Public Records Requests and Academic Freedom

A member received notice that a public records request had been submitted from a source outside of UMB ("Defending Education") seeking the content of UMB emails spanning several months and containing specific words to and from the member (MA public records law allows for certain types of information of this sort to be given to requestors). The member was informed of the request 6 weeks after UMB received the request and informed that the university was reviewing emails for release. The member alerted the UMB administrator that the request would include student and research emails and was told that student emails would be withheld. The member and FSU requested review of emails prior to release. The member and FSU were subsequently informed that the university had turned over emails to the requestor. The member reviewed the emails and identified that the emails released had included information that was not subject to public records law, including private email addresses of the member, student information, and more. The member informed UMB administration multiple times but was initially assured that all emails had been reviewed. Upon the member identifying specific emails and associated problems and communicating these specifics to the Administration, the university sent a correction to the outside source and a request that prior released emails be deleted and not viewed. The member assessed that this action had a chilling effect on academic freedom, among other concerns, and, in conjunction with approximately 30 other faculty members, opted to file a grievance alleging violation of the Academic Freedom article of the contract (Article 8). The grievance was filed and a level I hearing date will be scheduled. An initial remedy requested for the grievance is to negotiate a policy with the FSU regarding public records requests that would give members and the FSU/MTA an opportunity to see the records in advance of them being sent to requestors to ensure compliance with labor law and to protect the academic freedom of FSU members. In addition, the MTA filed an unfair labor practice charge on behalf of the member and the FSU alleging violation of the union’s rights under state law to not engage with the union in good faith efforts to negotiate a policy concerning public records requests.