Rights, Record, and Learner Privacy

Learner Record Management Policy

Nexford University mandates the retention of learner academic and course records for specified periods, with access and management restricted to authorized personnel only. These records must be handled in accordance with the guidelines set forth in this policy.

This policy outlines the minimum retention periods for records and designates the appropriate authorities responsible for their access and maintenance. Its purpose is to:

Fulfill business and legal requirements
Safeguard the privacy of learner records and personally identifiable information
Optimize storage space and minimize costs associated with record retention
Ensure the timely deletion or destruction of outdated or unnecessary records

Retention periods for specific academic records may be extended for various reasons including government regulation, judicial or administrative orders, contracts, pending or anticipated litigation, or audit requirements. In such cases, any changes to the record retention schedule will take precedence over the standard retention periods and will be clearly documented. When necessary, the designated learner records administrator, or designee, will provide guidance on which non-current records of enduring value should be transferred to the University archives.

Purpose

The purpose of this policy is to guide the University in making informed decisions regarding the retention and disposal of academic information. It establishes procedures for the access, maintenance, retention, preservation, and disposal of academic records.

Academic Record

An academic record refers to any document or data containing academic or course related information regardless of format (e.g., paper, digital, photographic, recordings, etc.). Typical academic records include transcripts, admission documents, waivers, and other items found in learner files, as well as instructor grade books, final exams, and more. Records will be retained, archived, or destroyed based on the retention periods defined in this policy.

Retention Schedules

A retention schedule outlines the minimum required duration for retaining specific records before they are deleted, destroyed, or preserved in archives. It serves as a guideline for determining when records should be disposed of or transferred for long-term preservation.

Retention Period

The retention period is the minimum length of time that records must be maintained. Records may be retained beyond this period but should not be disposed of before the specified retention period has elapsed.

Records Destruction

Records destruction refers to the physical or electronic disposal of a record once it has become obsolete or is no longer needed, in accordance with this policy.

Litigation Hold

A litigation hold is a directive issued in response to ongoing or anticipated litigation, audits, government investigations, or similar matters. It suspends the normal process regarding the retention and disposition of University records.

Roles and Responsibilities

All employees, faculty, and staff members of the University are responsible for familiarizing themselves with and adhering to the provisions outlined in this policy.

Learner Privacy and Confidentiality

As members of our academic community who adhere to the highest levels of academic integrity and protection of learner privacy, all employees and faculty members ensuring learner records are accessed only as permitted under §99.31 of FERPA, the Family Educational Rights and Privacy Act. More information on FERPA can be found here.

Nexford University’s Learner Privacy and Confidentiality Policy outlines specific standards and practices regarding the collection, use, and protection of learners’ personal information. This policy applies to all current and prospective learners, faculty, staff, and third parties who interact with Nexford University in the context of the programs offered. By enrolling in the University’s programs, learners acknowledge that they have read, understood, and agree to the terms of this Privacy and Confidentiality Policy.

Nexford University defines personal information, confidential information, and educational records as follows:

Personal information. Any information that can identify an individual, such as name, address, date of birth, academic records, and contact information.
Confidential information. Any information that is not publicly available and is protected from unauthorized disclosure.
Educational records. Records directly relating to a learner and maintained by the University or a party acting on its behalf, as defined by the Family Educational Rights and Privacy Act (FERPA).

Nexford University is committed to maintaining the privacy and confidentiality of all personal information collected in compliance with FERPA.

Learner Privacy and Confidentiality

Nexford University collects personal information through various means, including:

Application forms
Enrollment processes
Course registrations
Communications (emails, phone calls, synchronous meetings, complaints)
Online learner portals and surveys

Use of Personal Information

Nexford University uses personal information for the following purposes:

Processing applications and admissions decisions
Enrolling learners in programs and courses
Maintaining academic records
Communicating with learners about program-related matters
Providing support services
Complying with legal and regulatory requirements
Conducting research and analysis for continuous improvement

Protection of Personal Information

Nexford University employs a range of security measures to protect personal information, including:

Secure electronic data storage systems
Physical security measures for hard copy files and records
Access controls and authentication protocols
Regular security audits and assessments
Staff training in data privacy and confidentiality

Disclosures of Personal Information

Personal information may be disclosed to third parties only under the following circumstances:

