REGULATION RE: STUDENT RECORDS

A. General

College of the Redwoods will establish and maintain, as required by law, only such information on students that is relevant to admissions, registration, academic history, student benefits or services, extracurricular activities, counseling and guidance, discipline, or matters relating to student conduct.

B. Records Officer

The Records Officer (Director of Enrollment Services) is responsible for the maintenance of the student educational record file system, which includes the nature, content, and retention of student records. The Records Officer will ensure periodic screening of the record system to eliminate inappropriate and irrelevant material from student files, the retirement of non-active files, or the destruction of student records as allowed by Education Code Section 59020.

C. Student Records

A student record is any item of information directly related to an identifiable student maintained by the district or required to be maintained by an employee in the performance of the employee's duties, whether recorded by handwriting, print, tapes, film, microfilm, or other means. The following information should not be part of the student record:

1. Information provided by a student's parents relating to applications for financial aid or scholarships.
2. Information related to a student that is compiled by an officer or employee of the college and that

1. is appropriate for such officer's or employee's performance of his or her responsibility,
2. remains in the sole possession of the maker, and
3. is not accessible or revealed to any other person.

3. Information related to a student that is created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional

1. acting or assisting in a professional or paraprofessional capacity;
2. that is used in connection with the provision of treatment of the student; or
3. that is not available to anyone other than persons providing such treatment, provided, however, that such a record may be personally reviewed by a physician or other appropriate professional of the student's choice.

4. Information maintained by the district's security unit that is necessary and appropriate to enable the security unit to carry out its duties and responsibilities as required by law or as may be assigned by the Board of Trustees. Such information is to be kept apart from other student records and maintained solely for security unit purposes, available only to other law enforcement officials of the same jurisdiction.
5. Confidential letters and statements of recommendations maintained by the district on or before January 1, 1975, provided that such letters or statements are not used for purposes other than those for which they were specifically intended.
6. Information maintained in the normal course of business pertaining to persons who are employed by the district, provided that such information relates exclusively to such persons in their capacity as employees and is not used for any other purpose.
7. Information related to a student compiled by an employee or officer of the district that remains in the sole possession of the maker and is not available to any other person except a substitute who performs the duties of the individual who made the notes on a temporary basis.

D. Release of Information (General)

The Records Officer shall ensure compliance with the procedure for release of information pertaining to students. No information without the written consent of the student (Form A, Request and Consent for Release of Student Record) will be released, except that the following information may be released if the student has not restricted access to his or her student records:

1. Directory information: student name, community of residence, 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, the most recent public or private school attended by the student, and any other information authorized in writing by the student.
2. The posting of student grades outside a faculty office must not be done in a manner that personally identifies students.
3. The taking of student attendance, if roll sheets are passed from student to student, must be done in such a manner as not to reveal any information other than student names.

E. Record of Access and Right of Review

A record of access will be maintained with the educational record of each student, which will indicate all individuals other than school officials who have requested and obtained information (Form B, Record of Access). A statement will accompany any record released to such parties to inform them of the restrictions of release to any other party without the consent of the student (Form C, Transfer of Information by Third Parties). The student can request, through the Records Officer, a personal inspection and review of his or her record, an accurate copy of a record, an oral description or communication of a record, or a request to release a copy of any record. The student must be allowed to review his or her record within 15 working days of the request to do so.

A student can waive his or her right of access to the student record solely for confidential recommendations for career placement, postsecondary admissions, or the receipt of an honor or honorary recognition, provided that such recommendations are used solely for the purpose for which they were specifically intended and provided that the student shall be notified upon the request of the persons making confidential recommendations. Such waivers may not be required as a condition for admissions to, receipt of financial aid from, or receipt of any other services or benefits from the college (see Form D, Waiver of the Right to Access).

F. Review of Record and Challenge

The Records Officer will establish procedures by which students are notified of their rights pertaining to their educational records, provide the necessary arrangements for students to review their files, and set up procedures for challenge hearings. Notification of the contents of this policy and regulation shall appear in all future catalogs, catalog supplements, and schedules of classes.

