ARTICLE 27 - Confidentiality and Access to Personnel Files

27:01          The Dean, or in the case of the librarian members, the University Librarian, shall maintain the sole personnel file recognized by this Agreement relating to each member, and the Departments of Human Resources and Finance shall maintain the benefits and payroll records of each member.

27:02          (a)       All documents pertaining to renewal, promotion and tenure or permanence shall be considered part of the member's personnel file.  A copy of the summaries of the AAU Renewal, Promotion and Tenure or Permanence Committee meetings as described in the Senate Bylaws shall be placed in the member's file in ample time for the member to consider the documentation prior to her/his presentation to UCAPT/UCRPPLM.

(b)       Upon presentation of identification, each member shall have the right to examine, by special appointment, which shall not be withheld unreasonably, during regular office hours, all of the contents of her/his personnel file. 

(c)       Confidential letters of reference shall become part of a member's personnel file as of the day on which they are received. A member shall be entitled to read the contents of such letters, except that the identity of the author(s) shall remain confidential.

(d)       A member shall have the right to have included in the said files additional material provided by himself/herself including her/his written comments on the accuracy or meaning of any of the contents.

(e)       Written complaints by a student or others shall not be placed in a member's personnel file before the member has an opportunity to respond in writing.  The response of the member shall also be placed in the personnel file.  No unsubstantiated complaints or allegations shall be placed in a member's personnel file.  Complaints placed in a member’s personnel file and the member’s responses shall be removed from the member’s file and destroyed after 5 years, provided that the complaints are not supporting documentation for a disciplinary investigation undertaken under Article 59 and that no subsequent allegation of similar misconduct has been confirmed or is under investigation under Article 59.

27:03          Each member shall have the right to obtain from the University, on reasonable notice in writing, at University expense, a copy, and at her/his own expense additional copies, of any or all of the contents of her/his personnel file excluding confidential letters of reference.

27:04          No anonymous material shall be kept by the University concerning any member or submitted as evidence in any formal or informal deliberation, action, or proceeding involving any member.  If introduced, such material shall be sufficient in and of itself to invalidate the deliberation, action, or proceeding.  Any such anonymous material contained in the files at the time of ratification of this Agreement shall be returned to the faculty member forthwith.  Statistical information gathered as a result of any collective teacher evaluation made by students and approved by the Senate (or other appropriate University authority) shall not be considered to be anonymous material.  Non-statistical information gathered by way of such evaluation and statistical information arising out of statements or questions added by the member may be used only by the member or with the written consent of the member.

27:05          Letters received in relation to the appointment of a member shall be confidential and shall not be shown to the said member before or after her/his appointment.

27:06          Except as authorized by this Agreement or as authorized by a member in writing, or as relevant and material to collective bargaining and to the administration of this Agreement by the Faculty Association, or as relevant and material to an arbitration proceeding under this Agreement and as required by the arbitrator pursuant to her/his powers, all health and psychiatric records, transcripts, letters of reference and assessment, or material reflecting the salary history or the existing salary rate or other personal information of any member under the direct control of the University shall be kept confidential.  Onus of proof of breach of confidentiality shall rest with the member.  The curriculum vitae of a member shall not be regarded as personal information and shall not be considered to be confidential unless requested in writing by the member that it be kept confidential.  The University shall be held blameless for the release of information contained in a member's curriculum vitae unless so requested in writing.  A member should update her/his curriculum vitae when substantial amendments occur.

27:07          When confidential information is to be used by the University in the course of proceedings to resolve a grievance, the substance of such confidential information shall be made available in advance to the member or her/his duly authorized representative in a form which does not identify the author. Where in the opinion of the arbitrator(s) the identity of the author is central to the resolution of the difference, the arbitrator(s) shall be supplied with the material and may make such use of it as is essential to her/his/their decision, having due regard to its confidentiality.