6.0 Student Records

6.1  Federal Education Rights and Privacy Act (FERPA)

6.2  Changes To a Student Record

6.3  Chosen Name, Pronouns and Gender Marker Policy

6.4  Transcript of Record

6.5 Release of Student Disciplinary Records

6.1  Federal Education Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) is a U.S. Federal law that protects the privacy of student education records. FERPA protects the education records of students who are currently enrolled or formerly enrolled regardless of their age or status with regard to parental dependency. Records of those who have applied to but not attended an institution are not subject to FERPA guidelines, nor are deceased students. The law applies to all schools that receive funding from an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children’s education records UNTIL these rights transfer solely to the student when s/he reaches the age of 18 or attends a school beyond the high school level.

1. Student rights at SUNY WCC Under FERPA, include: The right to inspect and review the student’s education records within 45 days after the day SUNY Westchester Community College receives a request for access. A student should submit a written request that identifies the record(s) the student wishes to inspect to the Registrar’s Office, Dean, head of the academic department, or other appropriate official. The school official will make arrangements 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 school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
    
2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. A student who wishes to ask the College to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
    
3. The right to provide written consent before the College discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. An example of such an exception is the disclosure of education records to College officials with legitimate educational interests. A College official is: SUNY System Administration; a person employed by the College in an administrative, supervisory, academic, research, or support staff position (including law enforcement personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A College official may also include a volunteer or contractor outside of the College who performs an institutional service or function for which the College would otherwise use its own employees and who is under the direct control of the College with respect to the use and maintenance of personally identifiable information from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another College official in performing his or her tasks. A College official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the College.
    
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. 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

Education Record

An education record is any record that contains information directly related to a student and is maintained by the College.

Information NOT considered part of an education record and, therefore, excluded from FERPA regulations are:

• Sole possession records or private notes held by school officials that are not accessible or released to other personnel.
• Law enforcement or campus security records that are solely for law enforcement purposes and maintained solely by the law enforcement unit.
• Records relating to individuals who are employed by the institution (unless contingent upon attendance).
• Records relating to treatment provided by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional and disclosed only to individuals providing treatment.
• Records of an institution that contain only information about an individual obtained after that person is no longer a student at that institution, i.e., alumni records.

Student consent is NOT required for the disclosure of personally identifiable information from students’ education records if the disclosure meets one or more of the conditions found in §99.31 of FERPA regulations:

• School officials with legitimate educational interest
• Other schools to which a student is transferring
• Specified officials for audit or evaluation purposes
• Appropriate parties in connection with financial aid to a student
• Organizations conducting certain studies for or on behalf of the school
• Accrediting organizations
• Potential Employers
• To comply with a judicial order or lawfully issued subpoena
• Appropriate officials in cases of health and safety emergencies
• State and local authorities, within a juvenile justice system, pursuant to specific State law

FERPA also permits schools to disclose Directory Information without consent. SUNY Westchester Community College, in accordance with FERPA, has designated the following information about students as Directory Information:

• Name
• Address
• WCC email address
• Dates of attendance
• Degree information (including major and degrees and academic awards received)
• Enrollment status (full-time/ part-time)

The main purpose of designating the above information as “directory” is to permit the College to include this information in certain publications, for example, listing a student’s name in the graduation program and submitting awards and accomplishments for publication in a local newspaper. A student can grant permission to share his/her education records with specified person(s) at SUNY WCC.

A student can grant the College permission to disclose education record information to a specified person(s) by completing the FERPA Release Form  in its entirety, having it notarized by a Notary Public, and submitting the notarized form to either the Registrar’s Office in the Administration Building.

**Note that this form must be renewed on a yearly basis if the student wants disclosure permission to remain for any specified party.**

A student can choose to prevent having their directory information disclosed.

A student can choose to “opt out” of having any general Directory Information (as defined above) disclosed to any party. A student should seriously consider the following unintended possible negative consequences before choosing to opt out: For example, organizations such as potential employers, scholarship agencies, members of the press, loan agencies, educational organizations and others will not be given access to the student’s directory information and will not be able to contact the student. Opting out of directory information classification may mean that you will miss out on valuable employment, educational, cultural and other opportunities.

