Records on Campus: “Privacy vs. Public Records…the Balancing Act” Jodi Adamchak, R.B. Friedlander, Jane Haughney January 31, 2008

The Laws Florida Statutes, Chapter 286, the “Open Meetings Law,” often referred to as the “Sunshine Law” protects the public from “closed door” decision making and provides a right of access to governmental meetings. Florida Statutes, Chapter 119, the “Public Records Law,” creates a right of access to records made or received in connection with official business of a public body.

Public Records Law Application Public records law applies to USF records Applies to all types of records including letters, notes and e-mails To be broadly construed, exemptions narrowly construed

Public Records Exemptions USF records which are exempt from public disclosure include: Social Security numbers Medical information Personnel information prior to 7/1/95 Academic evaluation of job performance Disciplinary records while discipline is in process Student records under FERPA Certain research records

Public Records Generally Requests can be: Verbal or written Made by any person USF has a “reasonable” time to respond USF can charge the cost of retrieving records to the requestor if the amount requested is voluminous Brief discussion of some records not subject to disclosure

FERPA & RELATED STATUTES Family Education Rights and Privacy Act: 20 USC 1232(g) (U.S. Code) Federal Register Enabling FERPA: 34 CFR 99 (Code of Federal Regulations) Florida Definition of Student Records: Fla. Statute 1002.22 Florida Public Record Law: Fla. Statute 119.001

FERPA APPLIES TO… All schools that receive federal funding under most programs administered by the Secretary of Education. FERPA regulates: (a) the privacy aspect of the records in keeping them from the public and (b) the right to access afforded the student.

FROM THE STUDENT PERSPECTIVE Three primary rights afforded to the student are: right to inspect and review records; right to seek amendment of the records; right to consent to disclosures of information unless the disclosure falls into one or more of the exceptions under 34 CFR 99.31.

Recap:

Public Records vs. Student Records Florida Statutes Chapter 119 Family Education Rights and Privacy Act 20 USC 1232 (g) Florida Statute 1002.22 Creates a Right of Access to records made or received in connection with the official business of a public body Exempts from public records: Educational Records Other Exemptions: Broadly defines educational records but allows disclosures for specific reasons SS# Medical/Psychiatric Purely Personal Disciplinary Investigations

Release of documents via legal process – Typical Questions: What do I do when a process server appears and insists on serving me with legal documents? Direct the process server to the office of the General Counsel. If the process server “drops and runs” fax the documents to 974-5236. Legal documents often have time deadlines so please fax the documents the day you receive the documents.

I received a letter/telephone call from an attorney/reporter asking for medical records, personnel records, payroll records, student records and all emails relating to one of my employees. What do I do now? Save all emails responsive to the request by printing or archiving the emails in a folder if the e-mails are numerous; Pull the responsive personnel records; Redact confidential information (SSN); Forward the medical record request to the Medical Clinic attention Patty Rhodes or send to the Office of the General Counsel and call 974-2131 at the General Counsel’s Office for more specific advice.

and to produce medical records. What do I do?   I received a telephone call/letter asking me to provide dates and times for a deposition and to produce medical records. What do I do? You may handle calendar issues directly with the attorney’s office but do not release any confidential information to the attorney. The medical records can only be released with a court order, written authorization or proof that the requestor has informed the patient and that the patient has not objected to the release of the records. Forward the medical record request to the Office of the General Counsel or to Patty Rhodes at the USF Medical Clinic, MDC 33, prhodes@umsa.usf.edu; fax # 974-7370.

What if… I can…  I have been out of the office and just discovered a request for records and a subpoena for deposition/trial that has not been calendared or processed. The deadline for producing the records has passed and the deposition/trial is set at a time I cannot attend. Contact the attorney’s office with at least three alternate dates and times for the deposition or to discuss when you can testify during the trial. You do not need to discuss any confidential information at this time-just arrange for your appearance. Fax the documents to the Office of the General Counsel’s Office for processing. If the documents were sent to you by the Office of the General Counsel, follow the instructions in the cover memo. You may be able to bring the records to the deposition/trial or the records may have already been produced by a USF record custodian. You can be subject to contempt if you do not appear at trial/deposition.

hypothetical: Local newspaper contacts the University Office of Admissions and requests a list of all faculty and students involved in an academic support service and how much the faculty are paid for that additional service? National organization seek all USF research contracts entered in 2007. A candidate for a job you just received at USF seeks your salary and personnel file

Frequently asked questions: Do I have to speak to a parent or attorney about a student’s performance?  Who produces records that are subject to a public records request?  Is it permissible for students to fax or electronically sign a release?