WVU-HR-1
ACCESS TO CENTRAL PERSONNEL FILES POLICY
PURPOSE
To outline the means by which West Virginia University attempts to minimize intrusiveness, maximize fairness, and create legitimate expectations of confidentiality of employee central personnel records in accordance with WV Code 29B-1-4 and Department of Human Resources memorandum.
SCOPE
This policy covers all employee central personnel files housed in the Department of Human Resources on the Morgantown campus of West Virginia University.
POLICY
No individual, private, or public agency external to the University will be permitted access to any individual’s central personnel file without the express written consent of the individual concerned, but with the following exceptions. Information in such files will be provided voluntarily to Federal or State agencies when: the agency has jurisdiction to make the particular inquiry, the information being sought is obtainable by subpoena, and the appropriate University officials are satisfied that the information being sought is actually pertinent to the agency’s inquiry. Other University staff members will have access to an employee central personnel file on the basis of a need to know. All persons examining a file on the basis of a need to know will treat the contents of the file as confidential, unless under legal subpoena and/or when contents may be incorporated into a recommendation governing the future status of the employee.
An employee is entitled to inspect or to obtain a copy of his/her own personnel file. The employee shall not be entitled to inspect or obtain a copy of any document the employee has previously waived the right to access, or any other record exempt by WV Code 29B-1-4 unless there is clear and convincing evidence of a legitimate reason sufficient to overcome the exemption.
Personnel files may only be examined within the confines of the Department of Human Resources during normal work hours. A record will be maintained of all individuals and agencies requesting information from personnel files.
PROCEDURE
Additional information regarding this policy can be obtained from the Access To Central Personnel Files and the Access to Central Personnel Files by University Employees procedures.
RESPONSIBILITY FOR IMPLEMENTATION
The Department of Human Resources is responsible for restricting file access and maintaining the confidentiality of employee personnel files. The Records
Unit or the Employee Relations Unit in the Department of Human Resources, at 293-5700 respectively or P.O. Box 6640, are available to answer questions or provide additional information regarding this policy.
RESPONSIBILITY FOR INTERPRETATION
The responsibility for interpretation of this policy rests with the Director of Human Resources, West Virginia University.
EFFECTIVE DATE: September 10, 1998
APPROVED BY: Scott C. Kelley, Vice President
