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
.. AUSTrIN, TEXAS 78711
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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