Family Education Rights and Privacy
Pueblo Community College Notification of Rights Under FERPA
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. FERPA rights are afforded to the students at the time of admission. These rights include:
1) The right to inspect and review the student’s education records within 45 days of the day Pueblo Community College receives a request for access. A student should submit to the Records Office, a written request that identifies the record(s) the student wishes to inspect. The INSERT TITLE will make arrangements for access and notify the student of the time and place where the records may be inspected.
2) The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights. A student who wishes to ask Pueblo Community College to amend a record should write the Records Office, who will notify the college official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment using the Student Grievance Procedure SP 4-31. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
3) The right to provide written consent before Pueblo Community College discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to College officials with legitimate educational interests. A College official is a person employed by the College or Colorado Community College System 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 College has contracted as its agent to provide a service instead of using college employees or officials (such as an attorney, auditor, or collection agent); a person serving on the College 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. Pueblo Community College has designated the National Student Clearinghouse as a College official. A College official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the College. Upon request, the College discloses education records, without a student’s consent, to officials of another school, in which a student seeks or intends to enroll, or after enrollment.
The college may share educational records to parents in the following circumstances: for a student who is dependent under I.R.S. tax code; a student under 21 years old who has violated a law or the school’s rules or policies governing alcohol or substance abuse; and when the information is needed to protect the health or safety of the student or other individuals in an emergency.
FERPA Annual Notice to Reflect Possible Federal and State Data Collection and Use
As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which a student’s education record(s) and personally identifiable information (PII) contained in such records — including Social Security Number, grades, or other private information — may be accessed without student consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to student records and PII without student consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution. Second, Federal and State Authorities may allow access to student education records and PII without student consent to researchers performing certain types of studies, in certain cases even when we object to or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive student PII, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without student consent PII from student education records, and they may track student participation in education and other programs by linking such PII to other personal information about students that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.
The Colorado Community College System considers the following to be directory information and Pueblo Community College staff may disclose this information, without prior consent, to anyone inquiring in person, by phone, or in writing: Student name; Major field of study; Dates of student attendance; Degrees / certificates and awards student has earned; Most recent educational institution attended by the student; enrollment status (full time, part time, etc.), Participation in officially recognized activities and sports; and if participating in an officially recognized activity or sport, height, weight, and high school attended.
Physical Addresses are considered PII and are not released as directory information except they may be released for the following limited purposes:
Graduation lists released to news media, which may include the student’s city of residence only,
Other listings to the news media and College personnel for special awards, honors, and events,
Notification to Phi Theta Kappa Honor Society for students who are eligible to be considered for membership,
As may be needed by cash management service providers engaged by CCCS or the Colleges to process student refunds, or
To institutions who have a written agreement with the CCCS System Office or Pueblo Community College for early advising, scholarship, or admissions consideration. Credit hour threshold for release may be stipulated in system-wide or individual college agreements.
Email Addresses are considered PII and are not released as directory information except they may be released for the following limited purposes:
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Notification to Phi Theta Kappa Honor Society for students who are eligible to be considered for membership,
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As may be needed by cash management service providers engaged by the CCCS System Office or Pueblo Community College to process student refunds, or
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To institutions who have a written agreement with the System or a CCCS college for early advising, scholarship, or admissions consideration. Credit hour threshold for release may be stipulated in system-wide or individual college agreements.
Phone numbers (including type) Date of Birth, Race/Ethnicity, and GPA are considered PII and are not released as Directory Information except for the following limited purpose:
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To institutions who have a written agreement with the CCCS System Office or Pueblo Community College for early advising, scholarship, or admissions consideration. Credit hour threshold for release may be stipulated in system-wide or individual college agreements.
Additionally, name, address, college issued e-mail address, phone number, date and place of birth, level of education, most recently attended college, field of study, and degree(s) received of students may be released to military recruiters upon request in accordance with the Solomon Amendment. All other information contained in student records is considered private and not open to the public without the student’s written consent. Students who do not want their directory/public information released to third parties or students who do not want to be listed in the College online e-Directory should complete a form to suppress directory information available online or at the Registrar’s Office or Office of Admissions and Records by the first day of the semester.
