Date:
04/18/2019
Subject:
Courtney Crowder/Iowa State University - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Courtney Crowder, Complainant And Concerning: Iowa State University, Respondent |
Case Number: 19FC:0030 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Courtney Crowder filed formal complaint 19FC:0030 on March 22, 2019. She alleged that Iowa State University (ISU) violated Iowa Code chapter 22 by declining to release records she requested on February 27, 2019.
Ms. Crowder requested emails between two ISU employees during a two-year period, the list of attendees at various retreats sponsored by ISU, and a 2018 4H customer survey. She alleged that ISU responded by stating that the emails were confidential personnel records and that the attendee lists are personal student records. The survey was released.
In a response dated April 5, 2019, counsel for ISU stated that the retreat participants are minors. The retreats are culturally-based, focusing on underrepresented youth. Release of this information would reveal personal information about the identity of the children, information which is confidential under Iowa Code section 22.7(1).
Counsel for ISU also stated that the Family Educational Rights and Privacy Act (FERPA), a federal law, protects the release of this information absent the consent of the child’s parent. He stated that ISU does not have the consent of the parents.
Ms. Crowder alleged that the requested information is similar to the routinely released ‘student directory’ information. Counsel responded that class lists are not the same as the directory information ISU maintains for college students.
Counsel for ISU responded that the requested emails are considered confidential personnel records because one of the employees named in the request is a human resource coordinatior for ISU. The only emails responsive to the request are discussions of “confidential personal information about identifiable individual employees of the University.”
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint meets those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0030 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to engage in reaching an informal resolution, with the assistance of IPIB staff, pursuant to Iowa Code section 23.9.
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on April 18, 2019. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April 2019, to:
Courtney Crowder
Michael Norton, counsel for Iowa State University