Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6C13 - Florida Polytechnic University › Chapter 6C13-6 - PERSONNEL › Section 6C13-6.008 - Personnel Records and Limited-Access Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. The purpose of this rule is to
				establish clear policy and procedures for access to personnel records and other
				employee information maintained by the University.
(2) Personnel Records and Sunshine Law.
				Personnel 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 and regulations that limit public access to such records or parts thereof.
				All requests for inspection or duplication of personnel records must be made to
				Human Resources.
Generally, University personnel records are public records
				  and under the Sunshine Law are open for public inspection; however, University
				  personnel records may contain confidential information, such as limited-access
				  records (as described below), social security numbers, health information,
				  and/or other information which is exempt from public inspection or disclosure
				  by Florida law. Therefore, prior to allowing inspection of or providing copies
				  of any personnel records, such records must be sent to the Office of the
				  General Counsel to ensure that the confidential information has been redacted.
				  Copies of the public records will be furnished upon request at a cost as
				  provided in Section 119.07(4),
				  F.S.
(3) Limited-Access
				Records. "Limited-access" records are confidential and are not subject to
				public inspection under the provisions of Section
				119.07, F.S. During the time the
				limited-access records are deemed confidential, the custodian of the
				limited-access records may allow inspection of the records or release
				information from the records only upon receiving the employee's written
				authorization or upon receiving an order from a court of competent
				jurisdiction.
For purposes of this rule, limited-access records shall
				  include:
(a) Records that contain
				information reflecting "academic" evaluations of employee performance. For
				purposes of this rule, "Academic evaluations" means performance evaluation
				documents regarding an employee who is designated as academic personnel, or is
				subject to the faculty or academic personnel evaluation process.
Examples of such records include records resulting from an
				  academic evaluation process such as: promotion, annual evaluation, student
				  evaluation of teaching (except records comprising the common core items
				  contained in the State University System Assessment of Instruction instrument),
				  teaching incentive programs, compression/inversion, other faculty awards, and
				  merit increases.
Records comprising the common core items contained in the
				  University Student Assessment of Instruction, or comparable instrument, are not
				  limited-access records. The summary results of the common core items, by
				  course, shall be open for inspection in accordance with Chapter 119, F.S.;
				  however, raw data gathered on the forms that have been completed by the
				  individual students is limited-access information.
(b) Records maintained for the purposes of
				any investigation of employee misconduct. Records maintained for the purposes
				of an investigation of employee misconduct (the complaint and all information
				obtained pursuant to the investigation of such complaint) shall be confidential
				only until such time as the investigation ceases to be active, or the
				University provides written notice to the employee who is the subject of the
				complaint that the University has either concluded the investigation with a
				finding to proceed or not to proceed with disciplinary action, or has issued a
				letter of discipline. An investigation is presumed inactive if no finding is
				made within ninety (90) days after the investigation begins, but the University
				may overcome that presumption through appropriate documentation in the records.
				However, 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.
The records related to the investigation shall be open to the
				  University employees who are conducting the investigation, the administrator
				  responsible for the appointment and assignment of the employee being
				  investigated, and their respective designees. To the extent necessary to meet
				  the due process requirements of applicable University rules, policies, or other
				  agreements, certain records related to the investigation may be open to the
				  employee being investigated at the time indicated in the applicable policies,
				  or other Agreements.
A notice of proposed disciplinary action is confidential
				  until the University issues a letter of discipline or decides not to proceed
				  further with disciplinary action.
(c) Records maintained for purposes of any
				disciplinary proceedings. Records 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 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 at all times.
(d)
				Records maintained for purposes of any grievance proceedings. Records
				maintained for the purposes of any grievance proceeding brought by an employee
				shall be confidential and shall be open to inspection only by the employee and
				by officials of the University conducting the grievance proceeding until a
				final decision is made in the proceeding.