I. Introduction

Policy Statement

The Family Educational Rights and Privacy Act of 1974, as amended (“the Act,” commonly referred to as “FERPA” or the “Buckley Amendment”), is designed to protect the privacy of Students’ Education Records and to give Students access to their Education Records to ensure the accuracy of their contents. The purposes of the Lafayette College (“Lafayette” or “the College”) Student Education Records Policy (the “Policy”) are:  to inform Students of their rights under the Act; to inform employees, third-party contractors, volunteers, and other individuals affiliated with the College of Lafayette’s responsibilities under the Act; and to describe the circumstances under which the College may disclose Student Education Records.

II. Applicability

This Policy applies to all Education Records of Lafayette Students, as those terms are defined within this Policy. All employees, third-party contractors, volunteers, and other individuals affiliated with the College are expected to comply with this Policy.

III. Definitions

Education Records: any records maintained by Lafayette which are directly related to a Student, with the following exceptions:

  • Records made by College employees which are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except an individual who is a temporary substitute for the maker of the record;
  • Employment records, unless the employment is contingent on the fact that the employee is a Student;
  • Records maintained by the Department of Public Safety solely for law enforcement purposes;
  • Records made, maintained, and used by professionals or paraprofessionals (e.g., physician, psychiatrist, psychologist, or counselor) only in connection with treatment of the Student, and disclosed only to individuals providing the treatment; and/or
  • Records containing information about individuals after they are no longer Students and which do not relate to the individual’s attendance as a Student, including alumni records.

 Legitimate Educational Interest: A School Official has a Legitimate Educational Interest when the School Official needs to review an Education Record in order to fulfill their responsibilities on behalf of the College, such as when the School Official is performing a task that is specific in their job description, or pursuant to a contractual agreement or other official appointment; performing a task related to a Student’s education; performing a task related to the discipline of a Student; or providing a service or benefit relating to the Student.

Personally Identifiable Information: Personally Identifiable Information includes, but is not limited to, a Student or Student’s family member’s name or address; a Student’s Social Security Number, student identification number, date of birth, place of birth; other information that, alone or in combination, is linked or linkable to a specific Student that would allow a reasonable person in the College community, who does not have personal knowledge of the relevant circumstances, to identify the Student with reasonable certainty; or other information requested by a person who the College reasonably believes knows the identity of the Student to whom the Education Record relates.

 School Official: A person employed by Lafayette in an administrative, supervisory, academic, research, or support staff position, including Public Safety and Student Health/Counseling staff; volunteers or third-party contractors (individuals or entities) performing a service or function for which the College would otherwise use its employees, and who are under the direct control of the College with respect to the use and maintenance of Personally Identifiable Information from Education Records (e.g., an attorney, auditor, or vendor; the National Student Clearinghouse); individuals serving on the Board of Trustees; and Students conducting College business (e.g., serving on official committees, working for Lafayette, or assisting another School Official in performing their tasks).

 Student: any person who attends, or has attended, Lafayette. Individuals who are accepted to the College but do not attend any classes are not Students for purposes of FERPA or this Policy.

Policy

The Act affords Students certain rights with respect to their Education Records. They are:

  1. Access to Education Records: the right of a Student to inspect and review their Education Records within 45 days of the day the College receives a written request for access, any time after matriculation.
  2. Request Amendment of Education Records: the right of a Student to request amendment of their Education Records if the Student believes they are inaccurate, misleading, or in violation of the Student’s privacy rights under the Act.
  3. Consent to Disclosure of Education Records: the right of a Student to consent to disclosures of their Education Records, which may include Personally Identifiable Information, except to the extent that the Act or any superseding law authorizes disclosure without the Student’s consent.
  4. Compliance: the right to contact the Family Policy Compliance Office with a complaint concerning Lafayette’s compliance with the requirements of the Act. The name and address of the office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue SW
Washington, DC 20202-5920

Access to Education Records 

Students have the right to inspect and review their Education Records within 45 days of the day Lafayette receives a written request for access, any time after matriculation. Students must submit a written request, identifying as precisely as possible the Education Record(s) they wish to review, to the Office of the Registrar or other appropriate official records custodian. The applicable College official will make arrangements for the Student’s review of the Education Records. Please note that a request to inspect and review “all records” is not normally sufficient to identify a Student’s Education Records for inspection and review.