4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
In accordance with the Fair and Accurate Credit Transactions Act (FACTA) of 2003, Pueblo Community College adheres to the Federal Trade Commission’s (FTC) Red Flag Rule (a Red Flag is any pattern, practice or specific activity that indicates the possible existence of identity theft.), which implements Section 114 of the FACTA and to the Colorado Community College System’s Identity Theft Prevention and Detection Program, which is intended to prevent, detect and mitigate identity theft in connection with establishing new covered accounts or an existing covered account held by the Colorado Community College System (System or CCCS) or one of its thirteen (13) community colleges, and to provide for continued administration of the Program. If a transaction is deemed fraudulent, appropriate action will occur. Action may include, but is not limited to, canceling of the transaction, notifying and cooperating with law enforcement, reporting to the Student Code of Conduct Office, and notifying the affected parties. For more information on FACTA, Red Flag Rules and Identity Theft Consumer Information, please see the links provided below:
Solomon Amendment
Institutions of higher education receiving Federal grants and contracts are subject to the Solomon Amendment (10 U.S.C. 1983 § 549). It allows federal funding to be cut if military recruiters are prohibited from recruiting on campuses/sites or are prohibited from accessing student directory information for recruiting purposes.
Covered student directory information (“student recruiting information”) is defined as name, address, telephone listing, age or year of birth, academic major and level of education (e.g. freshman, sophomore, etc., or degree awarded). Where there is a conflict between the Family Educational Rights and Privacy Act of 1974 (FERPA), the Solomon Amendment would supersede FERPA. A student who has requested nondisclosure of directory information to any party under FERPA remains protected.
Institutions must respond to each of the separate branches of the military services, but only need to do so once per academic semester to each branch. Military recruiters can contact the Records office for more information on this student directory information.
Affirmative Action/Equal Opportunity
PCC is an equal opportunity educational institution and the College does not discriminate on the basis of sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, genetic information, gender identity or sexual orientation in its activities, programs or employment practices as required by Title VII, Title IX, Section 504, Age Discrimination Act, and Title II of the ADA. The College has designated the Vice President of Human Resources as its Affirmative Action Officer with the responsibility to coordinate its civil rights compliance activities and grievance procedures.
For information, contact the Vice President of Human Resources, 900 W. Orman Ave., Pueblo, CO 81004, telephone: 719.549.3220; or the Office for Civil Rights, US Department of Education, Region VIII, Federal Office Building, 1244 N. Speer Blvd., Suite 310, Denver, CO 80204, telephone 303.844.5695, TDD 303.844.3417.
Sexual Harassment and Sexual Misconduct Notice
Sexual Harassment
The College is committed to upholding this policy prohibiting sexual harassment. Violation of this policy may be grounds for dismissal. While it is the purpose of this policy to protect all persons associated with the College from sexual harassment, it shall also be a violation of this policy to knowingly make false allegations of sexual harassment.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when one or more of the following criteria are met:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or of academic status in course, program,
or activity.
2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic educational decisions affecting such individual.
3. Such conduct is sufficiently severe, persistent, or pervasive to have the purpose for effect of unreasonably interfering with an individual’s work/academic performance or creating an intimidating, hostile, or offensive working/learning environment.
Matters having sexual connotation, which arise as part of the legitimate educational curricula and do not exploit students to a private advantage would not violate college policy unless used in an improper manner. Examples of sexual harassment may include, but are not necessarily limited to:
1. Physical assault
2. Direct or implied threats that submissions to sexual advances will be a condition of employment, work status, promotion, grades, or letter of recommendation
3. Direct propositions of a sexual nature
4. Subtle pressure for sexual activity
5. A pattern of conduct intended to discomfort or humiliate, or both, a reasonable person at whom the conduct was directed that includes one or more of the following:
i. Touching, patting, hugging, or brushing against a person’s body
ii. Remarks of a sexual nature about a person’s clothing or body
iii. Remarks about sexual activity or speculation about previous sexual experience
iv. The display in the work or educational arena of sexually suggestive objects or pictures
Individuals who feel that they have been subjected to sexual harassment and are in need of further information as to the procedures, may contact the Vice President of Human Resources, 900 West Orman Avenue, Central Administration, Room 112, Pueblo, CO 81004; Phone: 719.549.3220. All matters involving sexual harassment complaints are taken seriously and shall be investigated. Complaints shall remain confidential to the extent possible. Filing of a complaint or otherwise reporting sexual harassment shall not reflect upon the individual’s status or affect future employment, work assignments, or grades.
