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Procedure No. 30-500
Policy: Right to Know Policy
Date Issued: 8/25/04
Date Effective: 8/25/04
Issued By: Finance & Administration Division

Introduction 

The Pennsylvania Right to Know Law (“Right to Know Law” or “Act”) provides that every public Record of a Commonwealth agency shall, at reasonable times, be open for examination and inspection by any Pennsylvania citizen.  It applies to the State System of Higher Education and its constituent universities and operational entities (collectively referred to as “university” or “universities”). 

The Right to Know Law was amended on June 29, 2002.  The amendments, which became effective December 26, 2002, do not change the definition of what constitutes a public record; they primarily address new procedures for agencies’ responses to requests for such records and administrative remedies. 

This policy governs right to know requests to Clarion University of Pennsylvania. 

1.  Requests

a.       All requests for public records must be in writing.  Electronic submissions other than facsimile, e.g., e-mail, are not permitted.  The request must include the name and address to which the University’s response should be forwarded and the specific records being requested.

b.      The University will not respond to anonymous requests.

c.       The written request does not need to include the reason for the request, but the University may inquire as to the reason to help better identify the records of actual relevance to the requester. 

d.      Requestors must be Pennsylvania residents and must provide their name and complete mailing address.  Proof of residency may be required at any time.

e.       Prepayment of applicable fees may be required, if the total estimated cost of the request exceeds $100.

f.        All requests must be submitted to the designated Right to Know Officer.

g.       Requests for recurring or perpetual access may be denied.  Each written request shall be handled as a one-time occurrence.  

h.       Requesters wanting access on subsequent dates must submit subsequent written requests on each date of subsequent requested access. 

i.         Access is available only within specified time limits. 

2.  Designated Right to Know Officer

The Clarion University Associate Vice President for University Advancement is designated as the University Right to Know Officer.   

His address is:

Ronald Wilshire
Clarion University
840 Wood Street
Clarion, PA 16214-1232 

Upon receiving a request, the Right to Know Officer will direct to the appropriate campus employee(s), track the University’s progress in compiling the information, and prepare a response to the requester. 

The Right to Know Officer will date-stamp all requests, create an official file, and note to whom the request will be forwarded.  In-person requests will be accepted from 8:30 a.m. to 4:30 p.m. on weekdays when the university is open for business. 

3.      Designated Exceptions Officer

The Vice President for Finance and Administration is designated as the Exceptions Officer to hear exceptions/appeals from individuals whose requests are denied.  Such exceptions must be filed within fifteen business days of the mailing date of the University’s denial or deemed denial. 

His address is:

Paul Bylaska
Vice President for Finance and Administration
Clarion University
840 Wood Street
Clarion, PA 16214-1232 

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. 

4.      Time for initial response

Responses to written requests for access to public records must be made within ten business days from the date that the request is received by the designated person(s).  Failure to respond within this ten-day period will be deemed a denial of the request. 

5.      Thirty-day extension

The University may send a notice that the request is being reviewed, the reason for review, and a reasonable date that a response will be provided, preferably within 30 days.  Extensions beyond the 30-day limit may be deemed a denial.  An extension may be for one of six reasons; 1) need for redaction, 2) retrieval from remote site, 3) bona fide staffing limitations, 4) legal review of status as public records, 5) requester has not complied with agency policy, or 6) requester refused to pay applicable authorized fees. 

6.      Handling exceptions/appeals

A requester may file exceptions to the denial with the Vice President for Finance and Administration within fifteen business days of the mailing date noted above, or within fifteen days of a deemed denial (i.e., failure to respond within ten days.)  The Vice President for Finance and Administration shall make a final determination within thirty days of the mailing date of exception.  The University is not required to conduct a hearing. 

Exceptions filed for requests that have been denied (or deemed to have been denied) must:

         • Be submitted in writing (verbal, anonymous or electronic mail requests are not acceptable) within 15 business days of the mailing date of the university’s response or 15 days of a deemed denial.  The exceptions shall state the grounds upon which the requester asserts that the record is a public record and shall address any grounds stated by the agency for delaying or denying the request

         • Be submitted by original requestor only   

         • Be submitted to the following address: 

Right to Know Exceptions Officer
Office of Finance and Administration
Clarion University of Pennsylvania
Clarion, PA 16214
Telephone: 814-393-2240
Fax:  814-393-1826 

6. 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. 

 7. 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. 

         Public Records include:

          •       Any account, voucher or contract dealing with the receipt or disbursement of funds by the University or its acquisition, use or disposal of services or of supplies, materials, equipment or other property;

          •       Any minute, order or decision by the University fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons;

          •       Reports compiled by the University pertaining to safety and health in industrial facilities 

         Public Records do not include:

          •       Documents involving the progress of official agency investigations

          •      Medical, educational or police-related investigation information which is covered by other statutes such as the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA)

          •       Documents which would prejudice or impair a person’s reputation or personal security, not including their right to privacy

          •       Documents whose disclosure would precipitate loss of Federal funds by the University 

“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.         

8. Exceptions or Appeals

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. 

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. 

The University is barred from destroying or otherwise disposing of records for which public access has been requested. 

 9. Fees

While no fee is charged for accessing and examining public records, currently established fees may be charged to cover expenses for photocopying (50 cents per page), postage, or certifying copies of public records. 

 10. Dissemination of the Right to Know Policy

A copy of the Clarion University Right to Know Policy will be available in the Office of the Vice President of Finance and Administration and on the official university policy web site.