ARTICLE 7:  EMPLOYMENT FILES

Section 1. “Employment file” shall be defined as documents maintained by the University reflecting an individual’s appointment as a GA, revision or termination of such appointment, job-related evaluations and discipline of the GA, and pay and benefits related to such appointment. For the purposes of this article, employment files of GAs shall be considered education records pursuant to the Family Educational Rights and Privacy Act (FERPA), as amended, as they are records relating to individuals in attendance at the University who are employed as a result of their status as students. The University shall not make personally identifiable material in an employment file public without the GA’s consent except as otherwise provided by applicable law.

Section 2. Materials related to a GA’s course of study, grades, academic progress and aspects of graduate study other than service as a GA, while also subject to FERPA, shall not be considered part of the employment file. Grievances filed by a GA and records concerning the processing and resolution of the grievance, including any arbitration concerning it, shall also not be considered part of the employment file.

Section 3. The University shall, within ten (10) working days after receipt of a written request from a GA, permit such GA, who may be accompanied by a Union representative if the written authorization by the GA so provides, to inspect the GA’s employment file. Such inspection shall take place during regular business hours at a location designated by the University. The GA may not remove the employment file from the designated premises. The University may require that inspection take place in the presence of a designated individual.

Section 4. If upon inspection of the employment file a GA disagrees with any of the information contained in such file, removal or correction of such information may be agreed upon by such GA and the University. If such GA and the University cannot agree upon such removal or correction, then such GA may submit a written statement explaining the GA’s position. Such statement shall be maintained as part of the employment file and shall accompany any transmittal or disclosure of such file to a third party.

Section 5. Within a reasonable time after receipt of a written request from a GA, the University will provide such GA, or the Union if the GA has authorized the Union to receive it, with a copy of all or part of the GA’s employment file, provided such request reasonably identifies the materials to be copied. The University may charge a fee for such copying reasonably related to the cost of supplying the requested documents.

Section 6. The employee shall be notified of the placement of any negative evaluative material in his/her employment file within ten (10) working days.