After considering these possible outcomes, if the student still wishes to opt out, they must submit a notarized form to the Registrar’s Office (Administration Building, room 107). Please email Registrar@sunywcc.edu with “FERPA NON-DISCLOSURE” in the subject line to request a copy of the form. Once a student chooses to opt out, this exclusion remains attached to the education record indefinitely until the student notifies the Registrar’s Office in writing to cancel.

Amendments to FERPA

The USA PATRIOT Act of 2001 was signed into law on October 26, 2001. It amends FERPA and the National Education Statistics Act (NESA) and expands the authority of federal law enforcement officials to obtain educational records in connection with investigations and prosecutions of terrorism without consent. However, these amendments to FERPA and NESA require federal law enforcement officials to obtain a court order before educational records and NCES data must be released under these provisions. They do not expand the authority of educational institutions to release student records without student permission or a court order. In order to obtain a court order, a U.S. Assistant Attorney General or a higher-ranking official must certify that the records are relevant to a terrorism investigation.

FERPA Release Form

A student can grant the College permission to disclose education record information to a specified person(s) by completing the FERPA Release Form in its entirety, having it notarized by a Notary Public, and submitting the notarized form to the Registrar’s Office in the Administration Building.

**Note that this form must be renewed on a yearly basis if the student wants disclosure permission to remain for any specified party.**

6.2  Changes To a Student Record

Name Changes

Require official, legal documentation presented to the Registrar’s Office. If the student is also an employee, name changes must be done through HR. Documents required to change a name are:

1. Marriage certificate indicating former and current name
2. Court order detailing the name change
3. Naturalization papers
4. For minor name changes, i.e. first and last name reversed, adding a second last name or middle name, the student can present a government-issued photo ID showing the correct name. DOB and address on file must match the ID. If the address does not match, the student must also present an SSN card that matches the SSN in our system and the name on the ID. This method cannot be used for the removal of any part of a name

Address Changes

Change address to a mailing address can be completed directly through self-service through MyWCC if present address on record is a Westchester County resident address and the new address is also a Westchester County resident address.

• Change address to a local address if can send to the registrar’s office from a email address on file, or in person with ID if present address on record is a Westchester County resident address and the new address is also a Westchester County resident address or if the address on record is not a Westchester County resident address and the new address is also not a Westchester County resident address
• Address changes for an address into or out of Westchester County, require documentation submitted to the Bursar’s Office.
• All students on an F-1 Visa must contact International Student advisor in order to change their address.
• If the student is also an employee, the registrar’s office cannot change the home address, this must be done through HR.

Social Security Changes

An original social security card must be presented to the Registrar’s Office to make a change along with a government-issued photo ID with a name which matches the name on file and the SSN cared and a DOB which matches what’s on file.

6.3  Chosen Name, Pronouns and Gender Marker Policy

Westchester Community College recognizes that some students and employees may use a different name other than their legal name and/or may have preferred pronouns. Westchester Community College allows the use of a chosen name and pronouns, wherever possible, for all students and employees, that is consistent with applicable laws and regulations. In some instances, the College is obligated to use a person’s legal name and cannot use a chosen or preferred name. In addition, whenever Westchester Community College collects data on sex or gender/gender identity, individuals will be offered the option to select “X” for at least one of these fields.

The College will provide all students and employees with the opportunity to enter their chosen name that is different from their legal name as well as their chosen pronouns. Westchester Community College will honor and respect the right of individual’s to be referred to as their chosen name, pronouns, and gender markers in all instances permissible under the law. The College reserves the right to remove a chosen name if it is used inappropriately, including but not limited to: for the purpose of misrepresentation, to be disruptive, or to attempt to avoid a legal obligation. Westchester Community College will not deliberately refuse to use an individual’s chosen name, pronouns or gender marker based on an individual’s actual or perceived gender identity or expression.

Definitions

• Chosen Name: a name by which a person wishes to be known that differs from their name given at birth or their legal name.
• Preferred Pronouns: the set of third-person pronouns (i.e. he/him, she/her, they/them, zie/zim, etc.) that an individual wants others to use in order to reflect that person’s gender identity.

Procedures

Students may identify their chosen name on their application for admission and on MyWCC under the Student Center.

Employees may identify their chosen name on Peoplesoft Self Service.

