Date:
03/16/2023
Subject:
Elizabeth Pirotte/Iowa State University - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Elizabeth Pirotte, Complainant And Concerning: Iowa State University, Respondent |
Case Number: 23FC:0009 Dismissal Order
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On January 26, 2023, Elizabeth Pirotte filed formal complaint 23FC:0009, alleging that Iowa State University (ISU) violated Iowa Code chapter 22.
Ms. Pirotte alleged that on January 12, 2023, she filed a request with ISU requesting the number of informal and formal complaints filed against specific ISU coaches.
On January 13, 2023, ISU acknowledged her request and provided a copy of the ISU fee schedule. On January 18, 2023, ISU informed Ms. Pirotte that copies of the records she requested were protected by “Federal Title IX regulations (34 CFR s. 106.71(a)), Iowa Code (Chapter 22.7(1), (11))); and University Policy….”
On January 19, 2023, Ms. Pirotte modified her record request to request “the numerical number” of formal and informal complaints filed against “Iowa State University’s Women’s Soccer Staff” between from 2012 to 2020.
On January 25, 2023, ISU responded and stated “the university is not in possession of any responsive records.”
Legal counsel for ISU responded to this complaint on February 8, 2023, attached as Exhibit 1.
The first record request concerned confidential records, both under Federal regulations1 and Iowa Code sections 22.7(1) and (11). Section 22.7(1) defines student records as confidential:
1. Personal information in records regarding a student, prospective student, or former student maintained, created, collected or assembled by or for a school corporation or educational institution maintaining such records….
Iowa Code section 22.7(11) defines certain personal information in personnel records as confidential:
11. a. Personal information in confidential personnel records of government bodies relating to identified or identifiable individuals who are officials, officers, or employees of the government bodies. However, the following information relating to such individuals contained in personnel records shall be public records:
(1) The name and compensation of the individual including any written agreement establishing compensation or any other terms of employment excluding any information otherwise excludable from public information pursuant to this section or any other applicable provision of law. For purposes of this paragraph, “compensation” means payment of, or agreement to pay, any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official, officer, or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation, holiday, and sick leave, severance payments, retirement benefits, and deferred compensation.
(2) The dates the individual was employed by the government body.
(3) The positions the individual holds or has held with the government body.
(4) The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held, and dates of previous employment.
(5) The fact that the individual resigned in lieu of termination, was discharged, or was demoted as the result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion. For purposes of this subparagraph, "demoted" and "demotion" mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade.
The modified request for records asked ISU to create a record that would include the total numbers of formal and the total numbers of informal complaints filed by students against the staff, which included the previously named coaching staff.
ISU replied that the university does not have a record responsive to this request. A government body is not required to create a list to fulfill a record request.2
Because the educational and personnel records are confidential, ISU did not violate Iowa Code chapter 22 on the first request specific to certain employees and to students. As to the modified request, there are no records responsive to this request.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 23FC:0009 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
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 March 16, 2023. 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.
1. Student records are also protected by the Federal Educational Rights Privacy Act (FERPA), 20 U.S.C. section 1232g. FERPA allows for the release of some information from protected records, but only if the identity of the student cannot be discovered based upon the content released. Because of the small numbers of students and staff involved in the soccer program, it is highly likely that student identities would be released.
2. It is also likely that creating a list for Ms. Pirotte would inadvertently release confidential student or personnel information.
CERTIFICATE OF MAILING
This document was sent on the ___ day of March, 2023, to:
Elizabeth Pirotte
Michael Norton, legal counsel for Iowa State University