UI FACULTY-STAFF HANDBOOK
CHAPTER SIX: 6520
OTHER GENERAL INSTITUTIONAL POLICIES
July 2002
_____________________________________________________________________________________________
6520
INSPECTION OF UNIVERSITY RECORDS
PREAMBLE: This section describes the UI’s policy with regard to the inspection of its records. This policy was completely revised in July 2002 to bring it in line with federal, state, and regents’ guidelines. For further information, contact the Office of University Counsel (208-885-6125). [ed. 7-00, 7-02]
CONTENTS:
B. Custodians of Public Records
A. POLICY.
A-1. The University of Idaho, at the direction of the regents, has developed a policy for the examination or copying of public records in its custody. Unless otherwise exempted, all UI public records are open to inspection and copying by any person, subject to reasonable regulations. [ed. 7-02]
a. A "public record" includes, but is not limited to, any writing containing information relating to the conduct or administration of the public's business prepared, owned, used, or retained by UI regardless of physical form or characteristics. A "writing" includes, but is not limited to, handwriting, typewriting, printing, photostating, photographing, and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, or other documents. Public records exempt from disclosure are enumerated by statute in Idaho Code 9-340 et seq. These exemptions are adopted by the University of Idaho by this reference.
b. Public records kept or maintained by the University of Idaho include but are not limited to academic and research program records, student records, employment records, financial records, real estate records, and alumni records. [ed. 7-02]
A-2. Except in the case of legal compulsion, the following UI records are among those not open to public inspection or copying without the prior written consent of the person or persons to whom such records pertain: (a) the personnel records of employees, other than the employee's public service or employment history, classification, pay grade and step, longevity, gross salary and salary history, status, workplace, and department, (b) the transcripts or grades of students, except as provided in 2600, (c) the medical records of persons as maintained by the university or its contractors, (d) counseling records as maintained by the Student Counseling Center, (e) student financial aid records, and (f) other similar records. Other restrictions may apply to student records as defined by federal law. [See 2600.] [rev. 7-02]
B. CUSTODIANS OF PUBLIC RECORDS.
B-1. The UI has designated the provost and vice presidents as custodians of public records of administrative units reporting to them and has designated the provost as custodian of public records of the president's office and administrative units reporting directly to the president. The organizational structure of the university appears in 1440. [rev. 7-02]
B-2. As custodian, the provost and each vice president may delegate his or her responsibility over records to specific persons. [rev. 7-02]
B-3. Requests for specific records should be directed to the custodians listed above. Questions regarding the proper office to accept a request should be directed to the office of university counsel. [rev. 7-02]
C. LOCATION OF RECORDS. Public records maintained by the UI are located in the files and computers of the UI in Moscow and various agricultural research stations of the university, located at Aberdeen, Caldwell, Parma, Kimberly, Newdale, Sandpoint, and Dubois, Idaho. Records pertaining to resident instructional centers are maintained at the centers at Boise, Coeur d'Alene, and Idaho Falls. Records of the Cooperative Extension Services are located at the district offices in Moscow, Caldwell, Twin Falls, and Idaho Falls. Records pertaining to the Caine Veterinary Teaching Center are located at that facility at Caldwell. Information as to the specific locations of various types of public records may be obtained from the custodian of that type of record. [rev. 7-02]
D. PROCEDURES.
D-1. Requests to examine or copy records should be made to the custodian of the records. Requests should name the person who wishes to inspect or copy the records, provide an address where the requesting party can be reached, describe the records sought, and specify the inclusive dates of the records. Requests to examine or copy records must be in writing and must be submitted on the form provided by the custodian of the records when requested. [rev. 7-02]
D-2. The custodian may not inquire why the person wishes to inspect or copy an item of public record.
D-3. The custodian of the records will, as soon as reasonably possible after receipt of a request, provide copies of the records or notify the applicant of the time and place where the records will be available for inspection.
a. If more than three working days are required to locate or retrieve the requested records, the custodian should notify the applicant in writing. [ed. 7-02]
b. If the custodian determines that the records are exempt from disclosure, the custodian or the custodian's designee will so inform the applicant in writing. The notice of denial will specify the procedures for appealing the denial and will specify whether the custodian referred the request to an attorney for review or consulted with an attorney before denying the request. [ed. 7-02]
c. All requests for inspection or copying of public records will be granted or denied in writing in whole or in part within ten working days. If no answer is provided within ten working days, the request will be deemed to have been denied.
D-4. Records may not be removed from the place designated for inspection.
D-5. Those responsible for the maintenance and custody of public records are responsible for collecting the records to be examined, providing space for the examination, providing an employee to oversee the examination, providing reasonable assistance during the examination, and for copying or permitting the copying of the records, if requested to do so.
D-6. If a request for inspection or copying is denied, the requested records must be retained until the end of the appeal period, until there has been a decision on an appeal, or as otherwise provided by law or UI policy, whichever is longer. Whenever a request is denied, there must be some indication made on the record that it must not be purged without the approval of the custodian.
D-7. Persons making the inspection must: (a) agree to exercise diligent care not to deface the records; (b) not make any mark or erasure on, or in any manner alter or modify, any record; (c) not tear, cut, alter, mutilate, or in any other manner damage or change any record; and (d) exercise every reasonable precaution that the numerical or other order or sequence of receipts, checks, vouchers, ledger cards, and other records is preserved.
D-8. There is no fee charged for examination of public records during regular business hours. The fee for making paper copies is $0.25 per page. The fee will be waived when the total charge is $1.00 or less. The actual labor cost associated with locating and copying documents will be charged if the request is for more than one hundred (100) pages of paper records, or includes records from which nonpublic information must be deleted, or the actual labor associated with locating and copying documents for a request exceeds two (2) person hours. For providing a duplicate of a computer tape, computer disc, microfilm or similar or analogous record system containing public record information, a fee reflecting the actual cost of producing the record will be charged but no less than $10, or the established price for selling the same information in the form of a publication. This section does not pertain to fees charged for certified copies of specific records not addressed by the public records policy, such as the service of mailing certified copies of student transcripts to other institutions. Any conversion of a record to make it readable by specific equipment is the sole responsibility of the person requesting the record, and the fee for providing the record will not be adjusted due to the incompatibility of the requestor's equipment. [rev. 7-02]
D-9. The denial of a request for public records may be appealed through a petition to the Idaho District Court in the county where the records or some part of them are located. The petition must be filed within 180 calendar days from the date of mailing of the notice of denial. [rev. 7-02]