 Waivers: When Students request that a member of the faculty or administration write a letter of recommendation to graduate schools or possible employers, they may be asked to sign a waiver to assure the confidentiality of the recommender’s observations.

Waivers may be signed only for the specific purposes of application for admission, candidacy for honorary recognition (including merit-related financial aid), and application for employment, but waivers will not be required. Students may be told, at their request, the names of those supplying references. Students may revoke a waiver, in writing, for future actions, but not for letters or recommendations already in the Student’s Education Records.

Education Records not open to Student review: Students do not have the right to review the following records:

  • financial records of the Student’s parent(s) and/or legal guardian(s);
  • letters and statements of recommendation for which the Student has waived their right of access, or which were placed in the file before January 1, 1975;
  • records connected with an application to attend the College if that application was denied;
  • Education Records containing information about more than one Student, in which case Lafayette will permit access only to that part of the record which pertains to the inquiring Student; and/or
  • records which are excluded from the definition of Education Records under FERPA and this Policy.

 Right of the College to refuse to provide copies: Lafayette reserves the right to deny copies of Education Records if they are not required to be made available under FERPA, if the Student has an overdue financial obligation to the College, or if there is an unresolved disciplinary action against the Student.

Request for Amendment of Education Records

Students have the right to request amendment of their Education Records if they believe they are inaccurate, misleading, or otherwise in violation of their privacy rights under the Act. Students should write to the Office of the Registrar, clearly identify the part of the record they want changed and specify why it should be changed.

The Office of the Registrar will then determine the College official who is responsible for the record and share the complete request to the applicable College official. The applicable College official will reach a decision and inform the Student in a reasonable amount of time after receiving the request. If the request to amend the Education Record is denied, the College official will advise the Student of their right to a hearing on the requested amendment, and provide information on hearing procedures.

Destruction of Records: Nothing in this Policy requires the continued maintenance of any Student’s Education Record for any particular length of time. However, if under the terms of this Policy, a Student has requested access to their Education Record, the Education Record will not be destroyed before the custodian has granted access, where such access would otherwise be granted.

Disclosure of Education Records

Students have the right to consent to disclosures of Personally Identifiable Information in their Education Records, except to the extent that the Act or any superseding law authorizes disclosure without their consent. Other than Directory Information, defined below, it is the general practice of Lafayette to disclose Student Education Records only with the written consent of the Student. However, in certain situations, Lafayette retains discretion under FERPA, or may be authorized under other applicable law, to disclose such Education Records without the Student’s consent, including, but not limited to, the following:

  1. to School Officials who have a Legitimate Educational Interest in the Education Records.
  2. to officials of another school in which the Student has sought to enroll. The College may forward Education Records to such other schools upon their request.
  3. to authorized officials of the following entities, in connection with federal- or state-supported education programs: the U.S. Department of Education; the U.S. Comptroller General; the U.S. Attorney General; or state and local educational authorities. Disclosures under this provision may be made in connection with an audit or evaluation of federal- or state-supported educational programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs. These entities may make further disclosures of Personally Identifiable Information to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf, subject to the requirements of applicable FERPA regulations (34 CFR § 99.31(a)(3) and § 99.35).
  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 enforce the terms and conditions of the aid.
  5. to organizations conducting certain studies for educational purposes for or on behalf of the College, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.
  6. to accrediting organizations, including individuals on visiting committees, to carry out their functions.
  7. to parents or legal guardians who claim the Student as a dependent for income tax purposes. However, it is generally College practice to not release records under this exception.
  8. to comply with a judicial order or a lawfully issued subpoena, provided the College makes a reasonable attempt to notify the Student in advance of compliance (except in certain cases involving grand jury subpoenas) or when the College is involved in a legal action with a Student or a parent or legal guardian of a Student, where disclosure is to the court, without a court order or subpoena, and is relevant for the College to proceed as plaintiff or to defend itself.
  9. to appropriate parties in a health or safety emergency.
  10.  to appropriate parties in connection with certain disciplinary proceedings as follows:

a. to an alleged victim of any crime of violence or non-forcible sexual offense (as defined by FERPA regulations at 34 CFR § 99.39), the final results of any Lafayette disciplinary proceeding with respect to the crime or offense, regardless of whether the College concluded a violation was committed.

