Final Determination Record

Paul v. West Chester University of Pennsylvania

OOR Dkt. No.: AP 2018-1864
Case Status: Partially Granted/Partially Denied

Chester

Request sought records related to complaints of sexual harassment made against West Chester Univ. faculty for a 5 year period. Agency proved that records relate to a noncriminal investigation. To the extent that the agency took a final action regarding the employee, the records must be disclosed. Granted in part, denied in part.

  • Section 708(b)(7) - Agency employee records
  • Section 708(b)(7)(ii) A performance rating or review
  • Section 708(b)(7)(iii) The result of a civil service or similar test administered by a Commonwealth agency, legislative agency or judicial agency. The result of a civil service or similar test administered by a local agency shall not be disclosed if restricted by a collective bargaining agreement. Only test scores of individuals who obtained a passing score on a test administered by a local agency may be disclosed.
  • Section 708(b)(7)(iv) The employment application of an individual who is not hired by the agency
  • Section 708(b)(7)(ix) An academic transcript
  • Section 708(b)(7)(v) Workplace support services program information
  • Section 708(b)(7)(vi) Written criticisms of an employee
  • Section 708(b)(7)(vii) Grievance material, including documents related to discrimination or sexual harassment
  • Section 708(b)(7)(viii) Information regarding discipline, demotion or discharge contained in a personnel file. This subparagraph shall not apply to the final action of an agency that results in demotion or discharge
  • Section 708(b)(17) - Noncriminal investigative records
  • Section 708(b)(17)(ii) Investigative materials, notes, correspondence and reports
  • Section 708(b)(17)(iii) A record that includes the identity of a confidential source, including individuals subject to the act of December 12, 1986 (P.L.1559, No.169), known as the Whistleblower Law.
  • Section 708(b)(17)(iv) A record that includes information made confidential by law.
  • Section 708(b)(17)(v) Work papers underlying an audit.
  • Section 708(b)(17)(vi) A record that, if disclosed, would do any of the following: (A) Reveal the institution, progress or result of an agency investigation, except the imposition of a fine or civil penalty, the suspension, modification or revocation of a license, permit, registration, certification or similar authorization issued by an agency or an executed settlement agreement unless the agreement is determined to be confidential by a court. (B) Deprive a person of the right to an impartial adjudication. (C) Constitute an unwarranted invasion of privacy. (D) Hinder an agencys ability to secure an administrative or civil sanction. (E) Endanger the life or physical safety of an individual.
  • The agency invoked a 30 day extension to respond to the request.

Filings Received by OOR
Filed Adjudicator Description or File Name Document
11/07/2018 2018-1864_Paul_WestChesterU_FD.pdf