Or. Admin. Code § 589-004-0100 - Definitions

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.

(4) "Oregon Community College Unified Reporting System (OCCURS)" describes an informal consortium of community colleges, the Office of Community Colleges and Workforce Development and the Oregon Community College Association, acting together to provide standard data and reporting formats necessary to improve community college programs, evaluate program effectiveness, and report to various governing bodies and agencies. OCCURS staff and committees acting in support of OCCURS are agents of the consortium members for the purposes of OAR 589-004-0150 through 589-004-0750.

(5) "Party" means an individual, agency, institution, or organization.

(6) "Personally Identifiable Information" includes, but is not limited to:

(a) The student's name;

(b) The name of the student's parent, children, spouse or other family members;

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

(d) The telephone number of the student or the student's family;

(e) A photograph of the student;

(f) A personal identifier, such as the student's social security number or student number;

(g) A list of personal characteristics that would make the student's identity easily traceable; or

(h) Other information that would make the student's identity easily traceable.

(7) "Record" means any information recorded in any way, including but not limited to handwritten, printed, taped, filmed, microfilmed, microfiched, electronically and/or digitally recorded.

(8) "Student" means any individual who is or has been in attendance at an Oregon community college and regarding whom the college maintains education records.

Notes

Or. Admin. Code § 589-004-0100

EB 7-1994, f. & cert. ef. 4-29-94; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0410; DCCWD 5-2015, f. & cert. ef. 10/30/2015

Stat. Auth.: ORS 326.051, 341.015 & 341.290(17)

Stats. Implemented: ORS 341.290