Section 8-A1231. EMPLOYEE ACCESS TO OFFICIAL PERSONNEL RECORDS

 

1231.1The official personnel records of an employee shall be disclosed to the employee or any representative of the employee's choice.

 

1231.2All disclosures shall be made in the presence of a representative of the School of Law appointed by the Dean or the Dean's designee.

 

1231.3An employee shall have the right to present information immediately germane to any information contained in his or her official personnel folder, and shall have the right to have irrelevant, immaterial, or untimely information removed from the record.

 

1231.4For purposes of §1231.3, information other than a record of official personnel action shall be deemed "untimely" if it concerns an event more than three (3) years in the past upon which an action adverse to the employee might be based.

 

1231.5When the Dean or the Dean's designee finds that an official record contains immaterial, irrelevant, or untimely information, that information shall be removed from the official record.

 

1231.6Materials shall be placed in an employee's official personnel folder only at the request of the employee, at the request of the employee's supervisor, or by the Dean or the Dean's designee.

 

1231.7The following information, which may be contained in an official personnel folder, shall not be disclosed to any employee:

 

(a)Information that has been received on a confidential basis from a person under an agreement that the identity of the source of the information will not be disclosed, except as provided in §1231.8;

 

(b)Medical information that, in the judgment of the employee's physician, would be injurious to the health of the employee, if disclosed;

 

(c)Criminal investigative reports;

 

(d)Suitability inquiries and confidential questionnaires undertaken in accordance with rights afforded under the Comprehensive Merit Personnel Act or the rules of the School of Law; or

 

(e)Test and examination materials that may continue to be used for selection and promotion purposes; Provided, that the description of test and general results shall be disclosed.

 

1231.8Information received in confidence under §1231.7(a) may be disclosed if all material identifying the source of the information is deleted in a manner which positively precludes disclosure of the identity of the source of the information.

 

source

Final Rulemaking published at 35 DCR 5810 (July 29, 1988).