Public Records and Public Records Requests

What are public records?

A public record includes any record prepared, owned, used, or kept by a public entity, such as Oregon Tech, that relates to the public’s business. Public records include written documents, electronic files, photographs, and other methods of storing information.

Are all records kept by the university required to be disclosed upon request?

No. Oregon’s public records law exempts various public records from disclosure. Examples of public records that may be exempt from disclosure include:

• Student education records
• Some types of faculty records
• Trade secrets
• Records related to ongoing litigation
• Some types of donation records
• Attorney-client privileged communication

https://www.doj.state.or.us/oregon-department-of-justice/public-records/attorney-generals-public-records-and-meetings-manual/.

How can I make a public records request?

Requests for public records kept by Oregon Tech should be submitted to the Oregon Tech Office of Public Records Office of Public Records | Oregon Tech (oit.edu). Instructions for submitting a request can be found on the Office of Public Records website. The Office of Public Records generally charges for the actual cost of making public records available. Fees are based on the amount of staff time required, a per-page fee for photocopies (if hard copies are requested), and any mailing or delivery charges (if hard copies are requested).

Please contact the Office of Public Records at Office of Public Records | Oregon Tech (oit.edu) for more information.

What should I do if I receive a records request for a student’s education records or an employee’s personnel records from an outside individual or entity?

Office of Public Records at Office of Public Records | Oregon Tech (oit.edu), as this request may be more appropriately treated as a public records request under the Oregon Public Records Law. Furthermore, certain laws and/or university policies (e.g., the Family Educational Rights and Privacy Act (FERPA) and Policies and Procedures) may provide additional protections for these records and require written consent of the affected student or employee prior to any release.

What should I do if I receive the same type of records request from an Oregon Tech employee who has no Oregon Tech work-related business need for the record?

Same as above. Unless the employee needs the information to do their job, the mere fact that a request comes from an Oregon Tech employee does not mean that the above laws can be circumvented. Please contact the Office of University Counsel if you require additional guidance.

What is FERPA?

FERPA is the Family Educational Rights and Privacy Act. In general, the law:

• Restricts the ability of Oregon Tech personnel to release information from student education records
• Provides students with a right of access to their student records
• Enables students to request corrections of inaccurate information in their records

Under FERPA, the definition of “education records” is broad. It includes records directly related to a student that are maintained by Oregon Tech, or a party acting for Oregon Tech. All Oregon Tech personnel are responsible for complying with FERPA’s confidentiality requirements. More information about FERPA rights and obligations, including sample release forms, can be found on the Office of the Registrar | Oregon Tech (oit.edu) website.