Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 4 - STUDENT RECORDS › Section 589-004-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				589-004-0100  through
				589-004-0750,
				the following definitions apply:
(1)
			 "Directory Information" means information contained in an education record of a
			 student which would not generally be considered harmful or an invasion of
			 privacy if disclosed. Directory information may include, but is not limited to,
			 the student's name, address, telephone number, date and place of birth, major
			 field of study, participation in officially recognized activities and sports,
			 weight and height of members of athletic teams, dates of attendance, degrees
			 and awards received, and the most recent previous educational institution
			 attended. Each college shall determine what information is designated
			 "directory information."
(2)
			 "Disclosure" means to permit access to or the release, transfer, or other
			 communication of education records, or the personally identifiable information
			 contained in those records, including social security number, to any party, by
			 any means, including oral, written, or electronic means.
(3) "Education Records":
(a) The term means those records that are
			 directly related to a student and maintained by a community college or by a
			 party acting for the community college;
(b) The term does not include:
(A) Records of instructional, supervisory and
			 administrative personnel and educational personnel ancillary to those persons
			 that are kept in the sole possession of the maker of the record, and are not
			 accessible or revealed to any other person except a temporary substitute for
			 the maker of the record;
(B)
			 Records of a law enforcement unit of a community college;
(C) Records relating to an individual who is
			 employed by a community college, that are made and maintained in the normal
			 course of business, that relate exclusively to the individual in that
			 individual's capacity as an employee and that are not available for use for any
			 other purposes. Records relating to an individual in attendance at the college
			 who is employed as a result of his or her status as a student are education
			 records and are not excepted under this subsection;
(D) Faculty records, relating to personal
			 matters of faculty members such as conduct, personal and academic evaluations,
			 and disciplinary actions;
(E)
			 Records on a student who is attending a community college that are:
(i) Made or maintained by a physician,
			 psychiatrist, psychologist or other recognized professional or other recognized
			 professional or paraprofessional acting in his or her professional capacity or
			 assisting in a paraprofessional capacity;
(ii) Made, maintained, or used only in
			 connection with treatment of the student; and
(iii) Disclosed only to individuals providing
			 the treatment. For the purpose of this definition, "treatment" does not include
			 remedial educational activities or activities that are part of the program of
			 instruction at the college.
(F) Records that only contain information
			 relating to activities in which an individual engaged after he or she is no
			 longer a student at that community college;
(G) Medical or nursing records which are made
			 or maintained separately and solely by a licensed health care professional and
			 which are not used for education purposes or planning.