Policy 181

Purpose: 

This policy outlines the procedures for the College to respond to information requests, including subpoenas, warrants, and other law enforcement agency actions (including but not limited to local, state, or federal agencies) actions, while ensuring compliance with applicable laws, and protecting the rights and privacy of students, faculty, and staff. 

General Principles:

1. Compliance with Law: The College will comply with all applicable federal and state laws regarding information requests.
2. Protection of Privacy: The College is committed to protecting the privacy of student, faculty, and staff records as required by law, including the Family Educational Rights and Privacy Act (FERPA).
3. Transparency and Due Process: The College will strive to be transparent in its responses to information requests while ensuring due process and fairness.

Section 1.  
FOIA (Freedom of Information Act) Requests:  For FOIA Requests, please refer to policy 180. The Executive Associate to the President is the designated FOIA Officer for the College. All FOIA requests must be directed to the FOIA Officer.

Section 2.       
Employment Verifications and/or References:  All requests for employment verifications, wages, or other employment information must be directed to the Human Resources Department. Glen Oaks Community College will only provide positions held and dates of employment. A release/waiver signed by the employee, or a FOIA request is required if the requester wishes to obtain additional information such as wages. Employees are not authorized provide references on behalf of the College (on Glen Oaks letterhead) but may act as a personal reference if they so choose.

Section 3. 
Personnel Records: Requests for current or former employee personnel records must be directed to the Human Resources Department. Requests for personnel records will be handled in accordance with the Bullard-Plawecki Employee Right to Know Act. Employees shall not divulge a disciplinary report, letter of reprimand, or other disciplinary action to a third party, without providing the employee or former employee written notice by first-class mail to the employee or former employee’s last known address, prior to divulging the information. 

Section 4. 
Subpoenas and Warrants: Employees should not take possession of or sign any legal documents such as subpoenas or warrants. These should be directed to the Campus Safety Director (Ext 261), or a member of the President’s Cabinet. The Campus Safety Director or Cabinet Member (or designee) will consult with the College’s legal counsel to verify its authenticity and legality. The individual or department, whose information is being sought, will be notified, if legally permissible. Requests for personnel information must be directed to the Human Resources Department. Requests for student information must be directed to the Registrar’s Office. The College will comply with the legal requirements of the subpoena or warrant while minimizing the disclosure of information.

Section 5:

Law Enforcement Agency Action:  In the event of any local, state, or federal law enforcement officer’s presence at the College, request for information or inspection, a member of the President’s Cabinet shall be notified immediately. The College will consult with legal counsel to determine the appropriate response and ensure compliance with applicable laws. Access to student and employee records will be limited to those legally authorized to receive them.

Law Enforcement officers, like other guests, are permitted to enter public areas of the College (concourse, hallways, parking lots, learning commons, etc). However, they are not authorized to enter/search private areas without presenting a judicial warrant to the appropriate member of the President’s Cabinet. Private areas include offices, meeting rooms, classrooms, and the Devier Student Suites Residence Hall. Employees shall obtain documentation from the law enforcement officer (e.g., identification, business card, any warrants, or subpoenas) and make copies or clear photos.                       

Employees shall read the contents of any warrant presented. A warrant signed by a judge or magistrate in a federal or state court (Judicial Warrant) is required for law enforcement officers to proceed beyond public areas and into the private areas of the College. A warrant signed by an employee of Immigration and Customs Enforcement (ICE) or Department of Homeland Security (DHS) (Administrative Warrant) are merely requests and do not have the same effect as a Judicial Warrant.

If a member of law enforcement attempts to enter a private area of the College with a Judicial Warrant, employees shall comply and may say, “a Member of the President’s Cabinet will arrive shortly to assist you.” If a member of law enforcement attempts to enter a private area of the College with an Administrative Warrant, employees may say, “I cannot give you permission to enter this area, you must speak with a Member of the President’s Cabinet, who shall arrive shortly.”Being in a public area does not give law enforcement the authority to detain/question anyone. Employees should not disclose any personnel or student information not specifically requested by a Judicial Warrant.