Preamble
The intent of this section is to comply with the Federal "Family Educational Rights and Privacy Act of 1974," as amended. Davis & Elkins College collects and retains information about students for designated periods of time. The College recognizes the privacy rights of individuals in exerting control over what information may be disclosed, and, at the same time, attempts to balance that right with the institution's need for information.

Definition of Student Records
Student records are defined as those files, documents, and other materials that contain information directly related to a student which are maintained by Davis & Elkins College or by a person acting for the College pursuant to College or departmental policy.

• Notes belonging to a professor or staff member and intended for the professor's/staff member's own use are not subject to inspection, disclosure, or challenge unless the person maintaining the notes disclosed the information to a person in the College community other than a substitute.(Upon such a disclosure, the records are then open for review by the student).


• Records of the Department of Public Safety pertaining to an investigation.


• Student employment records.


• Student records that are made or maintained by a physician, psychiatrist, or other recognized professional acting in that capacity are not subject to the provisions of access, disclosure, and challenge.

Definition of a Student
For the purpose of this policy, a student is defined as an individual currently or previously matriculated in any academic course offering of the College.

Public/Directory and Non-Directory Information
Davis & Elkins College from time to time makes public certain kinds of information about students, such as the names of those who receive scholarships, who hold offices, or who are members of athletic teams. Various kinds of campus directories are published throughout the year to help members of the College community locate and communicate with each other. The commencement programs publish the names of those who have received degrees during the year.

The Family Educational Rights and Privacy Act of 1974, as amended, defines the term "directory information" to include the following categories of information: the student's name, address, telephone number, e-mail address, date and place of birth and citizenship, major field of study, participation in officially recognized activities and sports, photographs, weight and height of members of athletic teams, date of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student and classification. The College will limit information that is made public to these categories but will not necessarily publish all such information in every listing.

The Act also permits disclosure of non-directory information from students' education records to College officials and parents of a dependent student of such parents, as defined in Section 152 of the Internal Revenue Code of 1954 as amended without the written consent of students. Davis & Elkins College considers all students under 24 years of age (as of the end of the current tax year) as dependent for purposes of disclosure of information unless the student completes the "Request for Dependency Review" form in the Financial Planning Office and provides appropriate documentation that they are "independent" of their parents for federal income tax purposes. Students need to give such written documentation only once.

Students who do not wish to have any or all of such directory or educational information published or released without their prior consent must complete the "Prevent Disclosure of Information" and/or "Prevent Disclosure of Non-Directory Information" forms in the Office of the Registrar. The form should be completed before the sixth class day of the spring or fall semester or the fourth class day of the summer term.

Disclosure of Student Records
Students are accorded the right to inspect, in the presence of a staff member, official College records, files, and data primarily and directly related to themselves. This right includes an explanation of any information contained in these records. Students are entitled to exercise this right within a reasonable time after they personally appear in the appropriate College office to initiate such a request in writing. If students cannot appear personally, they must submit a notarized request to the appropriate office, authorizing a designated individual to receive a copy of the record.

Where any such records, files, or data contain information about a third person, the student is not entitled access to such information the right to copy file material to which they have access, provided the records do not have a financial hold.

The law allows schools to disclose records, without consent, to the following parties:

• School employees who have a need to know;
• Other schools to which a student is transferring;
• Parents when a student over 18 is still dependent;
• Certain government officials in order to carry out lawful functions;
• Appropriate parties in connection with financial aid to a student;
• Organizations doing certain studies for the school;
• Accrediting organizations;
• Individuals who have obtained court orders or subpoenas;
• Persons who need to know in cases of health and safety emergencies;
• State and local authorities to whom disclosure is required by state laws adopted before November 19, 1974.