Public Records

Operating Procedures for Responding to Requests for University Records

These procedures outline a centralized process for responding to public records requests and subpoenas by third parties in claims or lawsuits to which the University is not a party.

As a state institution, many of Purdue University’s files and records are generally subject to inspection and copying by members of the public, unless there is an applicable exception to their disclosure. Indiana’s Access to Public Records Act has many such exceptions, which must be considered by the Public Records Administrator before affording that access.

Purdue University and its employees are also subject to the subpoena powers of state and federal courts. Through the issuance of subpoenas, third parties involved in claims and lawsuits often seek to obtain University records that they consider relevant, even when the University is not a party to the claim or lawsuit. These third-party subpoenas may present confidentiality issues or be objectionable for other valid reasons related to the files or records requested. The Office of Legal Counsel must review all subpoenas to ensure any objections are preserved before responding to valid subpoenas.

If someone contacts your department to request access to any public record:

1. Clearly state that you have no authority to receive, grant or deny any request for access.
2. Instruct them to contact Legal Counsel:
   • West Lafayette: Office of Legal Counsel, 765-496-3550
   • Fort Wayne: Christine M. Marcuccilli, Associate Director of Compliance/Title IX Coordinator, 260-481-6107
   • Northwest: Stephen R. Turner, Vice Chancellor for Finance and Administration, 219-989-2232

If you are served a subpoena that requires production of any University record or requires your attendance at a legal proceeding because you are a University employee:

1. Immediately contact the Office of Legal Counsel at 765-494-0485 and arrange to forward the subpoena for review.
2. Do not attempt to comply with or respond in any way to the subpoena until you have received instructions from the Office of Legal Counsel.

Definitions

A public record is broadly defined as any writing, paper, report, study, map, photograph, book, card, tape recording or other material that is created, received, retained, maintained, or filed by or with a public agency and that is generated on paper, paper substitutes, photographic media, chemically-based media, magnetic or machine readable media, or any other material, regardless of form or characteristics.

Inspect is defined to include the right to do the following:

• Manually transcribe and make notes, abstracts, or memoranda.
• In the case of tape recordings or other aural public records, to listen and manually transcribe or duplicate, or make notes, abstracts, or other memoranda from them.
• In the case of public records available a) by enhanced access or b) to a governmental entity to examine and copy the public records by use of an electronic device.
• In the case of electronically stored data, to manually transcribe and make notes, abstracts, or memoranda or to duplicate the data onto a disk, tape, drum, or any other medium of electronic storage.

A subpoena is a formal legal order issued by a court or an officer of a court that may direct third parties to produce records and documents in their possession or compel their attendance in connection with a legal proceeding.

Responding to Requests for Access to Public Records

In response to requests for access to public records, all decisions regarding disclosure or nondisclosure are made only by the campus Legal Counsel, who acts on each request in the light of the complete statute and the particular factual situation, with legal advice and assistance as necessary.

Responding to Third-Party Subpoenas for Production of University Records

All decisions on the appropriate response to a subpoena are made by the Office of Legal Counsel.

The Office of Legal Counsel will coordinate the University’s timely response to the subpoena and ensure that all of its legal obligations are met and all appropriate objections are preserved. Subpoenas demanding production of “protected health information" from “covered components," as those terms are defined by the University’s policy on Compliance with HIPAA Privacy and Security Regulations (VIII.A.1), as amended or superseded, require particular care and attention. The Office of Legal Counsel will evaluate and prepare the University’s response to such subpoenas in accordance with applicable law.

Exclusions

Requests for access to records covered under the Family Educational Rights and Privacy Act of 1974 are handled in accordance with the policy on Access to Student Education Records (VIII.A.4).

Procedures for responding to discovery requests in cases where the University and/or University officials or employees are directly involved as parties are NOT within the scope of these procedures. Discovery requests of this nature continue to be conducted pursuant to consultation with the Office of Legal Counsel.

Responsibility for These Procedures

Office of Legal Counsel is the public records officer for the University. He or she designates a Legal Counsel for each campus to be responsible for responding to requests for access to public records and to third-party subpoenas for University records. The Office of Legal Counsel is responsible for maintaining these procedures.

History and Updates

June 1, 2016: These procedures supersede the policy on Disclosure of University Records in Connection with the "Access to Public Records" Act and in Response to Third-Party Subpoenas (VIII.A.3).