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(Non-student initiated)
Subpoena Intake Process
Upon receipt of the subpoena requesting student records:
- Immediately provide the original subpoena, mailing envelope, and documents to the ACE Registrar and the Office of Regulatory Affairs and Compliance (ORAC) for confirmation.
- Registrar will note the date of receipt, requesting party, the scope of the student records request, the due date for the student records request, and the validity of fulfillment of the request.
Following completion of the above, Registrar will:
- Confirm the student’s current or last known address as named in the records request.
- Send a FERPA Release Notice to the student through the official ACE email with a delivery and read receipt notice.
Following notification to the student, Registrar will wait for 48 hours and then:
- Make two (2) copies of all student records information to be sent to the requesting party as noted in the subpoena, specifically, a copy of the subpoena, a copy of the notification to the student, and a response to the subpoena.
- One set is for the requesting party.
- One set is for the student file.
- Respond to requesting party by certified mail or requested return receipt for confirmation of delivery and receipt-note the date of submission and copy of delivery information.
Records Request with Authorization and Consent
- Immediately provide the original request, mailing envelope, and all documents to the ACE Registrar.
- Registrar will note the date of receipt, requesting party, the scope of the student records request, the due date for the student records request, and the validity of fulfillment of the request.
To confirm the authorization, Registrar will:
- Confirm the student’s current or last known address as named in the records request.
- Send a FERPA Release Notice to the student through the official ACE email with a delivery and read receipt notice.
Following notification to the student, Registrar will wait for 48 hours and then:
- If a FERPA release form has not been returned, Registrar will attempt to contact the student to verify the received request.
- Upon receipt of the FERPA release form or verbal verification, Registrar will respond to the authorized requesting party.
- The registrar will maintain all records with the request, FERPA release form, and delivery confirmation.
Resources:
Records Release Notification
FERPA Release Notice
Solomon ACT: DOD Request for Information
The Solomon Amendment (10 U.S.C. §983, effective January 2000) is a federal law that mandates that colleges provide student recruiting information upon request to military recruiting organizations. The request and information released by the college is limited to military recruiting purposes only. The request for information must be in writing on letterhead that clearly identifies the military recruiting organization. The organization must be one of the following:
- Air Force
- Air Force Reserve
- Air Force National Guard
- Army
- Army Reserve
- Army National Guard
- Coast Guard
- Coast Guard Reserve
- Navy
- Navy Reserve
- Marine Corps
- Marine Corps Reserve
The release of student recruiting information follows the FERPA guidelines defining student directory information. Students are not permitted under federal law to restrict the release of this information specifically to military organizations, but if students withhold the release of directory information generally, then the College may not release this information to military organizations.
- Upon receipt of Department of Defense entity letter requesting student recruiting information under the Solomon Amendment:
- Immediately provide letter, mailing envelope, and documents to the ACE Registrar. Registrar may also provide to Office of Regulatory Affairs and Compliance for confirmation of validity or concerns with fulfillment of request.
- Registrar will verify that the request letter was sent on an Armed Services branch standard letterhead (see guide below) and must cite the Solomon Amendment as the legal authority to request student recruiting information.
- (Note) Department of Defense branches may request student recruitment information once each term or semester for each of the 12 eligible units the Armed Services:
- Army: Army, Army Reserve, Army National Guard
- Navy: Navy, Navy Reserve
- Air Force: Air Force, Air Force Reserve, Air Force National Guard
- Marine Corps: Marine Corps, Marine Corps Reserve
- Coast Guard: Coast Guard, Coast Guard Reserve
- Registrar will also verify that the scope of information is limited to the defined list of “student recruiting” information, as follows:
- current student’s name
- address
- telephone
- age
- academic level (i.e., bachelor, master, doctorate)
- major
- degree(s) received for recent graduates
- previous institution attended
- (Note) The institution is only required to report what it collects as Directory information (i.e., if College does not collect age during enrollment, then College cannot provide)
- Registrar will contact the requesting party to indicate receipt of official request, and will;
- Verify sender’s identity by telephone.
- Request clarification of the scope of the request based on-the-fact that ACE is an on-line College that does not have a physical main, or branch campus, in the United States. Which they may not be aware of.
- If cancelled, then disregard and archive the request.
- If scope of request is changed, then request a new signed and dated letter with the revised scope. The request should specify whether the information needed is for the current or previous semester.
- Verify and confirm intended delivery method as password protected file/ or via USPS.
- Following completion of the above, Registrar will:
- Assemble requested student documentation, noting the following consideration:
- (Note) Under FERPA - Students and parents of minors can request that the College restrict the release of his/her Directory information unless prior written consent is obtained. Students or parents of minors who have requested that Directory information be withheld must be removed from the list.
- Email password protected student recruiting information file (or USP) as previously specified with request for a confirmation of receipt acknowledgement.
- Archive copy of request, the student file provided, and any communications for later recall.
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