Current through Reg. 50, No. 187; September 24, 2024
(1)
Policy.
(a) The University maintains the
employment records and other employee information on each of its employees,
Faculty, Administrative and Professional (A & P) including the Executive
service, University Support Personnel System (USPS) and Other Personal Services
(OPS) employees.
(b) The employment
records are maintained in the office or department of the University's records
custodians. For Faculty, the records are maintained by the Office of the
Provost and Dean of the school or college in which the faculty member is
employed. For A & P, USPS and OPS employees, the records are maintained by
the Office of the Director of Personnel Relations.
(c) Any records or portions which are
otherwise confidential by law shall continue to be exempt from the provisions
of Section 119.07(1),
F.S.
(d) Except as required for use
by the President or President's designee in the discharge of his or her
official responsibilities, the custodian of limited-access records may release
information from such records only upon authorization in writing from the
employee or upon order of a court of competent
jurisdiction.
(2) This
rule prescribes the contents and custody of limited-access records that the
University maintains on its employees. Such limited access records are
confidential and exempt from the provisions of Section
119.07(1), F.S.
Those records are limited to:
(a) Records
containing information reflecting academic evaluations of employee
performance.
(b) Records maintained
for the purposes of any investigation of employee misconduct, including a
complaint against an employee and all information obtained pursuant to the
investigation of such complaint, shall be confidential until the investigation
ceases to be active or the University provides written notice to the employee
that it has:
1. Concluded the investigation
and is not proceeding with disciplinary action;
2. Concluded the investigation with a finding
to proceed with disciplinary action; or
3. Issued a letter of
discipline.
(3)
An investigation is presumed inactive if no finding is made within ninety (90)
days after the complaint is filed. Records maintained for the purposes of any
disciplinary proceeding are confidential until a final decision is reached. The
record of proceeding and evidence presented are open to inspection by the
employee at all times.
(4) Records
maintained for the purposes of a grievance proceeding brought by an employee
for enforcement of a collective bargaining agreement or contract are
confidential until a final decision is reached.
(5) 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.
Rulemaking Authority
240.227(1),
(27),
240.253(1) FS.
Law Implemented 119.07,
240.227(5),
240.253
FS.
New 6-3-01.
