Family Educational Rights and Privacy Act (FERPA) of 1974, as amended is a federal law that protects the privacy of student education records. The law, also known at the Buckley Amendment, applies to all educational agencies or institutions that receive funds under any program administered by the US Department of Education.

Educational institutions are required to annually notify enrolled students of their rights under the FERPA, as amended.  This website fulfils this obligation and serves as the annual FERPA notification to students at the EC-Council University.

For more information on FERPA standards and guidelines that EC-Council University abides by, visit the US Department of Education at FERPA standards and guidelines.

The FERPA affords students certain rights with respect to their educational records.

• The right to inspect and review the student’s educational records within 45 days of the day the university receives a request for access. Students should submit to the registrar, business office, or other appropriate official, written requests that identify the record(s) they wish to inspect. The institution will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records requested are not maintained by the institution, the official shall advise the student of that fact. If the record(s) are not maintained by the EC-Council University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed. When a record contains information about more than one student, the requesting EC-Council University student may only inspect and review the portion of the record relating to him or her.
• The student’s right to request the amendment of their educational records that the student believes are inaccurate or misleading. Students may ask the institution to amend a record that they believe is inaccurate or misleading. They should write the Manager of Student Affairs, clearly identify the part of the record they want changed and specify why it is inaccurate or misleading. If the institution decides not to amend the record as requested by the student, the institution will notify the student of the decision and advise the student of his or her 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.
• The right to consent to disclosures of personally identifiable information contained in the student’s educational records, except to the extent that FERPA authorizes disclosures without consent. Personally identifiable information includes items such as the student’s name, addresses, personal identifiers such as social security numbers, and personal characteristics or other information that make the student’s identity easily traceable.
  • One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the institution in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the institution has contracted (such as an attorney, auditor, or collection agent); 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. A school official has a legitimate educational interest if the official needs to review an education record to fulfil his or her professional responsibility.
  • The right to disclose — without the written consent or knowledge of the student — personally identifiable information from the student’s education records to the Attorney General of the United States or to his/her designee in response to an ex parte order in connection with the investigation or prosecution of terrorism crimes specified in sections 2332b(g)(5)(B) and 2331 of title 18, U.S. Code. In addition, the institution is not required to record the disclosure of such information in the student’s file. Further, if the institution has provided this information in good faith in compliance with an ex parte order issued under the amendment, it is not liable to any person for the disclosure of this information.
  • The right to disclose — without the written consent or knowledge of the student — information from a student’s education records to comply with a “lawfully issued subpoena or court order” in three contexts.
    • Grand Jury Subpoenas — The institution may disclose education records to the entity or persons designated in a Federal Grand Jury Subpoena. In addition, the court may order the institution not to disclose to anyone the existence or context of the subpoena or the institution’s response.
    • Law Enforcement Subpoenas — The institution may disclose education records to the entity or persons designated in any other subpoena issued for a law enforcement purpose. As with Federal Grand Jury Subpoenas, the issuing court or agency may, for good cause shown, order the institution not to disclose to anyone the existence or contents of the subpoena or the institution’s response. Notification requirements nor recordation requirements apply.
    • All Other Subpoenas — The institution may disclose information pursuant to any other court order or lawfully issued subpoena only if the school makes a reasonable effort to notify the eligible student of the order or subpoena in advance of compliance, so that the student may seek protective action. The institution will record all requests for information from a standard court order or subpoena.
  • The Right to Disclose — without the written consent or knowledge of the student — information in education records to “appropriate parties in connection with an emergency, if knowledge of the information is necessary to protect the health and safety of the student or other individuals.” Imminent danger of student or others must be present.
• The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the institution 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, 20202-4605.

Educational Record

A student’s education records are defined as files, materials, or documents that contain information directly related to the student and are maintained by the institution. Access to a student’s education records is afforded to school officials who have a legitimate educational interest in the records, such as for purposes of recording grades, attendance, advising, and determining financial aid eligibility.

The student educational records maintained by the University fall into two general categories: directory information and student records.

1. Directory Information

Directory information is that information which may be unconditionally released without the consent of the student unless the student has specifically requested that the information not be released. The school requires that such requests be made in writing to the Manager of Student Affairs within fifteen (15) days after the student starts classes.

In compliance with the Family Educational Rights and Privacy Act (FERPA), the University treats the following student information as directory information, which can be disclosed without a specific release of information from the student: name, date and place of birth, address(es), EC-Council University issued student email address, personal email address, photograph, field of study, degrees/awards, participation in officially recognized activities, last school attended, honors list or equivalent, attendance status, dates of attendance, and level of enrolment.

Students may restrict the release of Directory Information except to school officials with legitimate educational interests and others as outlined above. To do so, a student must make the request in writing to the Registrar at registrar@eccu.edu. Once filed this becomes a permanent part of the student’s record until the student instructs the institution, in writing, to have the request removed. Students should be aware of the possible consequences of putting in place such a restriction, such as missed mailings, messages, and announcements or potential non-verification of certification status.

