Admissions and Student Information
47 • Other consequences deemed appropriate to the specific violation
Appeal Process The Complainant or Respondent has a right to a final appeal to the President: •
Each party has the right to appeal the outcome of the hearing to the College President.
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Upon receipt of the hearing decision, both parties have five (5) College business days to submit a notice requesting an appeal. For students, this notice must be submitted in writing to the Office of the Vice President for Student Services. For employees, this notice must be submitted in writing to the Office of the Executive Director of Human Resources.
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If an appeal is requested, both parties will be notified.
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The President will conduct a document review which does not include a new hearing but shall consist of evidence presented at the hearing along with a recording of the proceeding.
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The President will affirm, modify, or reject the decision and/or sanctioning. The President’s decision will be final and notification of the decision will be sent directly from the President’s office to each party.
Records Retention Records Retention for Students and Employees 1. Students - All documentation will be stored in the Vice President for Student Services’ office for a period of seven years at which point the documentation will be moved to an electronic version to be retained permanently. 2. Students - In cases where the Respondent is found responsible for violating the Non-Discrimination and Harassment Policy, this information will be considered as a disciplinary record with the College. 3. Employees – Personnel files are retained for 30 years. If the action taken is informal counseling, this does not become part of the permanent record. 4. Civil Rights files are maintained for a minimum of two (2) years. Pursuant to Board Policy 111, this procedure must be followed when dealing with non-discrimination and harassment.
Privacy of Student Records The Family Educational Rights and Privacy Act (FERPA) gives students the following rights with respect to their education records:
1. The right to inspect and review the student’s education records within 45 days after the day A-B Tech receives a request for access. Any such requests should be submitted in writing to the Records and Registration Office, either by email to registrar@abtech.edu or by hand-delivering or mailing a letter to: Records and Registration, K. Ray Bailey Student Services Building, 340 Victoria Rd., Asheville, NC 28801. The written request must identify the record(s) the student wishes to inspect. The Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Registrar, the Registrar shall advise the student of the correct official to whom the request should be addressed. 2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Any such requests should be submitted in writing to Records and Registration, either by email to registrar@abtech.edu or by hand-delivering or mailing a letter to: Records and Registration, K. Ray Bailey Student Services Building, 340 Victoria Rd., Asheville, NC 28801. The written request must identify the part(s) of the record the student wants changed, and specify why it should be changed. If A-B Tech decides not to amend the record as requested, A-B Tech will notify the student in writing of the decision and the student’s 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. 3. The right to provide written consent before A-B Tech discloses personally-identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. 4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by A-B Tech to comply with the requirements of FERPA. As a general rule, a student’s parents/guardians do not have access to a student’s education records. When a student turns 18 years old or enrolls at an institution of postsecondary education (such as A-B Tech), a student’s rights under FERPA transfer from the parent to the student. In order for parents to have access to a student’s education records, beyond Directory Information and without written permission from the student, a parent must certify that the student is economically dependent as defined in Section 152 of the Internal Revenue Code of 1986. If a parent can prove dependency to the Records and Registration Office by showing a copy of the parent’s most recent tax return or other acceptable documentation, then the parent may have full access to the student’s education records. Catalog 2021-2022
