Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6C9 - University of North Florida › Chapter 6C9-4 - PERSONNEL › Section 6C9-4.036 - Personnel Records; Limited Access

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The Director of Human Resources, who is the official custodian of all
				University personnel records, shall designate in coordination with the Office
				of Academic Affairs those staff members and University officials who shall have
				access to the records of University personnel. In accordance with Florida law,
				the University shall designate 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 official responsibilities.
(a) Records created on or before July 1, 1995
				- Any and all records reflecting evaluations of employee performance, including
				faculty, A & P, USPS and OPS employees, shall be designated as limited
				access, open to inspection only in accordance with subsection (1),
				above.
(b) Records created after
				July 1, 1995.
1. Academic evaluations -
				Personnel records containing information reflecting academic evaluations of an
				employee's performance such as, but not limited to, tenure, promotion, annual
				evaluation, TIP, compression/inversion, faculty awards, merit increases and
				student course evaluation except as noted herein, shall be 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.
2. Investigations of misconduct - Records
				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 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.
3.
				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 record of any disciplinary
				proceeding, including any evidence presented, shall be open to inspection by
				the employee at all times.
4.
				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.