Common use of Confidentiality and Access Clause in Contracts

Confidentiality and Access. 19.3.1.1. Personnel files shall be kept by the Academic ▇▇▇▇ in a secure location. 19.3.1.2. File contents may be viewed only by the Principal, the Academic ▇▇▇▇, the Director of Human Resources, and the faculty member. 19.3.1.3. Except as herein provided, no document contained in a faculty member’s personnel file shall be released or made available directly or indirectly to any other person or institution beyond Brescia administration or its professional advisors without the express written consent of the faculty member, as required by law, or as ancillary to a formal disciplinary procedure. 19.3.1.4. The Academic ▇▇▇▇ may review a faculty member’s personnel file prior to decisions relating to tenure, promotion, and leave applications. If there are documents in the personnel file relevant to the request, the documents will be made available to the members of the appropriate committee; faculty members will be told which documents will be viewed by the committee. The faculty member may not demand exclusion of a document, except as provided for herein, but may provide additional explanatory information to the committee. The information will be considered confidential and committee members will be reminded of their responsibilities in dealing with confidential documents. 19.3.1.5. A faculty member shall have the right to examine his/her personnel file after giving reasonable notice of his/her desire to do so and under conditions which ensure the security of the file. Members may request that the Academic ▇▇▇▇ provide one (1) copy of their personnel file, excluding confidential material according to the provisions of this Collective Agreement. An inventory of all confidential material in the personnel file, certified by the Academic ▇▇▇▇, ▇▇▇▇ be provided to the Member if requested; such inventory shall identify all confidential documents by date and general subject matter only, and only so long as the author’s identity cannot be inferred. Such requests will normally be filled within ten (10) working days, at no charge to the Member. If for whatever reason the Academic ▇▇▇▇ is unable to fill such request within 10 working days, the member will be notified of this, including the date by which the request will be filled. One (1) copy of additions made subsequent to the initial copying may be requested under the same conditions and terms. Requests for additional copies will be filled at the convenience of the Academic ▇▇▇▇. The Faculty Member will be charged for any additional copies, where charges will not exceed the per page charge routinely levied for photocopying at the University. 19.3.1.6. A faculty member shall not have the right to examine the confidential letters of reference and evaluations obtained for appointment, tenure, and promotion decisions unless, at the time the evaluation was solicited, the writer was advised that his/her evaluation would be made available in un-attributed form to the faculty member in question, or unless the individual writing the letter of recommendation or evaluation has given permission for the document to be viewed by the faculty member.