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1975-1978 Texas Attorney General Reports and Opinions 1 (1975-1978)

handle is hein.sag/sagtx0011 and id is 1 raw text is: TUE ATTORNEY GENERA OF TEXAS .. AUSTrIN, TEXAS 78711 JOHN L. HILL ATTORNEY GENERAL July 10,- 1975 The Honorable Carlton B. Dodson Open Records Decision No. 101 Resident Legal Counsel Texas Tech University Complex Re: Faculty member access P. 0. Box 4641 to student evaluations of his Lubbock, Texas 79409 performance made under prom- i s e of confidentiality. Dear Mr. Dodson: Pursuant to section 7 of the Open Records Act, article 6252 -17a, V. T. C. S., you request our decision as to whether student evaluations of a faculty member written under an assurance of confidentiality are excepted from disclosure. A faculty member whose emplgyment has been terminated by the University has requested all records pertaining to him and his employment relationship, particularly those 6hoeffiing evaluations of his performance as a faculty mrnber and the decision to terminate his employment. The evaluations in question were written in November 1973 by students in response to a request by the departmental chairman on a form which stated: I am asking you to write an objective, analytical, and specific evaluation of the teaching practicum in which you are enrolled. Enclosed herewith you will find an envelope addressed to me and marked personal and con- fidential. Only I shall open it and read your evaluation, I shall not reveal your identity. . . (emphasis in original). It is your position that the information is excepted from disclosure be- cause it is not a part of the permanent personnel file of the faculty member. Such a contention was answered adversely to your position in Open Records Decision No. 55(1974). The physical form or location of information is not determinative of whthtr*-the information is required to be disclosed under the Act. Attorney General Opinion H-483 (1974). In Open Records Decision No. 55 (1974) we held that information located in the files of the University and having to do with the performance of a faculty member and evaluation of performance vis-a-vis his retention as a faculty member, is information which is made available to the member by d'ectio. 3(a)(2) of the Open Records Act.

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