Definition of Terms

FERPA: Family Educational Rights and Privacy Act of 1974, as amended Student: Any person who either attends or has attended Montreat College Educational Records: Any record (in print, handwriting, microfilm, computer, or other medium) that is maintained by a Montreat College staff or faculty member and is directly related to a student except:

• Sole possession records: Personal records kept by a college official if they are kept in the possession of the individual who made the records, and information contained in the record has never been revealed or made available to any other person except the maker’s temporary substitute.

• 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.

• Records maintained by the Montreat College security department if the record is maintained solely for law enforcement purposes, is revealed only to law enforcement agencies of the same jurisdiction, and the department does not have access to the educational records maintained by Montreat College.

• Records maintained by the Health Services Office if the records are used only for treatment of a student and made available only to those persons providing the treatment.

• Alumni records that contain information about a student after he or she is not longer in attendance at Montreat College and the records do not relate to the person as a student.

Annual Student Notification

Policy Students are notified of their FERPA rights in the annual Montreat College catalog.

Procedure for Student Inspection/Review of Records

Students have the right to inspect and review their educational records upon request to the custodian of the record.

1. If a student is requesting to see only one item from their educational record (i.e., an unofficial transcript), no written request or appointment is necessary. Access will be immediate, subject to the availability of the custodian.

2. If a student is requesting to see more than one item from their educational record, a written request must be submitted to the records custodian that identifies the record(s) the student wishes to inspect. The custodian will arrange for the access and notify the student of the time and place where the records may be reviewed. By law, access must be provided within 45 days from the receipt of the request. When a record contains information about more than one student, the student may review only the records that relate to him/her.

Montreat College Right to Refuse Access Policy

Montreat College reserves the right to refuse to permit a student to inspect these records:

1. Any financial records of the parent that may be in the student’s file.

2. Letters of recommendation for which the student has waived his/her right of access.

3. Admission records if the students application was denied or the student chose not to attend Montreat College after making application.

4. Records excluded from FERPA’s definition of educational records.

Montreat College Right to Refuse Provision of Copies Policy

Montreat College reserves the right to deny copies or transcripts or other records if:

1. the student lives within commuting distance of Montreat College.

2. the student has a delinquent account at Montreat College.

3. there is an unresolved disciplinary action against the student.

Schedule of Fees for Copies

The fee for copies of educational records is .10 per page, plus postage if applicable.

Disclosure of Educational Records Policy

Montreat College will disclose information from a student’s educational record only with the written consent of the student, except in the following instances:

1. To school officials who have a legitimate educational interest in the records. A school official is:
   • a person employed by the college in an administrative, supervisory, academic, or support staff position.
   • a person elected to the Board of Trustees.
   • a person employed by or under contract to Montreat College to perform a special task, such as an attorney or auditor.
   Legitimate educational interest includes:
   • performing a task that is specified in a position description or by a contract agreement.
   • performing a task related to the student’s education.
   • performing a task related to the discipline of a student.
   • providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid.

2. To officials of another school, upon request, in which a student seeks or intends to enroll.

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 education programs.

4. 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 financial aid.

5. If required by a state law requiring disclosure that was adopted before November 19, 1974.

6. To organizations conducting certain studies for or on behalf of Montreat College.

7. To accrediting organizations to carry out their functions.

8. To parents of a student who claim that student as a dependent for income tax purposes. The parent(s)’ most recent federal income tax must either be on file in the financial aid office or it must be submitted to the registrar. A parent must submit their request in writing and, when the information is released to the parent, the student will also be notified of the release.

9. To comply with a judicial order or a lawfully issued subpoena (accompanied by a reasonable effort to notify the student).

10. To appropriate parties in a health or safety emergency.

11. Results of a disciplinary hearing to an alleged victim of a crime of violence.

12. Final results of a disciplinary hearing concerning a student who is an alleged perpetrator of a crime of violence and who is found to have committed a violation of the school’s rules or policies.

13. Disclosure to the parent of a student under 21 if the institution determines that the student has committed a violation of its drug or alcohol policies.

Directory Information Policy

Montreat College designates the following items as directory information: Student’s name, address, telephone number, e-mail address, date and place of birth, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational institution attended by the student.

Procedure for Students Requesting to Amend Educational Records

Students have the right to request a correction of their educational records under FERPA. If a student believes the educational records relating to the student contain information that is inaccurate, misleading, or in violation of the student’s rights of privacy, he/she may ask Montreat College to amend the record. The procedure for requesting a correction of the records is:

1. The student must submit a request to the custodian of the record to amend the record. The request should identify the portion(s) of the record the student wants changed and specify why the student believes that portion of the record to be inaccurate.

2. If Montreat College decides not to comply with the request, the student will be notified of the decision and also advise of his/her right to a hearing to challenge the decision not to amend the record.

3. Upon request, Montreat College will make arrangements for a hearing and notify the student as to the time and place of the hearing.

4. The hearing will be conducted by an individual who does not have a direct interest in the outcome of the hearing. The student will have an opportunity to present evidence relevant to the issues raised in the request to amend the record. The student may be assisted by an attorney of his/her own choice.

5. Montreat College will respond with a written decision within a reasonable period of time after the hearing. The decision will include a summary of the evidence and the reasons for the decision.

6. If Montreat College decides that the information contested is not inaccurate, misleading, or in violation of the student’s right to privacy or other rights, it will notify the student, in writing, that they have a right to place a statement in the record commenting on the contested information in the record or stating why he/she disagrees with the outcome of the hearing.

7. That statement will be maintained as part of the student’s educational record as long as the contested portion is maintained. If Montreat College discloses the contested portion of the record, it must also disclose the student’s statement.

8. If Montreat College decides that the information contested is inaccurate, misleading, or a violation of the student’s right to privacy or other rights, it will amend the record accordingly and notify the student, in writing, that the record has been amended.