Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6C9 - University of North Florida › Chapter 6C9-4 - PERSONNEL › Section 6C9-4.1010 - University of North Florida; Personnel Records - Limited Access

Current through Reg. 50, No. 138; July 16, 2024
(1) Employment records and other employee
				information maintained by the University are subject to the provisions of this
				rule and may also be subject to other laws or regulations that limit public
				access to the records or parts thereof.
(2) The Director of Human Resources is the
				custodian of the central personnel files of University employees. All requests
				for inspection and/or duplication of personnel records must be made to the
				Office of Human Resources. Personnel files of faculty, undergraduate student
				employees and other employees will be under the custodial responsibility of the
				respective vice presidents, deans or directors. The custodians of such records
				are responsible for designating, in a manner consistent with the provisions of
				this rule, those University personnel who have access to limited access records
				and other employee materials not open to the public. Any University personnel
				who have access to such records and materials shall maintain their
				confidentiality.
(3) Records which
				are identified in this rule as "limited access" records are confidential and
				are not subject to inspection under the provisions of Section
				119.07(1), F.S.
				Limited access records shall be available for inspection only by the employee
				who is the subject of the records, the employee's representative, university
				officials who use the information in carrying out their responsibilities, peer
				committees responsible for evaluating employee performance, and arbitrators or
				others engaged by the parties to resolve disputes, or by others by court order.
				For the purposes of this rule, limited access records shall include:
(a) For Records created on or before July 1,
				1995 - Any and all records reflecting evaluations of employee
				performance.
(b) For Records
				created after July 1, 1995:
1. Records that
				reflect "academic" evaluations of employee performance. "Academic" for the
				purposes of this rule means performance evaluation documents regarding
				employees designated as Academic Personnel (AP), employees in the General
				Faculty pay plan prior to the implementation of the AP classification, or other
				employees subject to the faculty or academic personnel evaluation process.
				Examples of such records are those resulting from academic evaluation processes
				such as tenure, promotion, annual evaluation, student evaluation of teaching,
				Teaching Incentive Program (TIP), compression/inversion, other faculty awards,
				and merit increases.
2. Records
				maintained for the purposes of any investigation of employee misconduct. Such
				records shall be confidential until the investigation ceases to be active, the
				University concludes the investigation with a finding to proceed or not to
				proceed with disciplinary action, or the University issues a letter of
				discipline. The records shall be open to University personnel conducting the
				investigation, the administrator responsible for the appointment and assignment
				of the employee investigated, and their respective designees. To the extent
				necessary to meet the due process requirements of applicable University rules,
				policies, or collective bargaining agreements, certain records of the
				investigation may be open to the employee investigated at the time indicated in
				the applicable rules, policies, or agreements. A notice of proposed
				disciplinary action is confidential until a letter of discipline is issued or a
				decision is made not to proceed further with disciplinary action.
a. An investigation is presumed inactive if
				no finding is made within ninety (90) days, but the University may overcome
				that presumption through appropriate documentation in the records.
b. 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, retain their confidential status even after the
				investigation is closed.
3. Records maintained for the purposes of any
				disciplinary proceeding brought against an employee or of any grievance
				proceeding for enforcement of a collective bargaining agreement. Such records
				shall be confidential until a final decision is made in the proceeding. The
				records shall be open to University personnel conducting the proceeding, the
				administrator responsible for the appointment and assignment of the employee,
				and other University personnel representing the University in the proceeding.
				The record of the proceeding itself, including any evidence presented during
				the proceeding, is open to inspection by the
				employee.