Section: Employment
Policy Number: 122
Responsible Office: HR/HR Services
Effective Date: 4/1/01
Revised: 9/18/08; 11/6/26
Policy
The Office of Human Resources maintains employee personnel records in accordance with applicable law.
For purposes of this Policy, personnel records include records maintained by the University, or by a third party pursuant to a contractual arrangement with the University, that identify an employee and are used, have been used, or may be used in connection with decisions concerning the employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.
Personnel records include, but are not limited to, the following, to the extent applicable: an employee’s name, address, date of birth, job title and description; rate of pay and other compensation paid; starting date of employment; job application; resumes or other forms of employment inquiry; performance evaluations; written warnings of substandard performance; records of probationary periods; waivers signed by the employee; termination notices; and any other documents relating to disciplinary action.
Personnel records do not include personal information concerning another individual where disclosure would constitute a clearly unwarranted invasion of that individual’s privacy.
The University shall retain an employee’s complete personnel record throughout the employee’s employment and for at least three years following the cessation of employment, whether through termination, resignation, or otherwise. During this period, personnel records shall not be deleted or expunged except as permitted by applicable law. Records shall be retained for longer periods where required by applicable law or the University’s record retention requirements.
Procedure
- Requesting to Review or Obtain a Copy of a Personnel Record
An employee or former employee may review or obtain a copy of their personnel record by submitting a written request to HR Services.
The University shall provide a copy of the requested personnel record, at no cost to the employee or former employee, within five business days of submission of the written request.
The University is not required to permit an employee or former employee to review their personnel record more than twice per calendar year, except where the review is prompted by notification of negative information placed in the personnel record pursuant to Section B below.
- Notification of Negative Information
HR Services shall notify an employee within ten calendar days of the placement in the employee’s personnel record of any information that is, has been, or may be used to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation, or the possibility of disciplinary action.
- Dispute Resolution
An employee or former employee who disagrees with information contained in their personnel record may request that the information be corrected or removed. The University and the employee or former employee may mutually agree to such correction or removal.
If no agreement is reached, the employee or former employee may submit a written statement explaining their position. The statement shall be included in and become part of the personnel record.
If the disputed information is subsequently disclosed to a third party, the employee’s or former employee’s written statement shall also be furnished, provided that the disputed information remains part of the personnel record.
Anti-Retaliation and Complaint Procedure
The University prohibits retaliation against any employee or former employee for exercising their rights under this Policy or applicable law.
Complaints relating to this Policy should be directed to the Office of Equal Opportunity & Compliance.
St. John's University, New York
Human Resources Policy Manual