Sexual Misconduct
Sexual misconduct, including but not limited to sexual assault, sexual abuse, domestic violence, dating violence, and stalking, by any member of the College community is strictly prohibited and will not be tolerated. The College will respond in a firm and judicious manner to all reports of alleged incidents of sexual misconduct.
Definitions: Sexual assault is defined as sexual penetration by use of force or threat of force, or by taking advantage of a victim’s helplessness (C.R.S. 18-3-402). Sexual abuse is defined as an act of a sexual nature not covered under sexual assault and which includes but may not be limited to fondling and touching of sexual body parts without consent. Domestic violence is defined as an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship, or any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.(C.R.S.18-6-800.3). Dating violence is defined as the physical, sexual, or psychological/emotional violence within a dating relationship. Stalking is defined as making a credible threat to another person and/or repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship (C.R.S. 18-3-602). Consent is defined as cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship shall not be sufficient to constitute consent. Submission under the influence of fear shall not constitute consent (C.R.S.18-3-401[1.5]).
Assistance for victims can be found in the Victim’s Bill of Rights brochures (refer to the document associated with the student’s closest campus) located at the bottom of the PCC Police webpage at this link https://pueblocc.edu/public-safety. Additional information on VAWA, Sexual Misconduct, and Title IX concerns is located on PCC’s Sexual Misconduct and Title IX webpage at this link https://pueblocc.edu/Title-IX to include policies, contact information for employees to learn about the process, student resource guide, how to report concerns, etc. Concerns for Sexual Misconduct, Title IX, VAWA, and other concerning behavior can be reported at the PCC webpage to report an incident or concern at this link https://pueblocc.edu/Concerns; the link to report an incident or concern is conveniently located at the bottom of any PCC webpage.
Violence Against Women Act (VAWA), Section 304
On March 7, 2013, President Barack Obama signed a bill that reauthorized the Violence Against Women Reauthorization Act (VAWA). Included in the bill is Section 304, which addresses sexual violence in higher education. Pueblo Community College fully supports VAWA by educating, preventing, and supporting the community about issues surrounding domestic violence, dating violence, sexual assault and stalking; defining consent; promoting options for bystander intervention; recognizing warning signs of abusive behavior; and promoting ways to avoid potential attacks. PCC offers mandatory Human Resources VAWA training for all staff and student-lead activities that bring awareness of these issues to the student community. PCC also provides important student online safety trainings to include topics on Sexual Misconduct, Title IX, VAWA, Bystander Training, and Alcohol/Other Drugs. Assistance for victims can be found in the Victim’s Bill of Rights brochures (refer to the document associated with the student’s closest campus) located at the bottom of the PCC Police webpage at this link https://pueblocc.edu/public-safety. Additional information on VAWA, Sexual Misconduct, and Title IX concerns is located on PCC’s Sexual Misconduct and Title IX webpage at this link https://pueblocc.edu/Title-IX to include policies, contact information for employees to learn about the process, student resource guide, how to report concerns, etc. Concerns for Sexual Misconduct, Title IX, VAWA, and other concerning behavior can be reported at the PCC webpage to report an incident or concern at this link https://pueblocc.edu/Concerns; the link to report an incident or concern is conveniently located at the bottom of any PCC webpage.
For more information feel free to contact any of the following offices: Vice President of Human Resources/Title IX Coordinator, Vice President of Student Success, Dean of Students, and Chief of Public Safety.
Title IX Statement
Pueblo Community College (PCC) is committed to providing a learning environment that promotes personal integrity, civility and mutual respect free of sex discrimination and sexual misconduct. Title IX of the Educational Amendment Act of 1972 states that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal assistance. Sex discrimination violates an individual’s fundamental rights and personal dignity. PCC considers sex discrimination in all its forms to be a serious offense. This policy includes all forms of sex discrimination, including sexual harassment, sexual assault and sexual violence by employees, students or third parties. This policy has been developed to reaffirm individual rights and responsibilities and to provide recourse for those individuals whose rights have been violated. It should serve as a guide on the expectations we have for sexual communication, sexual responsibility and sexual respect. Visit the PCC website for more information about the policy and for complaint procedures and forms.
All College employees, including student employees in certain roles, are mandatory reporters of sexual misconduct and discrimination. Mandatory reporters must ensure that any sexual misconduct or discrimination that they become aware of is reported to the College’s Title IX Coordinator or designee. Reports may also be made to the College’s Department of Public Safety at 719.549.3355. This policy applies to all sexual misconduct, discrimination or harassment regardless of the gender, gender identity or sexual orientation of the complainant or respondent.