Name Displays On College Platforms & Records

By the start of the Fall 2023 semester, a student or employee’s chosen name will appear on the following college platforms and records:

• Class Rosters
• Grade Books & Rosters
• Learning Management Systems (Degreeworks, Brightspace, etc.)
• Email Display Name
• Windows Sign-On Display
• College ID

A student or employee’s legal name will appear on the following college platforms and records:

• Transcripts
• Financial Aid Applications & Records
• Reports Made To Federal Agencies
• International Student Records
• Medical Records
• Employment & Payroll Records
• Health Insurance Records
• Billing Records & Reimbursements
• Travel & Purchasing Authorizations
• Diplomas

*Special Note About Diplomas:

• Students who wish to have their chosen name listed on a diploma will receive information when their initial diploma (that has their legal name printed) is sent to them. Students will be able to order a second diploma (at cost to the student) with their preferred name printed. A preferred name must be on the student’s record prior to the last day of the semester in which they graduate.
• Some professional and licensing boards require use of one’s legal name in the licensing process, so use of a chosen name on a diploma may delay or complicate a certification or licensure process. In addition, some countries may require a diploma with a legal name for various legal, immigration, employment purposes.

NOTE: The above is subject to change without notice. For a complete and accurate list of all current locations where a chosen name may be used, individuals can visit the Chosen Name section of the LGBTQ+ webpage. 

The Registrar’s Office will review and process all requests for a chosen name. Westchester Community College will not deliberately refuse to use an individual’s chosen name, pronoun or title based on an individual’s actual or perceived gender identity or expression. However, the College reserves the right to remove a chosen name if it is used inappropriately, including but not limited to: for the purpose of misrepresentation, to be disruptive, or to attempt to avoid a legal obligation.

The Associate Dean of Diversity, Equity and Inclusion/Chief Diversity Officer (CDO) should be informed if a member of the College community believes a student is requesting use of a chosen name inappropriately. The CDO may reach out to discuss the matter with the student. If the CDO finds that the student is using a chosen name inappropriately, they will notify the student via their MyWCC email that the chosen name has been removed stating the reason why. They will inform the student that they can appeal this decision to the Vice President of Student Affairs. The Associate Dean of Diversity, Equity and Inclusion may file an incident report to the Office of Student Life if they believe the chosen name or the request of the chosen name violates the Student Code of Conduct.

Collection & Use of Pronouns

An individual’s preferred pronouns will only be displayed on certain college platforms and records. For a complete and accurate list, a student should visit the Chosen Name section of the LGBTQ+ webpage. 

• Students will be able to identify their preferred pronouns on their Admissions Application and on MyWCC under the Student Center.
• Employees will be able to identify their preferred pronouns on Peoplesoft Self Service.

6.4  Transcript of Record

An official transcript is one bearing the seal of the college and the signature of the Registrar. Official transcripts cannot be sent by fax or email. Requests for an Official transcript may be made in three ways:

• Online: Find instructions on the Transcripts page on the SUNY WCC website.. Online requests must be paid for by credit card at the time of the request.
• In-Person: Stop by Room 107 in the Administration Building to order your transcript during normal business hours. Please be advised when ordering your transcripts in person that transcripts take one business day to prepare. If you order a transcript in person, you can either return to pick it up the next business day, or we can mail it out to a designated address on your behalf. The fee for official transcripts is $10.00 per copy.
• By Mail: Official copies of your Westchester Community College academic transcript can be requested by mail. Please visit the Transcripts page on the SUNY WCC website. to download and print a Transcript Request Form. Mail your completed written transcript request form to:

Westchester Community College Registrar’s Office
75 Grasslands Road
Valhalla, NY 10595

Written transcript requests must include an accompanying check or money order for $10.00 (per official copy), made payable to Westchester Community College. Cash cannot be accepted.

An unofficial transcript is one given to the student for his or her own use and is marked “unofficial” or “student copy.” A student can find out how to obtain an unofficial transcript by visiting the Transcripts page on the SUNY WCC website.. There is no charge for access to unofficial transcripts.

Confidentiality of Student Records

The academic and personal records, which the student establishes at Westchester Community College, are considered by this institution to be confidential information, and information contained in the student’s records will be furnished to other parties, including parents, only upon receipt of a release signed by the student, or to duly authorized officials.

