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FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

 

NEW YORK INSTITUTE OF TECHNOLOGY'S

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

ANNUAL NOTIFICATION

 Introduction

The following notification explains the procedures used by NYIT for compliance with the Family Education Rights and Privacy Act of 1974 ("FERPA").  As a student of NYIT, you are afforded certain rights with respect to your education record under FERPA. They are:

  1. The right to inspect and review your education records within forty-five (45) days of the NYIT receives a written request for  access from you;

  2. The right to request the amendment of your education record if you believe they are inaccurate or misleading;

  3. The right to consent to disclosure of personally identifiable information contained in your education records, except to the extent that FERPA authorizes NYIT to disclose the information without your consent; and 

  4. The right to file a written complaint with the U.S. Department of Education concerning alleged failures by NYIT to comply with the requirements of FERPA.

 

What Do You Need  To Do In Order To Inspect and Review Your Education Records?

        Under FERPA, your "education records" are those records that are directly related to you and maintained by NYIT.  The following items are not considered education records: sole possession records (for example, a professor's personal notes); records created and maintained by law enforcement unit for law enforcement purpose; employment records (unless you are employed as a result of your status as a student at NYIT); medical records that are maintained in connection with treatment and disclosed only to those individual providing you with treatment; and records that only contain information about you after you  are no longer a student at NYIT (for example, alumni records).

         In order to inspect and review your education records, you must complete a form entitled Student Request to Inspect and Review Education Records, which is available to you in the office of Registrar, PO Box 8000, Old Westbury, NY., 11568-8000. NYIT will comply with your request to review and inspect your education records within forty-five (45) days of the day NYIT receive the request from you.

          Please note that NYIT has the right to prohibit you from reviewing and inspecting education records that include the financial records of your parents, as well as those records consisting of confidential letters and statements of recommendation regarding your admission to NYIT, applicant for employment, or receipt of an honor or honorary recognition. 

 
What Do You Need to Do In Order To Amend Your Education Records? 

        Under FERPA, if you believe that your education records contain that is inaccurate, misleading, or in violation of your right to privacy, you have the right to ask NYIT to amend the records. Request to amend your records are to be made in writing directly to the office of the of Registrar, PO Box 8000, Old Westbury, NY., 11568. NYIT shall decide whether you amend you within a reasonable time after NYIT receives your request. If NYIT is in agreement with your request to amend your education records, the records in question will be amended accordingly, and you will be informed of the amendment in writing.  If NYIT decides not to amend your records as requested, you will be informed of NYIT's decision and of your right to a hearing under FERPA.

     You must make a written request for a hearing to NYIT's office of Registrar.  Upon receiving your request, NYIT, reasonably in advance of the hearing, shall provide you with the notice of the date, time and place of the hearing. The hearing will be conducted by NYIT's Registrar, or, student affairs designee.  During the hearing, you will have a full and fair opportunity to present evidence relevant to the issue you are raising, and, at your own expense, you may be assisted or represented by one or more individuals of your own choice, including an attorney.  Within a reasonable time after the hearing, NYIT will provide you with its decision in writing.  NYIT's decision will solely be based on the evidence presented and the reasons for NYIT's decision.

        If, as a result of the hearing, NYIT decides in your favor, your records will be amended accordingly, and you will be informed of the amendment in writing.  If NYIT decides against you, you will be informed of the right to place a statement in you records commenting on the contested information and stating why you agree or disagree with NYIT's decision, or both.
 

What Is Your Right With Respect to Personally Identifiable Information?

        Under FERPA, NYIT will not disclose your personally identifiable information to anybody but you (or your parents, if they claim you as a dependent) unless you first provide NYIT with a signed, written consent authorizing NYIT to disclose by NYIT to disclose such information. Your written consent must specify the records that may be disclosed by NYIT, state the purpose of the disclosure, and identify the individuals to whom the disclosure may be made.  For purposes of FERPA, "personally identifiable information" includes, but is not limited to, the names of your parents or other family members, your address or the addresses of your family members, your telephone listing, your Social Security number, a list of personal characteristics that would make identity easily traceable, or other information that would make your identity easily traceable.

        Please note that your consent is not needed by NYIT prior to disclosing your personally identifiable information in the following circumstances:

 §         Where disclosure is to NYIT officials who have a legitimate educational interest in such information (includes full and part-time NYIT faculty members, administrators, individuals serving on an NYIT judicial board or grievance committee, and any other persons or entities authorized to act on  behalf of NYIT);

§         Where the disclosure is to other school where you seek or intend to enroll;

§         Where disclosure is to certain federal, state and local authorities;

§         Where disclosure is in connection with financial aid for which you have applied or which you have received;

§         Where disclosure is made to organization conducting studies for or on behalf of educational institutions;

§         Where disclosure is made to accrediting organization;

§         Where disclosure is made to your parents, and you are their dependents as defined in section 152 of the Internal Revenue Code of 1986;

§         Where disclosure is to comply with a judicial order or lawfully issued subpoena ( and NYIT has made a reasonable effort to notify you prior to disclosure);

§         Where the disclosure is made in connection with a health or safety emergency;

§         Where the disclosure is information that NYIT has designated as "directory information" (discussed below);

§         Where the information disclosed is the final result of a disciplinary hearing and the disclosure is made to an alleged victim of a crime of violence or non-forcible sex offense; and

§         Where the disclosure is to your parent(s) or guardian(s) regarding your violation of any federal, state, or local law, or of any NYIT rule or policy, governing the use or possession of alcohol or controlled substance  (This is only applicable if you are under the age of 21 and if NYIT determines that you have committed a disciplinary violation with respect to that use or possession). 

Directory Information.   Unless you request otherwise, NYIT can release your directory information to third parties.  Under FERPA, "directory information" contained in your education record is not generally considered harmful or an invasion of your privacy and includes your name, date and place of birth, major field of study, participation in officially recognized activities and sports, dates of your attendance at NYIT, and degrees and awards received.  If you do not want your directory information released to the third parties, you must inform the office of the Registrar in writing.  Forms for this purpose are available from the office of the Registrar and must be filed within thirty (30) days following enrollment at the institute.

 
What If You Have a Complaint About NYIT's FERPA Compliance?

 For alleged violation of FERPA by NYIT, you may file a written complaint and send it to the following address:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-4605
 

Where Can You Direct Question About FERPA?

If you have questions about FERPA and your rights as students at NYIT, please contact the Office of the Registrar. 

Office of the Registrar
Northern Blvd.
Old Westbury, NY  11568-8000
Ph: (516) 686 7580 
 

 

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