With the explicit consent of learners
To comply with legal obligations
To authorized service providers who support institutional operations (e.g., IT services, mailing services)
To partners in collaborative programs or academic exchanges, with prior notifications to learners
As permitted or required under FERPA, including disclosures to:
- University officials with legitimate educational interests
- Other institutions where learners seek to enroll
- Appropriate parties in connection with financial payments
- Accrediting organizations
- Compliance with a judicial order or lawfully issued subpoena
- Appropriate officials in cases of health and safety emergencies

Learner Rights Under FERPA

Learners have the following rights under FERPA:

The right to inspect and review their educational records within 45 days of submitting a written request to the Registrar’s Office.
The right to request the amendment of educational records they believe are inaccurate or misleading by submitting a written request to the Registrar’s Office, specifying the inaccuracy or misleading information.
The right to consent to disclosures of personally identifiable information contained in their educational records, except to the extent that FERPA authorizes disclosure without consent.
The right to file a complaint with the US Department of Education concerning alleged failures by Nexford University and to comply with FERPA requirements.

Retention of Personal Information

Personal information is retained only for as long as necessary to fulfill the purposes outlined in this policy, or as required by law. When personal information is no longer needed, it will be securely destroyed.

Data Breach Notification

In the event of a data breach that compromises personal information, Nexford University will promptly notify affected individuals and take appropriate steps to mitigate the impact and prevent future breaches.

Statement of Learner Rights

Nexford University is dedicated to academic excellence and supporting the communities we serve. Our goal is to provide all learners with equal opportunities to reach their potential through high-quality programs. As an academic community, we value the following principles:

The right to personal and intellectual freedom
The right to be treated with dignity and respect
The right to equal rights and protection within the University

We expect learners to understand and follow University policies, as well as comply with legal and ethical standards, including those of the University and its regulators and accreditors.

Learners have the right to pursue their studies without undue interference, voice concerns, and seek fair treatment. They are also entitled to be themselves, receive respect, and get thoughtful guidance when needed.

Complaint/Grievance Procedure

The Learner Complaint Policy provides a structured process for learners to seek resolution of disputes or complaints. In most cases, issues can be resolved through discussions with faculty or a Success Advisor. Learners have the right to seek help or resolution if they feel that they have been unfairly treated based upon the policy and procedures of the University and were unable to resolve the situation. Learners must submit their complaint to the University Review Committee (URC) at urc@nexford.edu and include the following information:

A detailed description of the complaint
Steps taken to resolve the issue
Any relevant supporting documentation

Upon receiving a complaint, the URC will investigate the matter and provide a decision to the learner within five business days.

Grievance Policy

In the unlikely event that the learner’s complaint was not resolved to their satisfaction, the learner should submit a grievance to the Chief Academic Officer (CAO) at grievance@nexford.edu. The grievance should include all documentation and attempts to resolve the situation including the URC decision. The CAO will investigate the grievance and communicate with the appropriate learners and employees to address the problem as warranted.

Resolution of the grievance will occur once the final response or outcome is determined. The learner who filed the grievance will be notified of the decision of the CAO.

Complaints

CAO decisions are final. For issues that cannot be resolved directly with Nexford University, learners may file a complaint with the District of Columbia Office of the State Superintendent of Education, Higher Education Licensure Commission, following the instructions on its website, Office of the State Superintendent of Education or by telephone at (202) 727-6436.

Pursuant to DC Official Code §38-1306(c)(4) complaints may be filed with the Higher Education Licensure Commission (HELC, Commission) against postsecondary educational institutions operating in the District of Columbia. Consumers who have experienced a violation of the HELC statute or regulations should complete this form and submit all supporting documents. This form must be signed and dated by the individual making the complaint and should be mailed:

Office of the State Superintendent of Education

Higher Education Licensure Commission

1050 First Street, NE, Fifth Floor

Washington, D.C. 20002

Complaints are made available to the institution/alleged violator so that they may file a response to the allegations. The HELC cannot respond to anonymous complaints. Investigation and resolution of complaints take varying amounts of time. Upon completion of an investigation, the complainant will receive notice of any proposed actions.

Learners may also contact the Distance Education Accrediting Commission (DEAC) to file a complaint. Learners may also contact the DEAC at 1101 17th Street NW, Suite 808 Washington, D.C. 20036 and at https://www.deac.org/. Telephone: (202) 234-5100

DEAC’s Online Complaint System enables individuals to file a complaint directly using the DEAC website.

