Faculty Personnel Records and Confidentiality of Personnel Information

North Carolina General Statutes 126-22 specifies that a "personnel file" for purposes of the statute consists of "any information gathered by the department and which information relates to the individual's application, selection or non-selection, promotion, demotions, transfers, leave, salary, suspension, performance evaluation forms, disciplinary actions, and termination of employment wherever located and in whatever form." 

Based on established business practice at UNC-Chapel Hill, the contents of a faculty members personnel file may be located in various University offices including the faculty members primary or secondary appointing department, school/division-level offices, the Human Resources Records & Data Management Department, the Office of the Executive Vice Chancellor and Provost (OEVC&P), the Chancellor's Office, and the Office of the University Counsel.

The following information regarding each faculty member is considered public information and must be released upon request to any member of the general public:

• Name
• Age (not date of birth)
• Current department (for EPA purposes, this will be the base department)
• Date of original employment with the State or appointment to State service
• Current EPA job title (for EPA purposes to include primary rank and working title when present)
• Current salary
• Date and amount of most recent change in salary
• Date of most recent promotion, demotion, transfer, suspension, separation, or other change in position classification.

The Office of University Counsel has also ruled that employee electronic mail address and campus office address are also considered as public information given their inclusion in the publicly available University campus directory.

Any additional personnel information regarding faculty members not specifically identified above must be considered confidential under State law unless otherwise explicitly authorized by the Office of University Counsel. These laws impose the obligation on the University and upon all University employees who are or come into possession of such confidential personnel information to keep the information confidential.

In the context of our tenure review and promotional processes, which require that the dean or department chairman consult with the assembled full professors, the full professors themselves assume a "supervisory" position with respect to evaluation of promotional candidates. In this capacity, they must be given access to that portion of the personnel file that is relevant to the review for tenure or promotion. At the same time they also acquire confidential information through the deliberations of their colleagues during the assembly of full professors.

It is the University's position that such proceedings are covered by relevant state statutes that require that all professors who participate in this process are bound to keep both the content of the discussion and the group's decisions in confidence. The candidate is free to speak to anyone as much or as little as he or she chooses, but the reviewer is bound to confidentiality. These same guidelines apply to School and University-level committees with responsibility for faculty reviews related to tenure and promotion.

A personnel file is confidential to all except those who have a need to know its contents. Only authorized people shall have access. Each University office that houses faculty personnel files must establish controls to protect information from unauthorized disclosure. For example, personnel files should be stored in a locked cabinet or drawer with access strictly limited by authorized department staff. To allow an unauthorized person access to confidential information in a personnel file, or to disclose information to such a person is criminal act punishable under State law.

 

Any request by a Faculty member for access to his/her personnel file must be directed to the Office of the University Counsel. Upon receiving a request, the files will be assembled from all locations and a meeting time will be established to permit review of the file by the faculty member.

A faculty member may examine his/her entire personnel file with the exception of letters of reference solicited prior to initial University employment or information concerning medical disabilities (mental or physical) that a physician might not have disclosed to the faculty member. Such medical information may be disclosed to a licensed physician designated in writing by the faculty member. Information in the public record may be copied; however, documents may not be removed or borrowed.