Public Records Request
REG 04.00.2
Authority:
Issued by the Chancellor. Changes or exceptions to administrative regulations issued by the Chancellor may only be made by the Chancellor.
History:
First Issued: July 1, 2002.
Related Policies: NCSU's Family Educational Rights and Privacy (FERPA or Buckley Amendment) Regulation , Crisis Communication Plan
Contact Info:
Associate Vice Chancellor for Public Affairs (919-515-7373)
1. Introduction
North Carolina State University, as a public university supported with tax
dollars, has a responsibility to be open and responsive to information requests
from the public and the news media. NC State is committed to a policy of openness,
honesty and cooperation with members of the public and the news media. Faculty
and staff are encouraged to give interviews when asked and to provide information
on matters within the realm of their responsibility in a timely and courteous
manner.
2. Contacts with and release of infomation to the news media
At the campus level, News Services (919-515-3470) is the principal liaison
with the news media as delegated by the Associate Vice Chancellor for Public
Affairs. News Services is primarily responsible for disseminating information
to the news media, but in instances where there is a question about the legality
of releasing information, News Services and any other campus units receiving
information requests should consult with the Office of Legal Affairs.
3. Public records requests
Administrators, faculty and staff receiving requests for information are
always free to consult with either News Services, Public Affairs or the Office
of Legal Affairs if they have questions about releasing information. Consult
with one of these units before releasing information that may be of a sensitive
nature. Public relations and media relations are a university wide responsibility,
and information requests should be handled expeditiously whenever possible.
News Services can offer assistance to faculty and staff in dealing with media.
3.1 What is public information?
In general, most of the university's day-to-day programs and activities
generate public information. How the university is structured, how it operates,
statistics about the student body, faculty or physical facilities are all
public information. Reports, policies, budget information, information stored
on computer disks, electronic mail, and university committee minutes are
public information.
3.2 What is not public information?
The release of the following types of information is prohibited by law:
3.2.1 University employees' personnel records* -- An individual's personnel
record is confidential under the State Personnel Privacy Act, but the
act ALLOWS the release of the following information about any employee:
a. name,
b. age,
c. date of original employment or appointment to state service,
d. current salary,
e. date and amount of most current increase or decrease in salary,
f. date of most recent promotion, demotion, transfer, suspension, separation
or other change in position classification, and
g. office or station to which the employee is currently assigned.
3.2.2 University students' academic, medical and counseling records *
-- State law requires that medical and counseling records be kept
confidential, and federal disabilities law requires confidentiality for
medical information provided in connection with ADA and the Rehabilitation
Act. In addition, the federal Family Educational Rights and Privacy Act,
known as the Buckley Amendment or FERPA, restricts information that can
be released about a student, but allows the release of what is called
directory information (as specified in the act) unless the student files
a request that it not be released. Please see the NCSU's
Family Educational Rights and Privacy (FERPA or Buckley Amendment) Regulation
for what constituents directory information.
a. Before releasing this information about any student, the faculty
or staff member receiving the request should check with the Office
of Registration and Records to make sure the student has not requested
that it be withheld. Students may voluntarily release more information
about themselves, particularly when they have been recognized for
a noteworthy accomplishment.
b. FERPA also allows information about drug and alcohol violations
of students under the age of 21 to be released to their parents or
legal guardians. If a student is found guilty in campus disciplinary
proceedings of a crime of violence or non-forcible sex offense, FERPA
allows release of the student's name, the violation committed, and
the university sanction imposed.
c. When a student has been accused of a crime and arrested, however,
release of any information from the university, other than that provided
by the public police log, should be handled by News Services.
*Authority for release of information contained in Sections 1
and 2 above can be delegated by the office in which it resides to
the News Services office. However, responsibility for its release
belongs to the department in which it is held. Disclosures of student
or personnel information require that the department housing the information
keep a written record in the subject's file that contains the nature
and purpose of the request, the name and address (or telephone number)
of the person to whom the disclosure was made. The university is required
to keep this information in the person's file and provide it at his
or her request.
3.2.3 Library user records ** -- State law (N.C. Gen. Statute 125-19)
states that "a library shall not disclose any library record that identifies
a person as having requested or obtained specific materials, information,
or services, or as otherwise having used the library," Exceptions provided
for in the statute include "when necessary for the reasonable operation
of the library, upon written consent of the user, or pursuant to subpoena,
court order or where otherwise required by law."
3.2.4 Patent Applications and other documents that contain trade secrets.
**
3.2.5 Contract negotiations. **
3.2.6 Information related to pending litigation, grievances, hearings or other
legal action. **
3.2.7 Information relating to veteran status. **
**Information in Sections 3, 4, 5, 6 and 7 will only be released by
the administrators of the units having responsibility for the information,
after consultation with the university counsel or through the Office of
Legal Affairs.
3.2.8 Student disciplinary actions, including campus appearance tickets. ***
***Information in Section 8 concerning disciplinary action against
a student, which includes campus appearance tickets, should not be released.
3.3 News releases and news conferences
To assure coordination of media relations, only three divisions at the
university are authorized to issue news releases or to hold news conferences
on behalf of the university. Those divisions are News Services for university-wide
activities, Agricultural Communications for cooperative extension and agricultural
research activities and Sports Information for athletic activities. All
news releases and news conferences should be coordinated through one of
those offices. Faculty and staff are encouraged to utilize the resources
of these offices, which work together to gain broad recognition of the university's
areas of excellence.
3.4 Crisis/emergency situations
NC State has established a Crisis
Communications Plan to guide campus administrators, faculty and staff
in the event of a crisis or emergency affecting the campus. Individuals
who become aware of a potential crisis situation are urged to refer to the
Crisis Communication Plan and to notify News Services, Public Affairs or
the appropriate department head, and to make themselves available to assist
in gathering facts. News Services, coordinating with the appropriate administrative
officials identified in the Crisis Communications Plan, will release factual
information through news bulletins, briefings or an official spokesperson.
