Procedures for UMGC Policy on Employee Files for Staff and Faculty Employees
- Verification of Employment - Public Information
- Public Information regarding current and former Employees is non-confidential and may be released upon request by the Employee or a third-party.
- Public Information is as follows:
- That the individual is or has been employed by the University.
- The individual's classification, if any, and title.
- Home address, campus address, and telephone number, if listed in the campus directory.
- Dates of employment.
- Employment status (whether permanent or temporary).
- Academic degrees received, if listed in the University catalog.
- Telephone and Written Inquiries
- After the requestor identifies himself/herself and the organization he/she represents, Public Information can be verified by the Office of Human Resources for the employee's respective UMGC Division, or UMGC's current employment verification provider, as applicable. The requestor must first identify the Public Information he/she would like to be verified before it will be released.
- Public Information may be verified by the Office of Human Resources for the employee's respective UMGC Division by written response to a written inquiry.
- Confidential information shall not be provided, with the exception of permitted disclosures pursuant to the corresponding policy and provisions of these Procedures. Confidential information includes, but is not limited to, information regarding retirement system beneficiaries, previous employment, membership in organizations, disciplinary actions, medical information, and the like.
- Third-parties, including, but not limited to, government investigators, University Employees, or others representing an Employee in a grievance may receive confidential information and Public Information as defined by law and/or provided in these Procedures.
- Access to Employee Files
- University Officials
When a University official requests information from a personnel file or record, it must be approved by the CHRO or designee. The request must be for a bona fide management reason.
- Investigative Agencies
- Investigative agencies or others with a subpoena or other legal justification should be referred to the CHRO or designee who will exercise discretion as to whether or not Office of Legal Affairs should be consulted.
- Investigators from recognized governmental agencies should be appropriately identified before confidential information is released.
- Specific State Agencies
The contents of personnel files or records may be made available to investigators representing the following State Agencies for purposes related to the performance of their statutory duties:
- Legislative Auditor, Division of Audits
- Division of Fiscal Research
- State of Maryland Worker's Compensation Insurer
The State of Maryland Worker's Compensation Insurer has the right to examine and review personnel files or records to the same extent as the agency may examine its own files or records.
- University Officials
- Federal Department of Defense Investigative Service
- The Defense Investigative Service (DIS) conducts Personnel Security Investigations (PSI) to evaluate an individual's eligibility for a position of trust and/or eligibility for access to classified defense information.
- The Privacy Act of 1974 requires that PSI information obtained by Federal agencies about an individual be released to that individual upon his/her request. The identity of the person or agency providing the information must also be released to the individual, unless specifically exempted by request of the one providing the information. The information provided to DIS from Employees' personnel files or records is considered to fall within the provisions of the Privacy Act of 1974.
Examining and Copying Personnel Files or Records
The following rules apply to examination of the contents of an Employee's personnel file or record:
- An Employee may inspect the contents of his/her personnel file or record, with the exception of letters of reference.
- Personnel files or records may be inspected pursuant to a subpoena or other legal justification. However, these requests should be referred to the CHRO or designee and the Office of Legal Affairs prior to examination.
- Where the information requested is Public Information as defined by Maryland law and this Procedure, the information will be extracted from the personnel file or record for examination. Public Information may be released without specific approval by the CHRO or designee.
- Excluding requests for Public Information, requests for employee personnel information, including access to the personnel file or a record, should be referred to the custodian of the personnel files or records, who will consult with the CHRO or designee and/or Office of Legal Affairs.
- A request for personnel information, including a request to examine personnel files or records, shall be made far enough in advance to allow for adequate review and determination by the Office of Human Resources for the employee's respective Division concerning the release of the information requested.
- Request to copy personnel records must be approved by the CHRO or designee.
In the case of emergencies, information may be released with the approval of the CHRO or designee.
- UMGC 400.20: Inquiries Regarding Employees