Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6C1 - University of Florida › Chapter 6C1-1 - GENERAL › Section 6C1-1.019 - University of Florida; Limited Access Records

Current through Reg. 50, No. 138; July 16, 2024
(1) "Limited Access Records" that the
				University maintains on its employees, which shall include Academic Personnel
				(AP), Technical, Executive, Administrative, and Managerial Support (TEAMS)
				staff members, University Support Personnel System (USPS) employees, and Other
				Personnel Services (OPS) employees, shall be confidential. The custodian of
				limited access records may release information from such records only under the
				conditions and to the persons as set forth in this rule, to the President or
				the President's designee in the discharge of official responsibilities, or upon
				order of a court of competent jurisdiction.
(a) For records created on or before July 1,
				1995, "limited access records" shall be defined as those records that reflect
				evaluations of employee performance. Such records shall be open to inspection
				by the employee evaluated and by University personnel responsible for
				supervision of the employee.
(b)
				For records created after July 1, 1995, "limited access records" shall be
				defined as:
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 (except records comprising
				the common core items contained in the State University System Assessment of
				Instruction instrument), TIP, compression/inversion, other faculty awards, and
				merit increases. Such records shall be open for inspection by the employee
				evaluated and by University personnel responsible for the supervision or
				evaluation of the employee.
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.