Reports and Records

PROCEDURE

A. Any faculty member shall have the right to examine any University records which are retrievable in the faculty member's name, with the exception of legally privileged documents or other documents classified as confidential according to the laws of the State of Utah.

B. When an informal conciliatory meeting results in dismissal of the complaint, all records, letters, material and information gathered in connection with the complaint shall be destroyed or otherwise disposed of in a manner acceptable to the respondent. The respondent may request copies of letters or other documents for personal retention. Otherwise, no other records shall be maintained.

C. When an informal conciliatory meeting results in an administrative disposition other than dismissal of the complaint, a record sufficient to support that decision shall be maintained by the responsible administrator involved. The records shall be kept on file until such time that the responsible administrator determines that no useful purpose would be served by their retention. Copies of all such material, including the written statement of the complaint, informal minutes or descriptive account of the proceedings and the statement of action taken shall be made available to the respondent upon request.

D. Accurate and complete records will be maintained by the chair of the Faculty Review Board for all formal hearings. With the exception of the respondent's copy, all records pertaining to the formal hearing, including those generated in the process of a preliminary investigation and/or conciliatory meeting, will be sealed and filed in the President's Office. They may be made available for review by authorized individuals only through and on the decision of the president and the chair of the current Faculty Review Board, and then only after duly notifying the respondent as to the purpose for such release. The respondent shall have the right, with a representative, to offer arguments as to why such release should not take place.

E. When faculty members resign or are terminated with their consent while proceedings are pending under the procedure of due process, the chair of the Faculty Board of Review shall provide a copy of the charges and any records of meetings to the president. The respondent shall also be notified by the chair of the respondent's right to make a written statement to be included in the file of records.

F. The records of formal hearings shall be kept on file for five years from the date of final disposition by the president. At the end of five years the records shall be disposed of in a manner acceptable to the respondent, unless the president in consultation with the University Counsel and the chair of the current Faculty Board of Review determines that a useful purpose would be served by their retention. Retention of the records shall be reviewed no later than five years from the date of the decision. A brief written explanation of the reasons to retain shall be provided to the respondent by the president.

G. If the respondent disagrees with the proposed method of record disposal, then the records shall be kept on file by the president. If reasonable efforts to locate the respondent are unsuccessful, then the president in consultation with the University Counsel and the chair of the current Faculty Board of Review shall agree on their disposal.

H. The Faculty Board of Review shall submit an informational report annually to the Executive Committee of the Faculty Senate.