. To any party with written consent.
D. To any party seeking directory information only.
12-1000 Directory Information
1001 Massachusetts Maritime Academy designates the following items as directory information:  student name, address (local and permanent), telephone number (local and permanent), date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, most recent previous school attended, photograph, and licenses and certificates earned.  The Academy may disclose any directory information without prior written consent, unless notified in writing to the contrary during the add/drop period of each academic term.  Directory information will be released only when the petitioner demonstrates a need for information.  Commercial and fund-raising enterprises will not outweigh the student’s right to privacy.
12-1100 Correction of Academic Records
1101 Students have the right to request corrections to records that they believe are inaccurate, misleading or in violation of their privacy rights.  The following procedure must be followed to initiate the review and/or correction of academic records:
A. A student must ask in writing that a record be amended.  In doing so, the student should identify the part of the record to be changed and specify items believed to be inaccurate, misleading, or in violation of her or his privacy or other rights.
B. If the record is not amended, Massachusetts Maritime Academy will notify the student of the decision and advise him or her of the right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's rights.
C. Upon request, the record custodian will arrange for a hearing and notify the student, reasonably in advance, of the date, time, and place of the hearing.
D. The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the Academy.  The student will be afforded a full and fair opportunity to present evidence relevant 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.
E. Massachusetts Maritime Academy 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 reasons for the decision.
F. If Massachusetts Maritime Academy decides that the information is not inaccurate, misleading, or in violation of the student's right of privacy, it will notify the student that he/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.
G. The statement will be maintained as part of the student's educational records as long as the contested portion is maintained.  If Massachusetts Maritime Academy discloses the contested portion of the record, the statement must also be disclosed.
H. If Massachusetts Maritime Academy determines 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, that the record has been amended.
12-1200 Policy Administration
1201 The Registrar shall maintain this document and retain copies for reference by all parties.  Copies shall also be available at the Informational Commons.
1202 Comments and inquiries regarding this policy should be forwarded to the Registrar.  Changes, other than those mandated by law or legal interpretation, shall be incorporated only at the beginning of each fiscal year.
1203 Inquiries may also be addressed to:

Family Policy Compliance Office
United States Department of Education
400 Maryland Ave., S.W.
Washington, DC  20202-4605
Phone:  (202)732-1807
Email:  www.ed.gov/offices/om/fpco