b. otherwise in connection with a disciplinary proceeding for a crime of violence or non-forcible sexual offense (as defined above), the College retains the discretion to disclose the final results of the disciplinary proceeding to other members of the campus community and the general public only if the College determines that the alleged Student perpetrator has committed a violation of College rules/policies with respect to the crime or offense. The name of any other Student, victim or witness, may not be disclosed without that other Student’s consent. Disclosure to any individual other than the alleged victim applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998.

For purposes of both subsections (a) and (b), “final results” must include only the name of the alleged perpetrator Student, the violation committed (rules violated and essential supporting findings), and the sanction imposed (disciplinary action taken, date, and duration).

11. to disclose to a Student’s parent or legal guardian information regarding any violation of law or of College rule or policy as to alcohol or controlled substances use or possession, if the Student is under age 21 at the time of the disclosure and the College determines that such alcohol/drug use or possession constitutes a disciplinary violation. However, it is generally College practice to not release records under this exception.

12. to disclose information provided to Lafayette under Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. § 14071) concerning registered sex offenders who are required to register under that section.

Consent for the disclosure of a Student’s Education Records must be in writing, signed and dated by the Student, specifying the Education Records to be released, the reasons for such release, and to whom the Education Records are to be disclosed.

 Record of disclosures: Except where not required under applicable law, such as for disclosures of Directory Information, Lafayette will inform all third parties (external to the College) to whom Personally Identifiable Information from a Student’s Education Record is released that no further release of such information is authorized without written consent of the Student. Lafayette will maintain a record of third parties who have requested or obtained access to a Student’s Education Records, indicating the legitimate interest that each such person or entity had in obtaining this information. This record of access, to be kept with the Student’s Education Record, is available only to the Student and the custodian(s) of the Education Record. This requirement to keep records of requests and disclosures does not apply to requests or disclosures by/to the Student or pursuant to the Student’s written consent; to School Officials with a Legitimate Educational Interest; Directory Information; parents, where permitted; circumstances involving certain grand jury or other law enforcement subpoenas which order that the existence of the contents of the subpoena or the information provided not be disclosed.

 Directory Information: Lafayette designates the following categories of Student information as public or “Directory Information” and may disclose such information at its discretion.

  • Student’s name
  • College and home address and campus P.O. box number
  • Phone numbers
  • College-issued email address
  • Date of birth
  • Photograph
  • Dates of attendance
  • Class year/Expected Graduation Date
  • Degree program and major
  • Degrees, honors, and awards received
  • Participation in College activities
  • Weight and height of members of athletic teams

Currently enrolled students may request that the College withhold disclosure of Directory Information. To withhold disclosure, written notification using the FERPA Block form must be received by the Registrar’s Office.  Directory Information will then be withheld until the Student releases the hold on disclosure. Students should understand that, by withholding Directory Information, some information considered important to students may not reach them.

If a Student wishes a “FERPA block” on Directory Information to remain in effect after the last term of enrollment, a separate written request using the same form must be made to the Registrar prior to the end of that term. Such a hold will remain in place unless removed in writing.

The College provides Directory Information about Students that is requested by military recruiters under the Solomon Amendment. If a Student requests that their Directory Information be withheld, this request will also be honored under the Solomon Amendment and the Student’s records will not be released to military recruiters.

Compliance

Questions about this policy can be directed to the Office of the Registrar at registrar@lafayette.edu. Students also have the right to contact the Student Privacy Policy Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, DC 20202-8529 (email address FERPA.Complaints@ed.gov) with any complaints about Lafayette’s compliance with FERPA. The complete regulations and full definitions of terminology are on the U.S. Department of Education site.