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Information |
Right To Know
Policy
{Printable Version}
Purpose and
Overview
West Chester University affirms the
right of any Pennsylvania citizen to access public records. This right of
access:
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Is vital to the
preservation and functioning of the democratic process
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Promotes public
understanding, trust, and monitoring
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Supports
informed judgments
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Advances the
integrity and well-being of the University
In supporting
public access to records, West Chester University balances two key
considerations:
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The public’s
fundamental right of access to information held by the University,
including such records as the appropriation, expenditure, and investment
of public money
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Constitutionally protected interests or legal rights to privacy and
confidentiality regarding personal and other data gathered by the
University
West Chester
University’s Right to Know Policy is designed to do the following:
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Ensure and
facilitate the public’s right of access to information about the conduct
and activities of University operations
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Make public
records accessible, unless a
sensitive-information determination or specific federal or state law
exempts the records from public access
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Place on West
Chester University the burden for establishing that requested records
are not public or are otherwise exempt from access
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Provide
guidelines to assist University officials and employees in responding to
requests for access to public records
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Provide
guidelines for requesting and accessing information and for requesting
exceptions to the policy
Right to
Know Officer and Exceptions Officer
The West Chester University Vice President for Administration and Finance is designated the University Right to Know Officer. The West
Chester University Executive Deputy to the President is designated the
University Right to Know Exceptions Officer.
The Right to Know Officer and the Exceptions Officer provide the
guidelines, process, and assistance for implementing the University’s
Right to Know Policy. These two officers, or their designees, are the
primary contacts for anyone requesting access to records and, if
necessary, for Pennsylvania’s State System of Higher Education Office of
Chief Legal Counsel.
Requests for public records must be submitted in writing (verbal,
anonymous, or electronic mail requests are not acceptable) and submitted
via fax, mail, or hand-delivery to:
Mr. Mark P. Mixner
Right to Know Officer
West Chester University of Pennsylvania
Philips Memorial Building - Room 202
West Chester, PA 19383
Fax - 610-738-0314
Scope of
the Right to Know Policy
This Right to Know Policy is not intended to modify, rescind, or supercede
any public-record retention or disposition schedule established by law.
Definitions
and Conditions
“Public record” refers to any information that records a University
transaction or activity or that is created, received, or retained by or on
behalf of the University in connection with its duties and
responsibilities or other legal requirements.
“Access” means that, upon written request and in accordance with
this policy and applicable law, public records will be available for
examination, inspection, and copying during normal business hours. The
following conditions apply:
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Verbal,
anonymous or electronic mail requests may be denied.
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Requests for
recurring or perpetual access may be denied. Each written request shall
be handled as a one-time occurrence. Requesters wanting access on
subsequent dates must submit subsequent written requests on each date of
subsequent requested access.
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Requesters do
not need to supply the reason or intended use for the records.
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Access is
available only within specified time limits.
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Records must be
provided no later than 10 business days after the University receives
the request. Delays are allowed only under limited circumstances (see
Appendix C) and must be explained in writing to the requester.
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When access is
denied, requestors may submit an exception (appeal) in writing to the
University Exceptions Officer. The requester will be provided with
instructions for filing the exception.
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When
otherwise-public records include information that is exempt from access,
the University will withhold the exempt information while disclosing the
information that is open to access. When necessary in such cases, the
University will seek the advice and guidance of legal counsel.
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The University
will not deny access to public records in order to prevent objections or
comments about University actions.
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The University
is not required to create, compile, maintain, format, or organize public
records in a manner other than that in which they already exist. In the
case of electronically held records, however, the records may be
duplicated on paper if they would not otherwise be accessible to the
requester.
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The University
is barred from destroying or otherwise disposing of records for which
public access has been requested.
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Requests and
appeals for public records external to West Chester University will be
addressed as prescribed by the State System of Higher Education and
applicable law.
Fees
While no fee is charged for accessing and examining public records, fees
may be charged to cover expenses for photocopying or certifying copies of
public records.
Dissemination of the Right to Know Policy
The following guidelines explain proper dissemination of the West Chester
University Right to Know Policy:
Appendices
Appendix A: The West Chester University Right to Know Policy—Guidelines
for Pennsylvania Residents
Policy Approval: Madeleine Wing Adler, President
Date Approved: July 1, 2003
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