Navigating Student Information at Bowdoin College: Understanding Privacy, FERPA, and Directory Information

Bowdoin College prioritizes the privacy of its students and website visitors while adhering to federal regulations and promoting student autonomy. This article elucidates the college's policies regarding student information, focusing on online privacy, the Family Educational Rights and Privacy Act (FERPA), and the concept of directory information. It aims to provide a comprehensive understanding of how Bowdoin College manages and protects student data.

Online Privacy at Bowdoin College

Bowdoin College is committed to protecting the privacy of visitors to its websites, including bowdoin.edu and all other web pages owned and operated by the institution. The College collects personally identifiable information (PII) at various points on its websites. PII includes data that can be associated with or traced back to an individual, such as a visitor's name, address, and phone number. Conversely, aggregate information, which is not PII, encompasses data like a user's Internet Protocol (IP) address, website traffic statistics, and demographic data. Bowdoin College systems may also record information about search queries when a visitor uses the college's search engine.

To enhance user experience and gather data, Bowdoin College may place Internet "cookies" on a visitor's computer. These cookies, which are automatically inserted onto a website visitor's hard drive, generally do not contain PII. Users have the ability to manage cookie settings through their browser software, including disabling cookies or receiving notifications when a website attempts to set a cookie.

The information collected may be used for correspondence or other purposes consistent with Bowdoin's business practices and academic mission. It's important to note that this policy provides a baseline standard, and departmental privacy policies may enforce more rigorous standards. For example, some departments, such as the College Library and the Office of Student Records, have implemented very restrictive departmental privacy policies and procedures.

Bowdoin College occasionally retains the services of third parties to process information, financial transactions, or for other purposes approved by senior management. The College may also, on a very limited basis, share, rent, sell, or otherwise disclose PII to carefully screened third parties, ensuring that a non-disclosure and confidentiality agreement is obtained from the third party before providing any PII.

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To protect against unauthorized access and ensure data integrity and accuracy, Bowdoin College implements physical, electronic, and administrative security policies and procedures intended to safeguard information collected and stored online.

In most cases, Bowdoin College does not knowingly collect PII from children under the age of thirteen (13). However, the College cannot always determine the age of a website visitor. Bowdoin College reserves the right to contact website visitors for legitimate purposes related to College transactions, surveys, statistical analysis, and other reasons approved by the College's administration. The College also reserves the right to modify its privacy policy at any time, without providing prior notice to visitors.

Understanding FERPA at Bowdoin College

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. Bowdoin College adheres strictly to FERPA regulations, granting students specific rights regarding their educational information. This section outlines those rights and how they are applied at Bowdoin.

Student Rights Under FERPA

FERPA grants students at Bowdoin College several key rights, including:

The right to inspect and review their education records: Students can access and review their education records maintained by the College. Generally speaking, the education records that are maintained by the College are retained for six years after graduation or permanent separation (resignation, permanent dismissal, matriculation at another institution etc.).
The right to request the amendment of their education records: If a student believes their education record is inaccurate, misleading, or violates their privacy rights under FERPA, they can request an amendment. A student who wishes to ask the College to amend their education record they believe is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA should write to the College official responsible for the record (e.g. dean, registrar), clearly identifying the part of the record the student wants changed, and specify why it should be changed. The College will reply to the student within a reasonable time after the student’s request.
The right to have some control over the disclosure of their education records: Students must provide written consent before the College discloses personally identifiable information (PII) from their education records, except under certain circumstances allowed by FERPA.

Exceptions to FERPA's Consent Requirement

While FERPA generally requires student consent for the release of education records, there are several exceptions:

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Disclosure to school officials with legitimate educational interests: “School officials” are Bowdoin College employees in administrative, supervisory, academic, research, or support staff positions (including the Departments of Safety and Security, Health Services, and Counseling Services); Bowdoin College trustees; a student serving on an official committee including but not limited to, the Recording Committee, Conduct Review Board, or Student Appeals and Grievances Committee; a volunteer or contractor outside of Bowdoin who performs an institutional service or function for which Bowdoin would otherwise use its own employees and who is under the direct control of Bowdoin with respect to the use and maintenance of personally identifiable information from education records, such as attorneys, auditors, consultants, and collection agencies.
Disclosure to parents of students who are dependents for federal tax purposes: As defined in section 152 of the Internal Revenue Service Code.
Disclosure to comply with a judicial order or lawfully issued subpoena: In most circumstances after making a reasonable effort to notify the student in advance of compliance so that the student can take protective action).
Disclosure of directory information: Certain information known as “directory information” may be released without the student’s prior written consent unless the student requests that such directory information be withheld.

Amending Education Records

Students who wish to ask the College to amend their education record they believe is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA should write to the College official responsible for the record (e.g. dean, registrar), clearly identifying the part of the record the student wants changed, and specify why it should be changed. The College will reply to the student within a reasonable time after the student’s request.

Within 10 days of the date of the College’s decision related to the request for amendment, send a written, signed request for a hearing to the Dean of Students, Bowdoin College, 4600 College Station, Brunswick, ME 04011-8437. The student may bring one or more persons to the hearing to assist the student, including an attorney, at the student’s expense.

