Student Rights, Responsibilities and Code of Conduct

Student Rights

• All rights and privileges guaranteed to every citizen by the Constitution of the United States and by the state of North Carolina shall not be denied any student.
• Students have the right to have their academic performance evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards.
• Students have the right to freedom of expression, inquiry, and assembly without restraint or censorship subject to reasonable and nondiscriminatory rules and regulations regarding time, place, and manner.
• Students have the right to inquire about and to propose improvements in policies, regulations and procedures affecting the welfare of students through established student government procedures, campus committees, and college offices.
• Students and former students have the right to review their official records and to request a hearing if they challenge the contents of these records. The Family Educational Rights and Privacy Act of 1974 (“FERPA”) provides safeguards regarding the confidentiality of and access to student records and the College shall adhere to the FERPA laws and regulations. Students and former students have the right to review their official records and to request a grievance if they challenge the contents of these records. No records shall be made available to unauthorized personnel or groups outside the College without the written consent of the student involved or if a legal exception applies.
• No disciplinary sanctions other than temporary removal from class or activity (only for duration of said activity) may be imposed upon any student without due process.
• Students have the right to voluntarily withdraw from courses under certain criteria.
• Students have the right to be free from discrimination, harassment and sexual violence while attending the College and accessing the College’s programs and opportunities.

Confidentiality of Student Records

CCC&TI protects the privacy of students in accordance with the Family Educational Rights and Privacy Act of 1974. FERPA, also known as the Buckley Amendment, protects the privacy of students and allows for the accessing of student records by the student. All records must be current and maintained with appropriate measures of security and confidentiality. The college is responsible for complying with all legal requirements pertaining to the maintenance, review and release of records retained by the college.

I. COMPLIANCE WITH FERPA RIGHTS

A. The Family Educational Rights and Privacy Act (FERPA) provides students with certain rights to privacy of their educational records and rights of access by others to their educational records. College employees are expected to fully comply with this Policy.

B. For purposes of this Policy, “student” means an individual who is or has been in attendance at the College. It does not include persons who have not been admitted, who have been admitted but did not attend the College. “Attendance” starts when the individual matriculates or declares their intention to enroll at the College, whichever comes first.

II. ANNUAL NOTIFICATION OF RIGHTS

The College shall provide every student with an annual notice of their rights under FERPA. The Vice President of Student Services, or his/her designee, is responsible for preparing and delivering this annual notice.

III. RIGHT TO INSPECT RECORDS

Students who wish to inspect their educational records should direct their requests to the Director of Enrollment Management within the time frame as designated in the annual notice. The student has the right to inspect and review their educational records within forty-five (45) days of the day the College receives a request for access.Students should submit to the director of enrollment management a written request that identifies the record(s) to be inspected. The director of enrollment management will plan for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the director of enrollment management, the director of enrollment management will advise the student of the correct official to whom the request should be made.

Students who do not wish to have their directory information released above shall comply with the 'opt out' provisions designated in the annual notice by notifying the director of enrollment management.

Students may obtain copies of their educational records if circumstances make on-site inspection impractical. When copies are provided, the student may be charged a reasonable fee for the actual copying expense.

IV. DIRECTORY INFORMATION

A. The College may release Directory Information without student consent. The College designates the following information as Directory Information:

1. Student's name;
2. Phone number;
3. Address;
4. Date and place of Birth;
5. Email address;
6. Major field of study;
7. Dates of attendance
8. Degrees, honors and awards received and awards received;
9. Full- or part- time enrollment status
10. Participation in officially recognized activities and sports;
11. Most recent previous institution

B. The College shall only release Directory Information to individuals and organizations that demonstrate, in the College’s opinion, a legitimate, educational interest in the information or provide a direct service to the College; however, the College shall release Directory Information to military recruiters in compliance with the Solomon Amendment unless the student specifically restricts the release of their Directory Information.

C. Students who do not wish to have their Directory Information released to the individuals and organizations identified above shall comply with the “opt out” provisions designated in the annual notice.

V. RELEASE OF EDUCATIONAL RECORDS

A. The College will not release a student’s educational records, aside from Directory Information, to any third-party unless the student consents to the release or a valid, legal exception applies.

B. Disclosures may be made to school officials, which include any of the following when that person has a legitimate educational interest in having access to the information:

• A member of the Board of Trustees.
• To comply with a lawfully issued subpoena or judicial order.
• To officials of another college in which a student intends to enroll or has enrolled.
• To authorized representatives on the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the Department of Education, or state and local education authorities.
• In connection with the application for, or receipt of, financial aid. 
• To accrediting organizations.
• To appropriate officials in case of a health and safety emergency.
• State and local authorities, within a juvenile justice system, pursuant to specific state law.
• To authorized officials for audit or evaluation purposes.
• Organizations conducting certain studies for or on behalf of the school.
• Outcomes of disciplinary proceedings may be released to the victim of an alleged perpetrator of a crime of violence or non-forcible sex offense.
• To parents, as defined in 34 C.F.R. 99.3 of a dependent student under the Internal Revenue Code. *
• Directory Information.**

* Under the Act, CCC&TI may not disclose personally identifiable information to the parents of an “eligible student” without the written consent of the student unless the disclosure is to parents of a dependent student as defined in Internal Revenue Code.

