Files on Employees

May 05, 2018

Scope: Who is Covered by this Policy?

Employees

Policy

Information Accurate and Relevant

Various state and federal laws require certain information be maintained by the University, and sound employment decisions require that the University collect and retain information regarding employment history and performance.  No person, office, or agency of the University shall maintain any files or records relating to a staff member’s private life or extraprofessional exercise of constitutional rights to expression or association.  This policy protects the lawful practice of dissent, protest meetings, demonstrations, petitions, and the like.

Inspection

Any employee (including his or her legal guardian or attorney who presents a signed written authorization) may inspect all documents maintained by Miami of which he or she is the subject.  If an individual authorized to inspect personal information requests a copy of any documents that he or she is authorized to inspect, Miami University will provide a copy of the document(s) to the individual.

This section does not provide a right to inspect or have copied confidential information as defined in Section 149.43 of the Ohio Revised Code.

Disputes Concerning Information

If an employee disputes the accuracy, relevance, timeliness, or completeness of personal information that is maintained by Miami University, the individual may request Miami, through the appropriate personnel office, to investigate the current status of the information.  Miami University will, within a reasonable time, not to exceed 90 days after receiving the request, make a reasonable investigation to determine whether the disputed information is accurate, relevant, timely, and complete, and will notify the individual of the results of the investigation and of the action that Miami will take with respect to the disputed information.  Miami University will delete any information that is proven to be erroneous.

If, after Miami’s determination, the individual is not satisfied, the individual may do either of the following: 

  1. include a brief written statement of his or her position on the disputed information, or
  2. include a written notation that the individual protests and that the information is inaccurate, irrelevant, outdated, or incomplete.

Miami University will include the statement or notation of dispute in any subsequent transfer or dissemination of the disputed information and may include with the statement or notation of dispute a statement by Miami University that it has reasonable grounds to believe that the dispute is frivolous or irrelevant and the reasons for its belief.

Disciplinary Action

Any employee who initiates or otherwise contributes to any disciplinary or other punitive action against any individual who brings to the attention of appropriate authorities, press, or public, evidence of unauthorized use of personal information shall be subject to disciplinary action including written reprimand, suspension, or dismissal.  It is not an unauthorized use of personal information to comply with the Ohio Public Records Act.

Related Form(s)

Not Applicable.

Additional Resources and Procedures

Not Applicable.

FAQ

Not Applicable.

Policy Administration

Next Review Date

7/1/2023

Responsible Officer  

  • Associate Vice President for Human Resources
  • Assistant Provost for Academic Personnel

Legal Authority  

Section 149.43 of the Ohio Revised Code

Compliance Policy

No

Recent Revision History

 

Reference ID(s)

  • MUPIM 3.8
  • OAC 3339-3-08

Reviewing Bodies

  • Associate Vice President for Human Resources
  • Assistant Provost for Academic Personnel