Grievance Process
Pueblo Community College provides a grievance procedure for students, clients or volunteers who are providing a service to benefit the College under the supervision and control of a college employee (hereafter noted as grievant). A client or volunteer may only grieve a decision which bans him or her from the campus/site. A grievable matter is any alleged action which violates or inequitably applies written college policies or procedures. The grievant must be personally affected by such violation or inequitable action. Matters that are not grievable include those matters upon which the College is without authority to act, academic decisions (unless there is an allegation that the decision was motivated by illegal discrimination) and disciplinary actions.
For more information about the PCC grievance policy, refer to the PCC Student Handbook.
Complaints
Pueblo Community College welcomes comments, suggestions and feedback from students, clients or volunteers. Individuals are encouraged to provide feedback or seek resolution about any concern or complaint at the lowest informal level progressing through the appropriate chain of command at all PCC campuses/sites. If the concern or complaint is not resolved through an informal process, a written complaint may be submitted to the Chief Student Services Officer.
Complaint Procedures
If you are taking any Pueblo Community College courses and you have a complaint about your experience with PCC, you have two options:
- You can follow Pueblo Community College’s process for student complaints, which can be found in the PCC Student Handbook, or complaint procedure and forms, or you may contact the Higher Learning Commission, which is Pueblo Community College’s accrediting agency.
- If you are residing outside of Colorado while attending Pueblo Community College, in many cases you can file a complaint in the state where you are residing. As required by federal regulations, each state is required to share a list of agencies where complaints can be filed.
Before exercising either of the above options, you should know that most, if not all, external complaint processes require the student to exhaust all avenues of complaint internal to the institution before they will consider a grievance.
Surveys and/or Research at Pueblo Community College
While surveying students and conducting research can be important methods for advancing knowledge, Pueblo Community College reserves the right to endorse, allow or not allow surveys and research at the College, and the right to determine the timing of when surveys and research may be conducted as stated in PCC Operating Protocol & Procedure 112. The Office of Institutional Research (OIR) is responsible for reviewing all proposed surveys and questionnaires; protecting the rights of human subjects; ensuring good survey methodology and design; preventing specific populations from being over-surveyed; avoiding the collection of duplicated information; and encouraging sharing of survey results with the PCC community. The OIR is authorized to review, approve, require modifications in or disapprove surveys or questionnaires conducted by or through the College. All survey, questionnaire and research activity/project requests must be approved prior to administration. Contact the Office of Institutional Research (OIR) and submit the Survey/Questionnaire Request Form.
Student Right-To-Know & Campus Security Act
PCC strives to provide a safe and healthy environment that enhances the learning process. All students and employees should be able to attend classes, work on campus/site and/or participate in activities with a feeling that they are in an environment that is safe and secure. PCC provides to all prospective students and employees the Campus Security Policies and Procedures and the most recent campus crime statistics. This is part of the Federal Law No. 101-542, the Student Right-to-Know and Campus Security Act of 1990.
The information addresses six (6) topics related to campus crime and statistics: 1) a summary of PCC Crime Statistics, 2) policies regarding security, access to buildings and campus law enforcement, 3) procedures for reporting crimes and other emergencies, 4) information about sex offenses, 5) policies about the use, possession and sale of alcoholic beverages, and 6) programs about alcohol and drug abuse education, crime prevention and campus security policies.
Disclaimer Notices
Disclaimer for All Students
PCC disclaims liability of any kind for injury, illness, theft or damage of personal property of any student as a result of participation in field trips, shop or laboratory work, or classroom activities. Every reasonable effort is made to provide safe conditions for these activities.
Background and Drug Checks
Criminal background and drug checks are required of students entering all health and public safety certificate and/or degree programs. Additionally, the automotive program requires an application process to include screening. Certain offenses will preclude you from enrolling in a health program. Students should check with the program chair for specific requirements and due dates. Passing the background check and drug screening for admission and continuation in any PCC Health and Public Safety program does not guarantee that a graduate will pass the background check and/or drug screening for licensing or employment
Student Malpractice & Liability and/or Health Insurance
If you are enrolled in health professions and service programs, you must carry malpractice and liability insurance. Personal health insurance coverage is strongly recommended and is required by some clinical affiliates. The malpractice insurance coverage is available at a nominal cost through a group policy arranged by the College. Speak to your program advisor or the PCC Cashier about this type of insurance coverage.
