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MnSCU-IFO Master Agreement 1999-2001
ARTICLE 9
Personnel Files
Section A. Personnel Files.
Each university shall maintain at the university one (1) official personnel
file for each faculty member. Such file shall contain copies of personnel
transactions, official correspondence with the faculty member, material
collected in accordance with procedures established in Article
22, which may include summaries of unsigned student evaluations, as
well as other similar materials. Unsigned letters or statements, other
than those indicated above, shall not be placed in the faculty member's
personnel file. Only those MnSCU employees whose job responsibilities
require it, and who are designated by the Administration or other persons
specifically authorized by law, shall have access to a faculty member's
personnel file. Faculty members shall not have access to the personnel
files of other faculty members except as authorized in Section
C below. This Section shall not be construed to prohibit access to
materials provided as part of an application for promotion, tenure, or
retention.
Commencing January 1, 1990, a dated log shall be maintained of official
correspondence with faculty members and of material collected in accordance
with the procedures established in Article 22 including any unsigned student
evaluations which are added to or removed from faculty personnel files.
Errors in the maintenance of the log shall not be subject to the grievance
procedure.
The Dean may also keep a personnel file for any faculty member which
shall only contain copies of resumes, educational transcripts, appointment
documents, Article 22 materials, application files, forms and recommendations
for action under promotion, evaluation, non-renewal, or tenure. However,
the administration shall only take action on personnel matters with respect
to a faculty member based upon file information contained in the official
personnel file.
Section B. Access.
Consistent with law, each faculty member shall have access to his/her
official and Dean's personnel file. Such access shall be during normal
business hours under university supervision. A faculty member shall have
the right to place in his/her official personnel file such material as
he/she determines may have a bearing on his/her position as a faculty
member, including statements in response to any items in his/her file.
Section C. Exclusive Representative.
Representatives of the IFO, Association, or other persons having written
authorization from the faculty member concerned may examine, under university
supervision, the official and Dean's personnel file of that faculty member,
except for the limitation provided in Section B hereof.
Section D. Right to Copies.
Upon written request of the faculty member, the Employer shall provide
to the faculty member copies of contents of his/her official and Dean's
personnel file, except as limited in Section B hereof, provided that the
cost of providing such copies is borne by the faculty member.
A faculty member shall be provided a copy or written notice of an addition
to and/or modification of any non-routine material in the faculty member's
official personnel file, such as grants, letters of commendation or reprimand,
seniority summaries, salary adjustments, and letters regarding retention,
promotion, or tenure. Resolution of a grievance concerning the personnel
file may include removal of material from the personnel files.
Section E. Expiration.
Annually, any material which a faculty member requests be removed from
his/her personnel files shall, with the approval of the President, be
removed. Annually, the faculty member may have data removed from his/her
file which is more than ten (10) years old, except that which is required
by law to be kept therein or material whose removal, in the opinion of
the Attorney General's office, might subject the university to suit or
damages.
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