6C4-10.109. Official Faculty Personnel Files

(1) The Division of Human Resources maintains the only official personnel files for all employees of the USF System, including faculty. Human Resources is authorized to delegate all or any portion of this function to the Deans and Directors through the Provost and Vice Presidents or the appropriate USF System authority.

(2) The CAO may retain the official promotion and tenure files for faculty.

(3) The faculty member’s home department or unit may retain duplicate copies of documents contained in the official personnel files. They may also retain originals of pre-discipline, counseling, and performance documents leading up to official actions, which at the time of that action will be made a part of the official file.

(4) The official personnel file will contain the following:

(a) Information gathered as part of an employment procedure, such as applications, letters of reference, letters of offer, and letters of appointment.

(b) Information substantiating salary transactions, if applicable, such as appointment papers, approvals of special salary rates, employment contracts, and salary adjustments.

(c) Documentation of performance and conduct, such as performance evaluation forms, letters of recognition, reprimands, letters of dismissal, suspension, disciplinary reduction in pay, and approvals to take appealable disciplinary actions.

(d) Any records relating to a faculty member’s grievance or complaint, appeals, arbitration awards/findings, or administrative hearing recommendations, and these records will be treated as exempt during any proceeding specified by Florida law.

(e) Medical records which address the faculty member’s ability to do the job or for any other legitimate business purposes; however, these records are confidential records that will be maintained separately from the official personnel file in accordance with applicable federal and/or state law.

(f) Other documents deemed appropriate by Human Resources, such as letters of resignation, layoff notices, etc.

(5) The personnel file will not include:

(a) Benefits enrollment information, which is separately maintained by Human Resources.

(b) Anonymous material of any kind, with the exception of numerical summaries of student evaluations and narratives contained in student evaluations.

(6) Access to the official personnel files of USF System faculty:

(a) Access to the official personnel files of USF System faculty is governed by the Florida Public Records Law Chapter 119 and section 1012.91, F.S. Those wishing to review personnel files of faculty members may do so during normal business hours of the Division of Human Resources. Access to and copying of any document or file will be provided in accordance with federal and state law and these rules.

(b) Any material exempt from disclosure by federal or state law will be removed prior to inspection or copying unless disclosure of such exempt material is authorized by the faculty member or required by any superseding law.

(7) Faculty rights to append or request removal of material:

(a) Faculty members have the right to append responses to any material in the evaluation file, and to place appropriate information or documentation relating to their employment into their personnel files, by forwarding the information to Human Resources with a request for the material to be placed in their file. Examples of the types of information employees may place in their files are updating of education or training and clarification or rebuttal of evaluative or disciplinary information placed in their files by USF System officials. Such items received by Human Resources will be reviewed for compliance with this rule and will then be placed in the file or returned to the sender with an explanation describing why the items are not in compliance.

(b) Faculty members will have the right to request removal of any documentation shown to be factually incorrect.

Rulemaking Authority 1012.91 FS. Law Implemented 119.07, 1012.91 FS. History–New 10-5-03, Amended 1-25-12.