FERPA

IENYC holds, collects and processes information about its current and former students, applicants and potential applicants. The University is committed to protection the privacy of student education records, adhering to the requirements of the Family Educational Rights and Privacy Act (FERPA) that regulates maintenance of and access to student education records.

IENYC processes data relating to students for a variety of purposes for academic, administrative, management, welfare and health and safety reasons, including:

i. Recruitment, admission and enrollment

ii. Maintenance of the student record and management of academic processes

iii. Administering the financial matters, including payment of fees

iv. The management of University services including library, residences and events

v. The provision of support for students through, for example, Student Support Services

vi. Protecting the health and safety of employees, students and visitors on the sites

vii. Internal research including monitoring quality and performance

viii. Graduation and Alumni operations, including fundraising

ix. Statistical and archive purposes.

This information is stored within the IT infrastructure of Glasgow Caledonian University (GCU) in the UK.

64 Wooster Street 

New York 

New York 10012 

Academic Department Records 

Some departments maintain records separate from the College.  A list of the academic departments that may have records and their locations may be obtained from the Office of the Provost & VP or from the Office of the Registrar. 

Students right to access to their educational record 

If the student so requests, IENYC will allow the student to inspect and review their educational record within 45 days following the receipt of the request.  This access includes only the individual student’s records and does not include information not relevant to the individual student’s record or institutional aggregate data.  Additionally, IENYC can and will provide only that information which it maintains within the student’s educational record and cannot provide or gather additional information outside of its systems. 

Student Record Access Exceptions 

A student has the right to inspect and review their records, except as listed below. Any reference to student records or to access to student records in this document is subject to these exceptions: 

1. Confidential letters of recommendation placed in files before January 1, 1975. 

2. Financial records of the student’s parents or any information contained therein. 

3. Employment records, except for those cases in which the employment is required as part of the student’s program. 

4. Medical and psychological records. 

5. Letters of recommendation or other documents that carry a waiver of the student’s right to access (See 9.8 below). 

6. Records compiled by University Police for the purpose of law enforcement. 

7. Any information in a student’s file regarding other students. 

To ensure the confidentiality of references, certain documents may carry waivers signed by the student relinquishing the right of access to the document. Waivers are subject to the following conditions:

1. Waivers can be signed only for the specific purposes of application for admission, candidacy for honor or honorary recognition, and candidacy for employment.
2. Waivers cannot be required.
3. The student shall be told, upon request, the names of those supplying references.
4. All items in the student record not covered by waivers are open to the student. Material not covered by waivers may not be concealed by keeping it out of the student’s file.

Student education records are open to College officials who have a legitimate educational interest in the information contained in the records.

1. A College official is an employee or other agent of the College. A College official may also be a person or company with whom the College has contracted to carry out a function on the College behalf, such as Glasgow Caledonian University.
2. The determination of a “legitimate educational interest” will be made by the person responsible for the maintenance of the record. This determination will be made scrupulously and with respect for the individual whose records are involved. “A legitimate educational interest” requires that the individual seeking access is doing so for the purpose of performing a job function.

Normally, records can be released, or access given, to third parties (i.e. anyone not a College official, as described in paragraph G.1.), only with the written consent of the student.

Without the consent of the student, releases to third parties generally may be given only as follows:

1. To federal officers as prescribed by law.
2. As required by state law.
3. To research projects on behalf of educational agencies, providing that the agencies guarantee no personal identification of students.
4. To accrediting agencies carrying out their functions.
5. In response to a judicial order or lawfully issued subpoena.
6. To law enforcement agencies in the investigation of a specific criminal case.
7. In connection with an emergency, to appropriate person if the knowledge of such information is necessary to protect the health or safety of the student or other persons.
8. To educational agencies or institutions that request records when a student seeks to enroll, or is already enrolled.

It is important that IENYC has a complete and accurate record of students’ personal information. Every student is responsible for ensuring that the information held by the University is accurate, current and complete.

Students have the right to ask to have records corrected that they believe are inaccurate, misleading or in violation of their privacy right.

The procedures are as follows:

1. The student must submit to the Registrar a request t to amend the record. The student should identify the part of the record that the student wants changed and the reasons.
2. GCNYC may comply or may decide not to comply. If not, the College will inform the student of the decision and advise the student of the right to a hearing. Requests for a hearing are to be sent to the College Registrar.
3. Upon request, the College will arrange for a hearing within a reasonable time and so notify the student.
4. The hearing will be conducted by a hearing officer who is a disinterested party. However, the officer may be an official of the institution. The student may be assisted by one or more individuals.
5. The College will prepare a written decision based solely upon the evidence presented at the hearing. The decision will include a summary of the evidence and the reasons for the decision.
6. If the College decides that the challenged information is not inaccurate, misleading, or in violation of the student’s right to 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 or setting forth reasons for disagreeing with the decision.
7. The statement will be maintained as part of the student’s record as long as the contested portion is maintained. If the College discloses the contested portion of the record, it must also disclose the statement.
8. If the College 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 that the record has been amended.

A person may file a written complaint with the Department of Education regarding an alleged violation of FERPA.

The complaint form may also be downloaded and either submitted to SPPO by e-mailing it to FERPA.Complaints@ed.gov or by printing out the form, signing and mailing it to the following address:

U.S. Department of Education
Student Privacy Policy Office
400 Maryland Ave, SW
Washington, DC 20202-8520

For more information or to file online, visit their website.