1210 Open Public Records

Initial Date of Approval:1/30/09

Revision Date(s): 

Administrative Responsibility: President

PURPOSE

To comply with the provisions of the Washington State public disclosure laws governing access to public records, while at the same time preserving the right to privacy for college students and employees and minimizing disruption to the operation of college programs and services. 

REFERENCES

• RCW 42.56 Public Records Act 
• RCW 34.05 Administrative Procedure Act 
• RCW 40.14.060 Destruction, disposition of official public records or office files and memoranda—Record retention schedules. 
• Family Educational Rights and Privacy Act of 1974 20 USC 1232(G) 

POLICY

Skagit Valley College shall comply with the provisions of the Washington State public disclosure laws governing access to public records. 

PROCEDURES

The Public Records Policy is contained in the RCW’s cited above. These documents may be accessed via internet search or by request at the Office of the President. 

Requests for Access 

Requests for access to and/or copies of public records maintained at Skagit Valley College shall be made in writing to the Public Records Officer/President’s Office, 2405 E. College Way, Mount Vernon, Washington, 98273. Requesters should submit a written request for public records to the public records officer. 

The college encourages the requester to provide: 

• requester’s name, full mailing address, and telephone number; 
• a specific and detailed description of the record being requested; 
• states whether the requester wishes only to examine the record and will come to the college to do so or, instead, wishes to obtain a copy of the record; 
• certifies that the requester 
  • will not use any list of individuals requested through the request for public records for commercial purposes, 
  • has read and understood WAC 132D-276, and 
  • agrees to return the record in its original condition if the requester examines the record on campus or to pay the cost of having the copy made. 

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Those seeking access to any student address lists or other personal information should be referred to the Admissions and Registration Office. College policy does not allow for such disclosure without a court order or other compulsory legal action. 

Response to Requests 

• The public records officer or his/her designee will respond to the request within five business days after receiving it. 
• Depending on the nature of the request and of the record concerned, the public records officer will respond in one of the following ways: 
  • make the record available or provide a copy as requested; 
  • state that the record as described does not exist at Skagit Valley College at this time; 
  • acknowledge the request and ask for additional descriptive information, in cases where the description provided is incomplete or unclear; 
  • acknowledge the request and state a date by which the record(s) will be provided; 
  • deny the request in whole or in part and indicate the specific reason for the denial. 

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Appeal after Request Is Denied 

• Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by submitting a written request for review. The written request shall specifically refer to the written statement by the public records officer and/or his or her designees which constituted or accompanied the denial. 
• Immediately after receiving a written request for review of a decision denying a public record, the public records officer and/or his or her designee denying the request shall refer it to the college president. The College President or his or her designee shall immediately consider the matter and either affirm or reverse such denial or consult with an Assistant Attorney General to review the denial. In any case, the request shall be returned with a final decision, within two business days following the original denial. 
• Administrative remedies shall not be considered exhausted until the college has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever occurs first. 
• Once the college denies a request for public records, the requester may request the Attorney General to review the denial. Pursuant to RCW 42.56, the Attorney General will provide the requester with an opinion whether the record is exempt from disclosure. 

Exemptions and Limitations 

• Certain public records are exempt from public access according to RCW 42.56. Access to these records will not be granted unless the public records officer determines that disclosure would not affect any vital governmental interest or a person’s right to privacy. If these interests can be protected by deletion of personal references or other identifying information, access shall be granted following deletion of such material, and a reasonable time shall be allowed for deleting the material. 
• Student educational records are available only in accordance with the federal Family Educational Rights and Privacy Act (FERPA)(20 USC 1232g § 34 CFR Part 99), which establishes that the education records of students attending or having attended the college are confidential and can be released only with written permission of the student. 
• Records concerning applicants to and employees of Skagit Valley College are available only to such faculty and staff members, including supervisory personnel, who must have access to certain records in order to carry out the business of the college. The only information contained in an individual’s employee file which shall be available for public inspection shall be records that do not violate the employee’s right to privacy. The employee, however, shall have full access to his/her personnel file as provided by the pertinent bargaining unit agreement. 

Notification of Affected Persons 

If the requested record is not exempt from release and contains information which could identify an individual or agency, Skagit Valley College may notify the individual or agency thus identified that release of the record has been requested. In such cases the college’s initial response to the request will allow a reasonable time for the identified individual or agency to seek court protection from release of the record. 

Requests for Review Only 

A requester may choose to review the public record in person. In this case, a mutually-agreeable time and place will be arranged, during normal business hours on the college campus. The requester is expected to handle the materials carefully and return them undamaged and in order. In certain instances, at the discretion of the public records officer, a staff member must be present as the requester reviews the materials. 

Request for Copies 

A requester may choose to ask for a copy of the public record. In this case, the requester shall reimburse Skagit Valley College for the cost of reproducing the record before receiving the record. In certain instances, at the discretion of the public records officer, the reproduction charge may be waived. 

No Obligation to Create Records 

Public records are generally available for public review, except as exempted or limited under RCW 42.56. Skagit Valley College is under no obligation to gather data or organize information to create a record which does not exist at the time of the request. 

“Writing” as defined by RCW 42.56.010 includes all means of recording any form of communication or representation, including documents, pictures, computer tapes or disks, and sound recordings 

DEFINITIONS

Public Record: As defined by RCW 42.56.010 means “any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” All public records of Skagit Valley College, Community College District 4, are considered to be available for public access except as exempted or limited by WAC 132D-276- 100 and RCW 42.56.