Disclaimer for Criminal Justice Majors
Many criminal justice and related agencies require certain standards of prospective employees at the application stage. Job applications ask applicants if they have ever been arrested for any offense, either misdemeanor or felony. An affirmative response or finding on the part of a prospective employer may be grounds to deny employment. A second requirement may require applicants to take psychological tests, lie detector tests and medical tests in order to determine if applicants are suited for a particular position.
With respect to the above, the Criminal Justice Department and the Pueblo Law Enforcement Academy of PCC advise that entrance into any CRJ course of study or subsequent graduation is no guarantee, explicit or implied, that a student is employable. Further, should a student be unable to be placed and/or remain in the course CRJ 280, Cooperative Education/Internship, after two good faith attempts at placement, neither PCC nor its employees accept responsibility in respect to the student’s fulfillment of this program.
In an attempt to appropriately advise prospective students, a prior arrest and/or drug and alcohol history should be discussed with a Criminal Justice advisor prior to the student’s admission into the Criminal Justice Program. Neither PCC nor Criminal Justice advisors will be held liable for a student’s decision to continue in the program.
Disclaimer for Dental Hygiene Majors with a History of Felony
The State of Colorado Board of Dental Examiners requires licensing dental hygienists to answer questions concerning felony history, excessive use or abuse of controlled substances/alcoholic beverages (within the last five years), and any physical or mental condition that may affect the ability to practice dental hygiene. Other questions asked by the State Board pertain to an applicant’s history of malpractice judgment and any disciplinary action by any government or private agency. The PCC Department of Dental Hygiene assumes no responsibility for the denial of licensure by the Colorado State Board of Dental Examiners.
Disclaimer for Emergency Medical Services Majors with a History of Felony
The Colorado Department of Public Health and Environment – Prehospital Division, which is responsible for certification of emergency medical technicians in Colorado, requires a criminal background check. Certain felonies or misdemeanors may prevent you from obtaining certification. The Emergency Medical Services programs at PCC assume no responsibility for the denial of certification by the Colorado Department of Public Health and Environment. For further information, contact the CDPHE-Prehospital Division at 303.692.2980.
Disclaimer for Nursing Majors with a History of Felony
The Colorado State Board of Nursing, which is responsible for licensing nursing personnel in Colorado, has varied restrictions which may affect those with a history of a felony conviction. The PCC Department of Nursing assumes no responsibility for the denial of licensure by the State Board of Nursing. Prospective students are responsible for contacting the State Board of Nursing at 303.894.2432 concerning any questions regarding their eligibility for licensure.
Disclaimer for Surgical Technology Majors with Criminal History
The State of Colorado Board of Regulatory Agencies requires licensing surgical technologist applicants to answer questions concerning felony history. The PCC Surgical Technology Program assumes no responsibility for the denial of licensure from the State of Colorado Board of Regulatory Agency. For further questions, you may contact the agency at 303.894.7800.
Disclaimer for Occupational Therapy Assistant Majors with a History of Felony
The National Board for Certification in Occupational Therapy (NBCOT) requires applicants to answer questions concerning felony history. This information is then available to states with licensure. The PCC Occupational Therapy Assistant Program assumes no responsibility for the denial of licensure in states in which there are such requirements. For further information, contact the NBCOT at 301.990.7979.
Disclaimer for Radiologic Technology Majors with Criminal History
Applicants are advised that persons with a prior felony, gross misdemeanor or misdemeanor may be declared ineligible for registry certification. The program assumes no responsibility for the denial of registry eligibility due to prior criminal conviction. Applicants who have any questions concerning registration restrictions due to a prior felony, gross misdemeanor or misdemeanor convictions are encouraged to undergo a Pre-application Review of Eligibility for Certification through the American Registry of Radiologic Technologists, 1255 Northland Drive, Mendota Heights, MN 55120; telephone, 651.687.0048.
Disclaimer for Respiratory Care Practitioner Majors with a History of Felony
The State of Colorado Board of Regulatory Agencies requires licensing respiratory therapy applicants to answer questions concerning felony history. The PCC Respiratory Therapy Program assumes no responsibility for the denial of licensure from the State of Colorado Board of Regulatory Agency. For further questions, you may contact the agency at 303.894.7851.
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