A student may not opt out of directory information disclosures to:

1. Prevent an educational agency or institution from disclosing or requiring a student to disclose the student’s name, identifier, or institutional email address in a class in which the student is enrolled; or
2. Prevent an educational agency or institution from requiring a student to wear, to display publicly, or to disclose a student ID card or badge that exhibits information that may be designated as directory information under § 99.3 and that has been properly designated by the educational agency or institution as directory information in a public notice

1. Student Records

Student records include all educational records except for directory information and are not public records. Student records include official University academic and personal records relating to scholastic, disciplinary, and fiscal matters, as well as records maintained by University offices and agencies that provide services sought voluntarily by individual students. The University will maintain the confidentiality of these student records.

Educational records do not include the following:

1. Sole possession record-records kept in the sole possession of the maker which are used only as a personal memory aid and are not accessible or reviewed by any other person except a temporary substitute for the maker of the record;
2. Medical or psychological treatment records that include those maintained by physicians, psychiatrists, and psychologists;
3. Employment records, provided that employment is not contingent upon being a student;
4. Law enforcement records; and
5. Records collected about an individual after that person is no longer a student at the ECCU. 

Non-Directory Information

In compliance with FERPA guidelines, a student must provide self- identifying information in a signed and dated written request to the Registrar for the release of non-directory information. The receipt of a written request by fax satisfies this requirement. 

Electronic Files

The Family Educational Rights and Privacy Act (FERPA) does not differentiate between the medium of storage or the method of transmission. There is no legal difference between the level of protection afforded to physical files over those that are stored or transmitted electronically or in any other form. 

Access to Records

For maximum utility, student records must be accurate and complete. Any currently enrolled or former student has a right of access to any and all records relating to the student and maintained by the University. FERPA does not cover individuals who applied to the school but did not attend. EC-Council University students can request access to their education records by contacting the Registrar. The full policy and procedure for review of a student’s records are available from the Registrar.

Students 18 years of age or older may examine all records in their name. These records are not available to any other person other than appropriate University personnel unless released by the student. A legal exception is provided to the above regulation, and these exceptions will be explained to any person who requests the information from the Director of Admissions and Registrar.

Each student has a right to challenge any record, which is kept by the EC-Council University. Challenge of records, if any, shall be in writing to the Registrar at registrar@eccu.edu. A decision will be made within five business days to uphold or reject the challenge of any record. When the challenge of a record is upheld, the record shall be amended. If the challenge of a record is denied, the student may appeal this decision to the Dean.90

Authorizing Other Individuals

According to 20 U.S.C. § 1232g; 34 CFR Part 99.5, when a student becomes an eligible student who has reached 18 years of age and is attending a postsecondary institution, the rights and consent required to access educational records transfer from parents to the student. An eligible student is able to inform EC-Council University of authorized individuals to whom information may be released. Authorization does not obligate EC-Council University to release education records to individuals. Students will complete a release form providing the full information of the individual, as well as establishing a “FERPA Code” that will be used for verification purposes for phone conversations. Any authorized individual that a student identifies on their account must present their designated “FERPA Code” to receive information over the phone. It is the student’s responsibility to control access to the “FERPA Code” and not to share it with anyone other than those authorized. A student has the right to change their “FERPA Code” and the authorized individuals at any time.

Other Disclosures permitted under FERPA

In addition to allowing directory information disclosures, as set forth above, FERPA permits disclosure of educational records without a student’s knowledge or consent under certain circumstances.

In addition, ECCU may forward a student’s education records to:

1. other agencies or institutions that have requested the records and in which the student seeks or intends to enrol or is already enrolled so long as the disclosure is for purposes related to the student’s enrolment for training or exam delivery.
2. In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
3. To certain state and local officials or authorities when authorized by state statute in certain cases.  (§99.31(a)(5))
4. To organizations conducting studies for, or on behalf of, the University, in order to:  (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.  (§99.31(a)(6))
5. To accrediting organizations to carry out their accrediting functions.  (§99.31(a)(7))
6. To parents of an eligible student if the student is a dependent for IRS tax purposes.  (§99.31(a)(8))
7. To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39.  The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.  (§99.31(a)(13))
8. To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the University determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the University’s rules or policies with respect to the allegation made against him/her/them. (§99.31(a)(14))
9. To parents of a student regarding the student’s violation of any federal, state, or local law, or of any rule or policy of the University, governing the use or possession of alcohol or a controlled substance if the University determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))
10. The disclosure concerns sex offenders and other individuals required to register under section 17010 of the Violent Crime Control and Law Enforcement Act of 1994.

Students may grant permission to release academic, financial aid and student financial account information to third parties, including parents, by filling the FERPA Release Form. Students may obtain the Form by contacting the Manager of Student Affairs, or by submitting a request for the Form to their Academic Advisor.

This notice is not intended to be fully explanatory of students’ rights under the Family Educational Rights and Privacy Act and does not constitute a waiver.