aspen university—ferpa policy

I. Purpose and Scope

Aspen University (“Aspen”) complies with the Family Educational Rights and Privacy Act of 1974 (“FERPA”), 20 U.S.C. § 1232g, 34 C.F.R. part 99.FERPA protects certain information contained in Education Records, giving Students rights of privacy, access, and modification. This policy explains how Students may exercise these rights and how Aspen complies with FERPA.This policy does not modify Students’ rights under FERPA and creates no contractual or any other stand-alone obligation to Students.If there is a conflict between Aspen’s rights or obligations under this Policy and FERPA, FERPA controls.

II. Definitions

Directory Information—means information contained in an Education Record of a Student that would not generally be considered harmful or an invasion of privacy if Disclosed.Directory Information is further defined in part III.C, below.

Disclose or Disclosure—means to permit access to or the release, transfer, or other communication of Personally Identifiable Information contained in Education Records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.

Education Record—means those Records that directly relate to a student and are maintained by Aspen or by a party acting on its behalf.The term does not include:

(a) Records that are kept in the sole possession of the maker, used only as a personal memory aid, and not accessible or revealed to any other person except a temporary substitute for the record’s maker;

(b) Records pertaining to an individual who is employed by Aspen (except when the individual is employed as a result of his or her status as a Student), that: (i) are made and maintained in the normal course of business, (ii) relate exclusively to the individual in that individual's capacity as an employee, and (iii) are not available for use for any other purpose;

(f) Records created or received by Aspen after an individual is no longer a Student in attendance and that are not directly related to the individual's attendance as a student; and

(g) Grades on peer-graded papers before they are collected and recorded by a teacher.

Financial Aid—means a payment of funds provided to an individual (or a payment in-kind of tangible or intangible property to the individual) that is conditioned on the individual’s attendance at an educational agency or institution.

Legitimate Educational Interest—means the need to review information in an Education Record in order to fulfill a professional responsibility to Aspen.

Personally Identifiable Information (“PII”)—means information that, alone or in combination, is linked or linkable to a specific Student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the Student with reasonable certainty.The term includes, but is not limited to—

(a) The Student's name;

(b) The name of the Student's parents or other family members;

(c) The address of the Student or Student's family;

(d) A personal identifier, such as the Student's social security number, Student number, or biometric record;

(e) Other indirect identifiers, such as the Student's date of birth, place of birth, and mother's maiden name;

(f) Information requested by a person who Aspen reasonably believes knows the identity of the Student to whom the Education Record relates.

Record—means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

School Official—a person employed by Aspen in an administrative, supervisory, academic or research, or support staff position; a person serving on the governing board; or a Student serving on an official committee, such as a disciplinary or grievance committee, or assisting another School Official in performing his or her tasks.It also includes a person or company with whom Aspen has contracted as its agent to provide a service instead of using Aspen employees or officials, provided the following conditions are met.The person or company, first, is under the direct control of Aspen with respect to the use and maintenance of Education Records, and, second, is subject to applicable FERPA requirements governing the use, maintenance, and redisclosure of Education Records.

Student—means any individual who is or has been in attendance at Aspen and regarding whom Aspen maintains Education Records.

III. Confidentiality

A. Consent is Generally Required

Except as permitted by FERPA, Aspen will not Disclose a Student’s PII from Education Records without the Student’s prior written consent.Aspen maintains physical and technological controls to ensure that Aspen employees have access only to those Records that they have a Legitimate Educational Interest in reviewing.

Students may submit to Aspen University 720 South Colorado Boulevard Suite 1150N Denver, Colorado 80246 a written request and consent to the release of PII.The written consent must: (1) specify the Records that may be Disclosed, (2) state the purpose of the Disclosure, (3) identify the party or class of parties to whom the Disclosure is to be made, and (4) be hand or electronically signed and dated by the Student.Upon request, Aspen will provide a Student with a copy of the Records released. Release Form

B. Aspen May Disclose PII without Consent in Certain Cases

Aspen may Disclose a Student’sPII without prior written consent whenever permitted by FERPA.The following list provides a broad overview of the types of disclosures FERPA authorizes—

(a) to School Officials that have a Legitimate Educational Interest in the information as determined by Aspen;

(b) to representatives of another school, school system or institution of postsecondary education, so long as the Disclosure is for purposes related to the Student’s enrollment or transfer;

(c) to certain government authorities;

(d) to persons or entities when in connection with Financial Aid for which the Student has applied or received, for such purposes as to determine eligibility or conditions for the aid, the amount of the aid, or to enforce the terms and conditions of the aid;

(e) to certain organizations conducting studies for or on behalf of educational agencies or institutions in connection with predictive tests, to administer student aid programs, or to improve instruction;

(f) to accrediting organizations for the purpose of carrying out their accrediting functions;

(g) to the parents of a dependent Student as defined by FERPA;

(h) to comply with a judicial order or lawfully issued subpoena;

(i) to any necessary persons or entities when knowledge of the information is necessary to protect the health or safety of the Student or others from a specific and articulable threat;

(j) to anyone, provided the disclosure is limited to Directory Information, as further explained below;

(k) to the Student;

(l)to necessary persons in connection with an Aspen disciplinary proceeding; and

(m) whenever the Records have been stripped of all PII and Aspen has reasonably determined that a Student cannot be identified.