An “eligible student” means a student who is 18 years of age or is attending an institution of postsecondary education. Parents must provide appropriate tax return information documenting the dependent status of the student before disclosure will be made without his/her written consent.

** A part of FERPA states that certain information called “directory” information can be disclosed without the written consent of the student. Directory information includes information contained in the educational record of a student that would not be considered harmful or an invasion of privacy if disclosed.

CCC&TI faculty and staff who are determined to have a legitimate educational interest may access student records. Faculty/staff are considered to have a legitimate educational interest if they might reasonably need to access information to conduct official college business.

C. In compliance with Title IX, the College may disclose the final results of campus disciplinary proceedings in which a responding party is charged with a violent crime or non-forcible sex offense. Upon the request of the reporting party, disclosure may be made regardless of whether the respondent was found responsible. Disclosures to third parties may be made only if the student respondent is found responsible. Disclosure in this situation is limited to the name of the violator, the type of student code violation found to have occurred, and the sanction imposed by the College.

D. The College shall release a student’s educational records to the student’s parents when requested by the parents and: i) the student is listed as a dependent on the parents’ tax returns; ii) the student violated a law or the College’s policies regarding drugs and alcohol and the student is under the age of 21; or iii) the disclosure is needed to protect the health or safety of the eligible student or other individuals in an emergency situation.

VII. MISCELLANEOUS

A. You have the right to file a complaint with the U.S. Department of Education concerning alleged failures of the School District to comply with the requirements of FERPA. The name and address of the office that administers FERPA is the:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901

B. A hold may be applied to the release of an official transcript, diploma or other information requested from an official record for a student who has an overdue indebtedness to the College. A hold may be applied for failure to comply with a disciplinary directive. Such a student continues to have the right to see and photocopy his official record upon request.

C. The College shall only destroy student records in accordance with federal and state laws and regulations and as allowed by the Records Retention & Disposition Schedule for North Carolina Community Colleges. The College shall not destroy student records if there is an outstanding request, grievance or legal matter related to those records.

Privacy of Student Records (FERPA)

CCC&TI protects the privacy of student educational records in accordance with the Family Educational Rights and Privacy Act of 1974, as amended. According to the “Act”, an educational record is defined as those records, files, documents, and other materials which contain information directly related to a student and are maintained by the college. According to FERPA, students have the right to:

1. Inspect and review their educational records.
2. Seek amendment to their educational records that they believe to be inaccurate, misleading or otherwise in violation of their privacy rights under FERPA.
3. Consent to disclosures of personally identifiable information contained in their record, except to the extent that FERPA authorizes disclosures without consent.
4. File with the U.S. Department of Education a complaint concerning alleged failures by the College to comply with FERPA.

Students may exercise the right to inspect and review their education record by providing a written request to the Registrar. Students may seek amendment to their educational record by contacting the Registrar who will attempt to resolve the issue. If the student is not satisfied with the resolution, then he/she may file a formal grievance with the Vice-President of Student Services according to procedures outlined in the College Catalog and Student Handbook.

Generally, schools must have written permission from the student in order to release any information from a student’s education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR §99.31):

• CCC&TI faculty and staff who are determined to have a legitimate educational interest may access student records. Faculty/staff are considered to have a legitimate educational interest if they might reasonably need to access information to conduct official college business.
• To comply with a lawfully issued subpoena or judicial order.
• To officials of another college in which a student intends to enroll or has enrolled.
• To authorized representatives on the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the Department of Education, or state and local education authorities.
• In connection with the application for, or receipt of, financial aid.
• To accrediting organizations.
• To appropriate officials in case of a health and safety emergency.
• State and local authorities, within a juvenile justice system, pursuant to specific state law.
• To authorized officials for audit or evaluation purposes.
• Organizations conducting certain studies for or on behalf of the school.
• Outcomes of disciplinary proceedings may be released to the victim of an alleged perpetrator of a crime of violence or non-forcible sex offense.
• To parents, as defined in 34 C.F.R. 99.3 of a dependent student under the Internal Revenue Code. *
• Directory Information.**

*Under the Act, CCC&TI may not disclose personally identifiable information to the parents of an “eligible student” without the written consent of the student unless the disclosure is to parents of a dependent student as defined in Internal Revenue Code. An “eligible student” means a student who is 18 years of age or is attending an institution of postsecondary education. Parents must provide appropriate tax return information documenting the dependent status of the student before disclosure will be made without his/her written consent.

**A part of FERPA states that certain information called “directory” information can be disclosed without the written consent of the student. Directory information includes information contained in the educational record of a student that would not be considered harmful or an invasion of privacy if disclosed. CCC&TI may disclose the following information without written consent unless the student notifies Student Services in writing that such information is not to be made available:

• Student name
• Phone number
• Address
• Date and place of birth
• E-mail address
• Major field of study
• Dates of attendance
• Degrees/diplomas/certificates and awards received
• Full- or part-time enrollment status
• Participation in officially recognized activities
• Most recent previous institution