Current through Reg. 50, No. 187; September 24, 2024
(1) The Director of Human Resources is the
official custodian of all Administrative and Professional, Executive Service,
University Support Personnel System and Non-Adjunct Other Personal Services
(OPS) University personnel records. The Vice President for Academic Affairs is
the official custodian of all Faculty and Adjunct OPS University personnel
records. The official custodian for these personnel records shall designate
those staff members and University officials who shall have access to the
records of University personnel. In accordance with Florida law, the University
designates the following records as "limited-access records" which are
confidential and exempt from the provisions of Section
119.07(1), F.S.
Such limited-access records shall be open to inspection by the employee who is
the subject of the records, by University officials responsible for the
supervision of the employee, and by the President as required for use in the
discharge of his/her official responsibilities.
(a) Academic evaluations - Personnel records
created after July 1, 1995 and containing information reflecting academic
evaluations of an employee's performance such as, but not limited to, tenure,
promotion, annual evaluation, Teacher Incentive Program, faculty awards, merit
increases and student course evaluation except as noted herein, are designated
as limited-access records. Records comprising the common core items contained
in the State University System Student Assessment of Instruction instrument are
not provided limited-access status. The summary results of the common items, by
course, shall be open for inspection in accordance with Chapter 119, F.S.
However, the raw data gathered on the forms completed by the students are
limited-access documents and not subject to public inspection.
(b) Investigations of misconduct - Records
created after July 1, 1995 and maintained for the purposes of any investigation
of an employee's alleged misconduct, including but not limited to a complaint
against an employee and all information obtained pursuant to the investigation
thereof, shall be confidential until the investigation ceases to be active or
until the University provides written notice to the employee who is the subject
of the complaint that the University has either (i) concluded the
investigation, whether or not the conclusion contains a finding to proceed or
not to proceed with disciplinary action, or (ii) issued a letter of discipline.
For the purpose of this paragraph, an investigation shall be considered active
for as long as it is continuing with a reasonable, good faith anticipation that
a finding will be made in the foreseeable future. There shall be a rebuttable
presumption that an investigation is inactive if no finding is made within 90
days after the complaint is filed.
(c) Disciplinary proceedings - Records after
July 1, 1995 and maintained for the purposes of any disciplinary proceeding
brought against an employee shall be confidential until a final decision is
made in the proceeding. The record of any disciplinary proceeding, including
any evidence presented, shall be open to inspection by the employee at all
times.
(d) Grievance proceedings -
Records created after July 1, 1995 and maintained for the purposes of any
grievance proceeding brought by an employee for enforcement of a collective
bargaining agreement or contract shall be confidential and shall be open to
inspection only by the employee and by University officials conducting the
grievance proceeding until a final decision is made in the proceeding. A
decision shall be "final" for the operation of this rule when an arbitration
decision has been issued, or when a step decision has been issued and the time
for appeal to the next step has expired without further
appeal.
(2)
Notwithstanding the foregoing, any records or portions thereof which are
otherwise confidential by law shall continue to be exempt from the provisions
of Section 119.07(1), F.S.
In addition, for sexual harassment investigations, portions of such records
which identify the complainant, a witness, or information which could
reasonably lead to the identification of the complainant or a witness are
limited-access records.
(3) Except
as noted above, the custodian of limited-access personnel records may release
information from such records only upon authorization in writing from the
employee or upon order of a court of competent
jurisdiction.
Rulemaking Authority
240.227(1),
240.253 FS. Law Implemented
240.253
FS.
New 4-17-97, Amended
12-19-99.