C. Aspen’s Directory Information Policy

Aspen treats the following categories of information as Directory Information and will release such information to third parties under the circumstances listed, unless the Student has informed Aspen in accordance with the procedures specified below that he or she does not want such Directory Information disclosed.

(a) Aspen will release the following categories of Directory Information to a third party if requested by telephone or in writing:

• Dates of attendance;
• Date of graduation and degree or certificate awarded.
• E-mail address

(b) Aspen will release the following categories of Directory Information to third parties, but only if the request is in writing:

• Name;
• Address;
• Telephone listing;
• E-mail address;
• Photograph;
• Date and place of birth;
• Major field of study;
• Grade level;
• Enrollment status (e.g., graduate or undergraduate);
• Participation in officially recognized activities and sports;
• Honors and awards received; and
• Most recent educational agency or institution attended.

Aspen reserves the right to require a Student’s written consent if it determines in its sole and absolute discretion that the requesting individual or entity does not have a need-to-know the information. Aspen will not release or confirm any category of Directory Information without a Student’s written consent if a Student’s social security number or other non-Directory Information is used in any way to help identify the Student or the Student’s Records.

At any time, a Student may choose to opt-out from Aspen’s sharing of any single item or any combination of items of Directory Information.The opt-out will become effective five (5) business days after Aspen receives it and will remain binding until such time that Aspen is notified in writing by the Student to permit release of the information without prior written consent.To opt-out, please contact us at privacy@aspen.edu.

IV. Access to Student Records

A. General

1. Right of Access

A Student may inspect and review the Student’s Education Records within forty-five (45) days after Aspen’s receipt of a written request to do so. Aspen will respond to reasonable requests for explanations and interpretations of the Records.Aspen will not destroy records when there is an outstanding request from a Student to inspect them.

2. Procedure

To inspect and review Records, a Student must submit a written request to the registrar, dean, head of the academic department, or other appropriate official to 720 South Colorado Boulevard Suite 1150N Denver, Colorado 80246. The written request must be signed, dated, and identify the record(s) the Student wishes to review. If the request is made to the wrong person, Aspen will respond to the student and attempt to direct the student to the correct person.

Aspen will arrange for the Student to review or provide the Student with a copy of the requested Records.Aspen may charge Students a reasonable fee for copies (but not for search and retrieval). Aspen will waive the fee when the Student demonstrates an inability to pay.

B. Exceptions

1. Multiple Students

When the Education Records contain information on more than one Student, a Student may inspect and review or be informed of only the specific information about that Student.

2. Financial Records of Parents

Aspen does not permit Students to review the financial Records of (or any information those Records contain about) the Student’s parents.

3. Confidential Letters and Confidential Statements of Recommendation

Aspen does not permit Students to review confidential letters and confidential statements of recommendation placed in the Student’s Education Records, provided:

(a) The Student voluntarily signed a written waiver of the right to inspect and review these letters and statements; and

(b) The letters and statements relate to the Student’s admission to an educational institution, application for employment, or receipt of an honor or honorary recognition.

When a Student has waived his or her rights, Aspen will still provide notice of the names of individuals who provided the letters and will use the letters only for their intended purpose.

V. Requests to Amend Student Education Records

A. Informal Requests

When a Student believes that information contained in an Education Record(s) is inaccurate, misleading, or in violation of the privacy rights of the student, the Student may request the School Official(s) responsible for the Record by sending an email to studentservices@aspen.edu to change it.

Within a reasonable time, Aspen will notify the Student of its decision.If Aspen concludes that the Record is not inaccurate, misleading, or in violation of the Students’ privacy rights, it will so notify the Student in writing and provide information about the Student’s right to a hearing.

B. Formal Hearings

1. Right to a Hearing

Students have the right to request a hearing to challenge the content of the Student’s Education Record on the grounds that the information is inaccurate, misleading, or in violation of the privacy rights of the student.

2. Hearing Procedures

The hearing shall be held a reasonable time after Aspen receives the request.Aspen will:

(a) Give the Student reasonable advance notice of the date, time, and place of the hearing;

(b) Appoint an Aspen administrator to serve as the hearing officer, provided that the administrator may not have a direct interest in the outcome of the hearing;

(c) Give the Student a full and fair opportunity to present evidence to show why the Record(s) is inaccurate, misleading, or otherwise violates the Student’s privacy rights.A Student may be represented by any individual of the Student’s choosing and at the Student’s expense, including an attorney;

(d) Base its decision solely on the evidence presented at the hearing; and

(f) Provide a written decision summarizing the evidence and the reasons for the decision within a reasonable period of time after the hearing.

3. The Right to Annotate Education Records

After a hearing, Aspen will inform the student either that it has amended the Education Record or of the right to place a statement in the Record commenting on the contested information and stating the Student’s disagreement.

If a Student provides a statement, Aspen will maintain it as part of the Record and include it whenever Aspen discloses the statement(s) it challenges.

VI. Complaints to the Department of Education

A Student may file a written complaint with the U.S. Department of Education’s Family Compliance Office regarding an alleged FERPA violation. The Office's address is:

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