Employee Notification of Disciplinary Records Request Under FOIL

The University at Buffalo (UB, university) is committed to transparency and fairness in its records management practices. In compliance with the amendment to the New York State Freedom of Information Law (FOIL), signed into law on September 4, 2024, UB will notify current and former employees when their disciplinary records are released in response to a FOIL request. Notification will be provided after the disclosure has occurred.

The notification will:

• Be provided in writing
• Inform the employee that their disciplinary records have been released in response to a FOIL request
• Include a copy of the released records

When disciplinary records concerning a current employee are released in response to a FOIL request, the Records Access Officer will send written notice to the employee’s UB email address using the FOIL email account, with a read receipt enabled. This notice will be sent after the records have been released, and Human Resources and Employee Relations will be copied on the communication.

Effective September 4, 2024, Chapter 302 of the Laws of 2024 amended Article 6 of the New York State Freedom of Information Law to require public employers to notify employees when their disciplinary records are the subject of a FOIL request. This policy promotes due process and transparency for affected employees, while balancing the public’s right to access government records.

This policy applies to all:

• Current and former UB faculty, staff, and student employees
• UB departments and units responsible for managing or responding to FOIL requests
• FOIL requests involving employee disciplinary records, except when the request is submitted by the employee seeking access to their own records

This policy does not apply to individuals employed by The Research Foundation for the State University of New York, University at Buffalo Foundation, or Faculty Student Association.

Disciplinary Records
Record as defined under Public Officers Law 86(6), including those created in furtherance of a disciplinary proceeding, including, but not limited to the:

• Complaints, allegations, or charges against an employee
• Employee’s name as the subject of the complaint or charge
• Transcripts, exhibits, or other documents from disciplinary hearings or trials
• Disposition of any disciplinary proceeding
• Final written opinion or memorandum supporting the disposition, including factual findings, analysis of conduct, and imposed discipline

Employee
Individual currently or previously employed by the University at Buffalo.

• Provide written notice to current and former employees when their disciplinary records are released in response to a FOIL request.
• Make reasonable efforts to locate a former employee’s home address when no current address is available through Human Resources.