Contact Us Directory Site Map Search IUP Home

Correspondence regarding this site should be sent to its maintainer, Michelle Shaffer Fryling, <mfryling@iup.edu>. Please see IUP's statement regarding pages that do not officially represent the university.
 

Access to Public Records

The Pennsylvania Right to Know Law

The Pennsylvania Right to Know Law (“Right to Know Law” or “Act”)  provides that every public Record of a Commonwealth agency shall, at reasonable times, be open for examination and inspection.  It applies to the State System of Higher Education and its constituent universities and operational entities (collectively referred to as “university” or “universities”).

The Right to Know Law was amended on June 29, 2002.  The amendments, which  became effective December 26, 2002, do not change the definition of what constitutes a public record; they primarily address new procedures for agencies’ responses to requests for such records and administrative remedies.

Michelle Fryling, Director of Media Relations, is the University Right to Know official responsible for receipt of requests for public records. Forms for requesting public records are available from Ms. Fryling or on this website (click here).  A copy of Indiana University of Pennsylvania’s Policy for compliance with the Pennsylvania Right to Know Law is on file in the Media Relations office.  Those who wish to request public records or to review the policy should contact:

Michelle Fryling, Director, Media Relations
1011 South Drive, 326 Sutton Hall
Indiana University of Pennsylvania
Indiana, PA  15705
Phone:  724-357-2302
Fax:  724-357-7993
E-mail: mfryling@iup.edu

 Requests should be in writing and should identify or describe the records sought with sufficient specificity.   They may be submitted in person, by facsimile, by mail or by e-mail.

 Records will be made available during normal business hours, Monday through Friday, 8:00 a.m. to 4:30 p.m. except during the lunch hour from noon to 1 p.m.

 The fee for duplication of records is 15 cents per single-sided copy.   The requester will also be responsible for the cost of postage.  Additional fees for document redaction may be assessed.

 Any denial of information requested will be in writing and will include a description of the record requested, the specific reason for denial, the name, address, title, phone number and signature of the person denying the information, the date of the response, and a procedure for appeals.

 Requesters may appeal a denial to the Exceptions Officer within 15 business days of a written denial.   The University President is the Exceptions Officer.  Appeals may addressed to:  Office of the President, Indiana University of Pennsylvania, 1011 South Drive, Room 201 Sutton Hall, Indiana, PA  15705.

 The Exceptions Officer will respond to appeals within 30 calendar days of the mailing date of the appeal.  A denial by the Exceptions Officer may be appealed to the Pennsylvania Commonwealth Court within 30 calendar days.

POLICY FOR IMPLEMENTING THE PROVISIONS OF THE PENNSYLVANIA RIGHT-TO-KNOW LAW

Indiana University of Pennsylvania (IUP) has established a policy and procedures for implementation of, and compliance with, the Pennsylvania Right to Know Law in order to facilitate the acquisition of University public records.  Requested information will be made available when it is determined to be a public record.

Public Records include:

Ø      Any account, voucher or contract dealing with the receipt or disbursement of funds by the University or its acquisition, use or disposal of services or of supplies, materials, equipment or other property;

Ø      Any minute, order or decision by the University fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons;

Ø      Reports compiled by the University pertaining to safety and health in industrial facilities

Public Records do not include:

Ø      Documents involving the progress of official agency investigations

Ø      Medical, educational or police-related investigation information which is covered by other statutes such as the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability  Act (HIPAA)

Ø      Documents which would prejudice or impair a person’s reputation or personal security, not including their right to privacy

Ø      Documents whose disclosure would precipitate agency loss of Federal funds

Indiana University of Pennsylvania’s Responsibilities:

IUP will accept only written requests. 

IUP will provide the requested public record in the medium in which it is requested if it exists in that medium.  Upon request, records maintained electronically or in other non-paper media will be duplicated on paper.

Records will be made available during normal business hours, Monday through Friday, 8 a.m. to 4:30 p.m. except during the lunch hour from noon to 1 p.m.

The University will respond to all requests within 10 business days of receipt.  The response will either provide the information requested, establish a date within 30 calendar days when the information will be provided, or deny the request.

Any denial of information requested will be in writing and will include a description of the record requested, the specific reason for the denial, the name, address, title, phone number and signature of the person denying the information, the date of the response, and a procedure for appeal.

The University President is the Exceptions Officer and will respond to appeals within 30 calendar days of the mailing date of the appeal.

This Policy and Procedure will be available in the Right-to-Know Officer's office (Office of Media Relations, 316 Sutton Hall) and posted on the official University website.

The Requester’s Rights/Responsibilities:
The request for records must be in writing on the form provided but need not include any reason for the request.  The written request should identify or describe the records sought with sufficient specificity. It may be submitted via facsimile machine, the mail, in person or by e-mail to mfryling@iup.edu.

The requester will be responsible for the cost of postage and any duplication at the rate of $.15 per single-sided sheet.  Additional charges may be assessed for document redaction. 

All requests must be made to:  Director of Media Relations, Room 326 Sutton Hall, Indiana University of Pennsylvania, Indiana, PA  15705.  Telephone 724-357-2302.

A denial may be appealed by the requester to the Exceptions Officer and must be made in writing within 15 business days of the written denial, or within 15 business  days of a ten-day period following the request if no response is provided.  Appeals should be addressed to: Office of the President, Indiana University of Pennsylvania, 1011 South Drive, Room 201 Sutton Hall, Indiana, PA  15705.

If the University President denies the appeal, such decision may be further appealed to the Pennsylvania Commonwealth Court within 30 calendar days.

A copy of the amended Pennsylvania Right to Know Act is available for review in the Office of the Director of Media Relations and Community Affairs.

Indiana University of Pennsylvania

RIGHT TO KNOW INFORMATION REQUEST FORM

In order to fulfill the request of Commonwealth citizens for public records, requesters are asked to complete this form and return it by mail, fax or e-mail to:

Michelle Fryling
Director, Media Relations and Community Affairs
1011 South Drive, 326 Sutton Hall
Indiana University of Pennsylvania
Indiana PA 15705
Fax: 724-357-7993
Email: mfryling@iup.edu 

Requester’s name ______________________________________________________

Mailing Address _______________________________________________________

                                                                Street/P.O. Box

                                    _______________________________________________________________________         City                                      State                          Zip Code

                                     __________________________________________________________________________
 Phone No.  (optional)                                                      Fax No. (optional)

Requester would prefer to pick up materials from 326 Sutton Hall, IUP.   ___Yes  ___No

Please examine a copy of the Right to Know Law regarding viewing materials stored electronically.   If materials are only available electronically, the requester will be contacted with details about when and where materials can be viewed.

In compliance with the Right to Know Law, requesters are responsible for postage and copying costs of materials, as appropriate to the medium that the materials are stored.

Fees will be assessed for document redaction if required.

I, the requester, agree to pay appropriate costs for obtaining the requested materials at a rate of 15 cents per single-sided sheet of standard copy paper, postage costs and additional fees for document redaction.   Charges will be assessed to the requester at time of delivery of materials.

___Yes              ___No

In order to correctly and accurately fulfill the request for information, the requester is asked to explain, in detail, item(s) requested. Please be as specific as possible:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Requester’s Signature

Date______________