Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6C10 - Florida Gulf Coast University › Chapter 6C10-5 - HUMAN RESOURCES › Section 6C10-5.019 - Personnel Records; Limited Access

Current through Reg. 50, No. 138; July 16, 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.