FERPA and Parental Access

FERPA regulations and state statutes assign students the right to release information contained in their education records. Specifically, FERPA entrusts this right to students upon enrollment in a postsecondary institution, even when they are under the age of 18. Consistent with Bowdoin’s efforts to promote each student’s personal growth and autonomy, and to preserve a climate of trust with them, the College will not release any information contained within a student’s education record to parents without the student’s consent, except in certain circumstances described in this policy.

The College believes that each student is ultimately responsible for their academic progress and performance. Therefore, Bowdoin communicates only with students regarding their academic performance. For instance, in an effort to foster students’ sense of responsibility for their academic endeavors, grades, comment cards, and failure cards are sent directly to students and are not released to parents or guardians unless a student specifically requests in writing to the Office of the Registrar that they be released. However, when there is a change of status, i.e., when a student is placed on academic probation, academic suspension, or academic dismissal from Bowdoin, the College will typically notify parents with or without the student’s consent.

During a student’s tenure at Bowdoin, the College expects each student to take responsibility for their actions. Each student reads and signs the Academic Honor Code and Social Code that serve as a standard and guide for students’ behavior. Since the Codes are meant to preserve the integrity and safety of the Bowdoin community, violations of either Code warrant a College response. Generally, the College will communicate any disciplinary response to a Code violation directly with the student, and parents or guardians will not be notified, unless the student chooses to inform their parents. However, if the College response results in a change in the student’s status (i.e., dismissal, suspension, probation), and in some cases, on-notice or written warning, copies of correspondence with the student that detail the resolution of the situation will typically be sent to the student’s parents or guardian. Likewise, Bowdoin reserves the right to inform the parents of any student if the student violates any Federal, State, or local law, or campus regulation governing the use or possession of alcohol or drugs.

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Health and Counseling Records

Information regarding a student’s health and/or psychological welfare is protected by strict policies instituted to ensure the student’s confidentiality. Bowdoin recognizes, however, that situations arise in which a student may be unable to give informed consent. If a student is transported to the hospital, the parent or guardian of the student may be notified. Where possible, the College will allow the individual student time to make direct notification to parent or guardian or explicitly identify a third party to make contact with the parent or guardian. In such instances when a student is being treated by an external healthcare provider, the College expects the external provider to determine the appropriateness of parental notification and undertake such notification when deemed appropriate. Likewise, if a student is deemed to present a direct threat of harm, the College may notify parents without the consent of the student.

As noted above, FERPA applies to education records, which do not include treatment records that may be generated on campus, including in the Health and Counseling Centers. However, access to Bowdoin’s Health and Counseling Services’ records is limited by departmental confidentiality policies. Students may request to review their own confidential counseling or health records by filing a written authorization with the Director of the Counseling Services and Wellness Programs or Director of Health Services, respectively. This request must be responded to within a reasonable period of time not to exceed forty-five days.

With a student’s written authorization, counseling or health information can be disclosed to a third party for the specific purpose stated in that authorization. This authorization is retained with the student’s counseling or health records and is effective for a time period mutually agreed upon between the provider and student. There are certain circumstances in which legal statutes require or allow mental health professionals and health professionals to break confidentiality, without consent if necessary. These include circumstances where there is serious threat of harm to self or others, or suspicion of child or elder abuse. Also, in rare instances, counseling records may be subject to court subpoena.

Directory Information at Bowdoin College

Bowdoin College, in accordance with FERPA, defines certain student information as "directory information." This information can be released to the public without a student's prior written consent unless the student has specifically requested that it be withheld.

What Constitutes Directory Information?

While the specific categories of directory information may vary, they generally include:

Student's name
Address
Telephone number
Email address
Photograph
Date and place of birth
Major field of study
Dates of attendance
Enrollment status (e.g., full-time, part-time)
Degrees, honors, and awards received
Most recent educational agency or institution attended

Restricting the Release of Directory Information

Students who wish to prevent the release of their directory information must notify the Office of the Registrar in writing. This request remains in effect until the student rescinds it in writing. It's important to consider the implications of restricting directory information, as it may prevent the College from including the student's name in graduation programs, honor lists, or other public announcements.

Student ID Numbers and Electronic Communication

student ID number, user ID, or other unique personal identifier used to communicate in electronic systems that cannot be used to access education records without a PIN, password, etc. NOTE: (1) a student's SSN, in whole or in part, cannot be used for this purpose; (2) user IDs cannot be completely suppressed from Bowdoin’s electronic systems.

Gallagher Student and FERPA

There may be instances when you need to contact Gallagher Student on behalf of your student - whether it’s to check their enrollment dates, ask a benefit question, or inquire about a specific claim. We want to be able to assist you; however, if your student is 18 or older, we are forbidden by law to provide you with any information without their consent. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. The "rights transfer to the students" means parents will not have access to student information without written consent once the rights are transferred from the parent to the student. For this reason parents are generally not sent notifications regarding the student insurance waiver or enrollment process. to unauthorized persons or organizations.

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