CUNY - City College of New York 2021 Student Info

Jonathan Slemp

629 N. High Street

Columbus, OH 43215​

Dear Mr. Slemp:​

I write in response to your request below dated July 9, 2021 pursuant to the New York Freedom of Information Law (N.Y. Public Officers Law §§84-90)​, as follows:

REQUEST: "A file containing the university-affiliated email addresses, first and last names of all enrolled CUNY - City College of New York students as of the Spring 2021 semester. The requested documents will be made available to the general public, and this request is being made for commercial purposes."

Response: Your request is hereby denied in full pursuant to:

(a) N.Y. Public Officers Law §87(2)(a), on the ground that the student information that you have requested is specifically exempted from disclosure by a federal statute – that is, such disclosure would constitute disclosure of education records of such students in violation of the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. §1232g(b). See 34 C.F.R. §99.3 (defining “education records” as those records that are “directly related to a student; and maintained by an educational agency or institution or by a party acting for the agency or institution”). See also Guidelines for the Implementation of the Student Records Access Policy and the Family Educational Rights and Privacy Act (FERPA) (the "FERPA Guidelines") of the City University of New York ("CUNY"); The City College of New York is a constituent college of CUNY and is bound by CUNY's FERPA Guidelines. Specifically, Section III.B.1 of CUNY's FERPA Guidelines provides in relevant part:

​“Address, email address and telephone number may be released only to employees of the University and its constituent colleges for the purpose of conducting legitimate University business. They may not be shared with individuals and organizations outside the University.” [Emphasis added.]

(b) N.Y. Public Officers Law §​§87(2)(b) and ​89(2)(b)(iii), on the ground that disclosure of the requested information would constitute “an unwarranted invasion of personal privacy,” which is defined by the statute to include “sale or release of lists of names and addresses if such lists would be used for solicitation or fund-raising purposes.” The nature of your request leads to the reasonable conclusion that it is covered by this exemption.

In accordance with N.Y. Public Officers Law §89(4)(a), you may appeal this decision in writing within 30 calendar days of the date of this email to:

Derek Davis, Esq.
Senior Vice Chancellor for Legal Affairs and General Counsel
The City University of New York
205 East 42nd Street
New York, NY 10017
ogc@cuny.edu<mailto:ogc@cuny.edu>

Sincerely,

Paul F. Occhiogrosso, Esq.

Executive Counsel to the President

The City College of New York

Wille Administration Building, Rm. 200

160 Convent Avenue

New York, NY 10031

e-mail: pocchiogrosso@ccny.cuny.edu<mailto:pocchiogrosso@ccny.cuny.edu>

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