1. Student Record Review Procedure

Section 1: Academic Record Review

A student wishing to review his or her educational record shall request this service from window service personnel in the Enrollment Services Office. After appropriate identification, the staff member will pull the student's folder from the vault and escort the student to the Records Officer. The Records Officer will seat the student at an adjoining desk and review the folder with the student, answering any questions that may arise. The Records Officer will insert an appropriate notation in the student's folder that a review of the folder was made, including any statement pertaining to challenges presented by the student. The student will also be made aware that other campus records (depending upon his or her situation, program, health, enrollment, etc.) may exist and, if appropriate, will be given instructions by the Records Officer so that these records may be reviewed. The Records Officer will also ensure that, during the review of records, the student will not be provided information that violates the privacy of other students. After the review, the Records Officer will return the folder to the clerk for refiling. If the Records Officer is unavailable for review at the time of the student's request, an appointment for the student will be made.
Section 2: Other Educational Records Review

A student wishing to review records other than those on file in the Enrollment Services Office will contact the appropriate office and request this service. The custodians of those records to be reviewed will, after proper identification is made, produce all records pertaining to the student. The custodian will be present at all times during the review and will screen out any information on materials pertaining to other students. Appointments for review of records will be made if the custodian is not available. Should the student desire to challenge any information in the record file, he should be directed to request a hearing with the Records Officer

2. Student Record Challenge Hearing Procedure

Section 1: Informal Proceedings

A student wishing to challenge any information contained in his or her education records shall contact the Director, Enrollment Services, and provide a written explanation (Form E, Student Services Petition to Challenge Records) of the basis for the challenge. The Director, Enrollment Services, will evaluate student challenges and, where necessary, order the correction or deletion of information determined to be inaccurate, misleading, or otherwise in violation of the student's right of privacy or other rights.

Section 2: Filing of Formal Challenge

Should proceedings fail to satisfactorily resolve the student's contention, the student may contact the Associate Vice President of Student Learning Support Services to request a formal hearing. The request shall be on a form (Form E, Student Services Petition to Challenge Records) provided by the Director of Enrollment Services and shall specify the exact portion(s) of the records that the student desires to be corrected or deleted and the precise grounds on which he or she bases the challenge. The Associate Vice President of Student Learning Support Services shall, within 10 working days of the filing of the written request, assign the matter to a Hearing Committee selected pursuant to Section 3 below.

Section 3: Hearing Committee

The Associate Vice President of Student Learning Support Services shall assign student record challenges for hearing to the Academic Appeals committee.

Section 4: Hearing Procedure

The Associate Vice President of Student Learning Support Services will select a hearing date. At the hearing, the student shall be given an adequate opportunity to present witnesses and other evidence in support of his or her contentions. The student filing the challenge shall present his or her evidence first, after which appropriate members of the college administration and faculty shall have an opportunity to present evidence in support of the information contained in the challenged records. The student shall have the burden of proving that the record should be corrected or deleted.

Section 5: Decision

The Academic Appeals Committee shall render its recommendation in writing within 10 working days of the conclusion of the hearing to the Associate Vice President of Student Learning Support Services. If the Associate Vice President of Student Learning Support Services approves the recommendation, records found to be inaccurate, misleading, or in violation of the student's right of privacy or other rights will be corrected or deleted from the student's records.

Section 6: Final Appeal

If the student is not satisfied with the finding of the Associate Vice President of Student Learning Support Services, the student may, within 30 working days of refusal to change the record, appeal the decision in writing to the CR Board of Trustees. Within 30 working days of the receipt of such an appeal, the Board shall, in closed session with the student and appropriate college employee(s), if any, determine whether to sustain or deny the student's request.

If the Board finds for the student, the President or designee will immediately correct or remove and destroy the information. If the Board's decision is unfavorable to the student or if the student accepts the Associate Vice President of Student Learning Support Services' decision, the student shall have the right to submit a written statement of his or her objections to the information. All statements become part of the student's record and are confidential. The decision of the Board is final.

G. Access to Records with Consent of Student

The district may permit access to any person for whom the student has executed written consent specifying the records to be released and identifying the party or class of parties to whom the records may be released. The recipient will be notified by the Records Officer (Form C, Transfer of Information by Third Parties) that the transmission of the information to others without the written consent of the student is prohibited. The consent note shall be permanently kept with the student's record file.

