PPM Section 18 - Employment Files and Forms: Release of Information
PPM Section 18 - Employment files and forms: release of information
Subpoenas and other legal documents requiring action or appearance
General
Except as described otherwise in this section, employees receiving any subpoena, document,
or other request to appear, respond, answer questions, or provide information to any court,
administrative agency or department, or other legal authority, in connection with their
employment relationship with, or which pertains to, Western Michigan University must immediately
notify and deliver the subpoena, document, or request to the Office of the General Counsel
for legal review and direction BEFORE responding or providing information.
If damages, liability, or costs to the University result from an employee's failure to
adhere to these procedures, the employee will be subject to discipline, up to and including
termination from employment. This section does not apply to plaintiffs and petitioners
in proceedings.
Subpoenas and other legal pleadings for medical records and transcripts or other academic
records are addressed below.
If Human Resources receives a subpoena, it will be forwarded to the Office of the General
Counsel for legal review and instructions.
Medical records
If Sindecuse Health Center receives a subpoena and patient authorization for release of medical records, a copy of the subpoena and patient authorization, copies of the medical records, and a bill are to be forwarded to the Office of the General Counsel for legal review and, if approved, response to the requestor. The original subpoena, patient authorization, and medical records remain at Sindecuse Health Center. Questions about subpoenas should be reviewed with the Office of the General Counsel prior to processing.
Transcripts or other academic records
If an employee receives a subpoena or other legal pleading on behalf of the University regarding transcripts or other academic record information, the subpoena or legal pleading should be immediately delivered to the Registrar's Office for review and response.
Other requests for information
Requests originating from outside of the University for information on current or former (non-student)
employees should be referred to HR Services. Requests regarding student
employees should be forwarded to Career and Student Employment Services.
Position title, employment dates, and employment status are released on employees when requested
by institutions/individuals with a bona fide need to know, e.g., banks, insurance companies,
credit bureaus.
Release of other information from an individual's University document file to persons other
than those authorized will not be made without the employee's written request and/or legal
action. The University reserves the right to control the release of its official records,
including information it has retained in personnel files, except under compelling legal action.