The complaint form is found at https://www.deac.org/student-center/complaint-process/. Written complaints will also be accepted by mail or other form of effective delivery to DEAC, provided they include (1) the complainant’s name and contact information (2) the basis of any allegation of noncompliance with DEAC standards and procedures; (3) all relevant names and dates and a brief description of the actions forming the basis of the complaint; (4) copies of any available documents or materials that support the allegations; and (5) a release authorizing DEAC to forward a copy of the complaint, including identification of the complainant(s) to the institution.

Graduate Access

Graduates of degree programs from the University can have continuous access to Canvas, their academic records, and the full suite of LinkedIn Learning content for only a $10 monthly fee after their graduation date.

All notifications to alumni are sent via the email address learners provide during their initial enrollment. Nexford graduates are strongly encouraged to remain connected to the University and to participate in alumni networking events to promote their careers and to benefit from Nexford alumni services.

Nondiscrimination/Equal Opportunity

Nexford University is committed to the principle of equal opportunity for all. The University prohibits any discrimination, on the basis of national origin, race, color, religious beliefs, sex (including pregnancy, childbirth, related medical conditions, and breastfeeding), citizenship status, genetic information, gender identity, family duties, age, disability, veteran status, marital status, sexual orientation, personal appearance, political affiliation, credit information, tobacco use, or status as unemployed, in its educational and employment programs, policies, practices, and procedures.

Discrimination is defined as treating members of a protected class less favorably because of their membership in that class or employing a policy or practice that has a disproportionately adverse impact on the members of a protected class. The University complies with all federal and state non-discrimination, equal opportunity and affirmative action laws, orders and regulations, including Title IX of the Civil Rights Act. This non-discrimination policy applies to admissions, employment, access to and treatment in University programs and activities.

Non-Retaliation

Learners have the right to bring any grievances they may have to the attention of University officials, including the filing of formal complaints, avoidance of any fear that they may experience unfair treatment in response. Moreover, the US Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that: “No person in the US 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 financial assistance.” Nexford University is committed to upholding the law and ensuring that its non-retaliation policy applies equally to all members of the Nexford community (learners, faculty, and staff) and tolerates no discrimination on the basis of sex.

The University takes all learner grievances very seriously and will make every effort to thoroughly investigate them and to act on them with fairness and impartiality. If a learner feels as though he or she has been unfairly treated after bringing a grievance forward, they should notify the University Review Committee (URC) at urc@nexford.edu by sending an email thoroughly describing the nature of the concern and that includes, as appropriate, any supporting documentation. The URC will investigate the concern and report both its findings and a recommendation to the Chief Academic Officer (CAO). It is at the discretion of the CAO whether to accept the committee’s recommendation. Every effort is made to investigate grievances in a timely manner; complainants are apprised of the URC’s progress throughout. While a review process is pending, complainants should speak with a Success Advisor (SA) about how best to proceed. Depending on the nature of grievance, continued participation in coursework may or may not be appropriate; SAs will work with learners to determine the appropriate course of action. Decisions of the CAO are final. If a complainant wishes to pursue a grievance further, they may file a complaint with the District of Columbia Office of the State Superintendent of Education, Higher Education Licensure Commission, following the instructions on its website.

Sexual Misconduct and Harassment

Nexford University is committed to providing its learners and staff with an environment in which they can learn and work without concerns about the possibility of mistreatment, preferential treatment, conflicts of interest, undue influence, favoritism, or any other types of harassing behavior. It is the policy of the University, furthermore, that no faculty, advisors, or administrative staff have consensual romantic or sexual relationships with any Nexford learner during the period of that learner’s enrollment in the University. The sole exception to this rule is prior ongoing relationships, which Nexford staff are expected to disclose to the University.

Sexual harassment by any member of the Nexford community is a violation of University policy and will not be tolerated. Sexual harassment is defined as unwelcome sexual advances or overtures; or explicit or implicit requests for sexual favors (through any means of communication — in person or electronically). Sexual harassment can be perpetrated against persons of any sexual orientation, and between persons of the same orientation. It can also be perpetrated between peers in the University (for example, two learners) or between persons with different statuses (for example, a professor and a learner). The University will not tolerate any forms of harassment, regardless of any power differentials between perpetrators and victims. All forms of harassment are equally unacceptable, and any harassment claims will be thoroughly investigated and acted upon. Members of the University community are encouraged to report any instances of sexual misconduct or harassment to their Human Resources Business Partner, who is trained to handle such matters sensitively and in accordance with applicable laws and University regulations.