H. Access to Records by Persons without Written Consent of Student or Under Judicial Order

Access is not authorized to student records to any person without the written consent of the student or under judicial order except that access may be permitted to the following individuals or agencies:

1. An official or employee of the district, if that person has a legitimate educational interest to inspect a record.
2. An authorized representative of the Comptroller General of the United States, the Secretary of Education, an administrative head of an agency, state education official or respective designee, or the United States Office of Civil Rights, where that information is necessary to audit or evaluate a state or federally supported education program or pursuant to a federal or state law except that, when the collection of personally identifiable information is specifically authorized by federal law, any data collected by these officials shall be protected in a manner that will not permit the personal identification of students or their parents when no longer needed for that audit, evaluation, and enforcement of federal legal requirements.
3. Any other state or local official or authority to the extent that information is specifically required to be reported pursuant to state law adopted prior to November 19, 1974.
4. An official of another public or private school or school system, including a local, county, or state correctional facility where an educational program is provided where the student seeks or intends to enroll or is directed to enroll, subject to the rights of students as provided by Education Code Section 76225, Transfer of Records.
5. An agency or organization in connection with a student's application for or receipt of financial aid, provided that information permitting the personal identification of students may be disclosed only as may be necessary for those purposes as to determine the eligibility of the student for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding financial aid, or to enforce the terms and conditions of the financial aid.
6. An accrediting organization in order to carry out its accrediting functions.
7. An organization conducting studies for or on behalf of educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if those studies are conducted in such a manner that will not permit the personal identification of students or their parents by persons other than representatives of those organizations and the information will be destroyed when no longer needed for the purpose.
8. An appropriate person in connection with an emergency if the knowledge of that information is necessary to protect the health or safety of a student or other persons, or subject to any regulations issued by the Secretaries of Education or Health and Welfare.

No person, persons, agency, or organization permitted access to student records pursuant to this policy shall permit access to any information obtained from the records by any other person, persons, agency, or organization without the written consent of the student, provided that this paragraph shall not require prior student consent when information obtained pursuant to this policy is shared with other persons within the district, agency, or organization obtaining access so long as those persons have a legitimate educational interest in the information.

I. Disciplinary Actions

The district will include information in the student record of disciplinary action taken by district personnel in connection with the student. The student shall be allowed to include in such record a written statement or response concerning the disciplinary action (this section shall be coordinated with Board Policy 505, Student Discipline).

J. Sexual Assault or Physical Abuse

The alleged victim of any sexual assault or threat of physical abuse as defined by Education Code Section 76243(b) or any conduct that threatens the health and safety of the alleged victim which is the basis of any disciplinary action taken by the district, shall be permitted access to that information. The access to student record information shall be in the form of notice of the results of any disciplinary action by the district and the result of any appeal, which shall be provided to the alleged victim within three working days following that disciplinary action or appeal. The alleged victim shall keep the results of that disciplinary action and appeal confidential (this section shall be coordinated with Board Policy 505, Student Discipline).

K. Judicial Orders and Subpoenas

1. Upon receipt of a court order, the Records Officer will furnish the student record to comply with the order. Reasonable efforts will be made by the Records Officer to notify the student in advance of such compliance (Form F, Notification of Judicial Order or Subpoena), if lawfully possible, within the requirements of the judicial order . A copy of the order will be filed with the student record.
2. Subpoenas for a student record will be complied with, by the Records Officer, only if by court order. All other subpoenas will be returned with reasons stated (Form G, Declination to Comply with Subpoena for Student Record). Efforts will be made by the Records Officer to notify the student of a court order or subpoena (Form F, Notification of Judicial Order or Subpoena).

L. Copy Charges

The district will charge a $15 fee per request for copies of a complete student record, where the request is not by court order. Copies for transcripts shall be in accordance with Education Code Section 76223.

M. Records Maintenance and Destruction

The maintenance, retention, and destruction of student records, where not otherwise specifically provided for, shall be in accordance with this policy, Education Code Sections 70901 and 76220, and Education Code Section 59020, General Provisions for Retention and Destruction of Records.

N. Employee Responsibilities Related to Student Records, Including Electronic Records

Employees of the college who have access to electronic student records are responsible for being aware of and for complying with the college regulations regarding the privacy of student records (see also AR 824.01, Use of Information Resources). Compliance with these regulations includes, but is not limited to:

1. Maintaining security of records and information.
2. Maintaining appropriate privacy of records.
3. Avoiding inappropriate discussion of student records.
4. Destroying and/or deleting records when appropriate.

O. Violations

Violation of regulations regarding the use of information and/or regulations related to student records is grounds for imposing disciplinary action up to and including dismissal from employment and legal action.

Approved: June 1980
Revised: 3/6/95; 11/5/02