Access to Other Records

In response to the Family Education Rights and Privacy Act of 1974, as it is currently understood, enrolled students have the right to inspect and review all official records, files, and data directly related to them which are maintained by Westchester Community College (except confidential documents dated before January 1, 1975, certain financial records, and medical records). While the college will make every attempt to assist students at the time of their requests, it should be understood that office responsibilities such as registration, placement, grading, etc. may require that a later, mutually convenient appointment be arranged for document review. Under the law providing access to institutional records, students have the right to:

1. A list of the types of educational records which are maintained by the institution and are directly related to students
2. Inspect and review the contents of those records
3. Obtain copies of those records at the expense of the eligible student
4. A response from the institution to reasonable requests for explanation and interpretation of those records
5. An opportunity for a hearing to challenge the content of those records.

Student records are maintained by the Office of the Registrar, Room 107, Administration Building, where Request Forms for record access may be obtained.

Any questions concerning the procedure to be followed in requesting such a hearing should be directed to the Assistant Vice President & Dean of Enrollment Management.

6.5 Release of Student Disciplinary Records 

The Office of Student Life maintains students’ disciplinary records, which are considered part of a student’s educational record and are thus protected under the Family Educational Rights & Privacy Act (FERPA).

Access and Review

Students have the right to review their own disciplinary history, in the presence of a designated college official and during regular business hours. Students are not entitled to review records that contain personal identifiable information of others. Therefore, if a request is approved records will be redacted (e.g. crossed-out or blanked-out) in compliance with FERPA and general privacy guidelines.

When requesting to inspect or receive copies of one’s own disciplinary record that are held by Student Life, a current or former student must submit their request either:

1. In-person at the Office of Student Life (STC 222) by presenting a valid government-issued photo ID.
2. By sending an email to studentlifedean@sunywcc.edu from their official WCC email address
3. By sending an email to studentlifedean@sunywcc.edu from a non-WCC email address that includes the following information:

• Legal Name
• MyWCC ID Number
• Birthday (MM/DD/YYYY)
• Scanned Copy of Driver’s License or other government issued identification

Student Life may comply with the request within a reasonable amount of time, not to exceed 45 days after receipt of the request. If a physical record inspection is requested, students will be notified of the date, time, and location of their appointment and are required to present appropriate identification before reviewing their record. At no time will original records be removed from the office. Student Life will not accept requests over the phone and will only communicate with students in writing through their SUNY WCC email address.

Request for Students Transferring to Other Colleges

Students looking to transfer to another college may be required to submit information about their disciplinary/conduct record from their current institution. These forms are supplied by the institution a student is planning to transfer into. In some cases, these forms will also request confirmation of grade point average or other academic information. These forms have many different names, depending on the institution they come from. Names can include but are not limited to: (a) College Report; (b) Dean’s Certification; (c) Dean’s Release; (d) the Common Application’s Transfer College Report; or (e) Transfer Recommendation.

At SUNY Westchester Community College, these forms are completed by the Registrar’s Office. Students should make sure they complete ALL required parts of the form(s) before they submit them to the Registrar’s Office (registrar@sunywcc.edu). Incomplete forms may not be accepted and may result in delayed processing.

Disciplinary Clearance and Background Checks for Third Parties

Before a third-party entity (e.g., employers, government agencies, private contractors, parents, attorneys, etc.) can request someone else’s disciplinary records, that student or former student must submit a Student Disciplinary Record Release Request Form. The completed form must include the name of the party to whom the records can be released. An original copy of the form must be submitted to the Office of Student Life, which can be delivered in-person or via US Mail. Scanned, faxed, or emailed copies of the form will not be accepted.

Once the student or former student submitted that form, the party requesting the records should email the following information to studentlifedean@sunywcc.edu

• Name of requesting person, agency or organization
• Requester’s address, email and phone number
• Student’s full name, date of birth and SUNY WCC ID Number (000 Number)
• A specific description of what information is needed along with instructions for return.

The Office of Student Life confirm the identity of the third party before sending the information.

Please allow the Office of Student Life up to ten (10) business days after confirming identity to complete a request.

Any record with personal identifiable information of others will be redacted (e.g. crossed-out or blanked-out) in compliance with FERPA and general privacy guidelines.

Further Information

For more information about students’ educational records, including information about granting a specified third-party access to information or documentation in a student’s educational record, please visit the Registrar’s Office webpage.