Case Information
*1 The Attorney General of Texas June 1, 1983
JIM MATTOX
Attorney General Telex Supreme 5121475-2501 P. 0. BOX 12548 Te,eco,Wzr Austin. [91018741367] TX. 78711- Court Building 5121475-0266 [2548] Austin, Texas 78711 P. 0. Box 12068, Capitol Station Texas State Senate Honorable Carl A. Parker Chairman Senate Education Committee make opinion No. JM-36 Re: Whether student evaluations the public if they are used to of faculty members are open to promotion and salary
decisions 1607 Main St.. Suite Dallas. 2141742-8944 TX. 75201-4709 [1400] Dear Senator Parker:
You have requested our opinion as to whether student evaluations of faculty members are open to the public under the Open Records Act, 4824 Alberta Ave.. Suite 160 article 6252-17a. V.T.C.S., if such evaluations are a factor in El Paso, TX. 79905.2793 determining faculty tenure, promotions and/or salary. You suggest 9151533.3484 that such information might be excepted from disclosure by section P 3(a)(2) of the Open Records Act, as: ~20 Dallas Ave.. Suite 202 Ho”ston. TX. 77002-6986 information in personnel files, the disclosure of 7131650-0666 which would constitute a clearly unwarranted
invasion of personal privacy. 806 Broadway. Suite 312 Lubbock. TX. 79401-3479 The scope of employee privacy under section 3(a)(2) is very 8061747-5238 narrow. Open Records Decision Nos. 336, 315 (1982). It may be
invoked only when information reveals "intimate details of a highly personal nature." Open Records Decision Nos. 315 (1982); 298, 284 4309 N. Tenth. Suite B McAllen. TX. 78501~1685 (1981). In Open Records Decision No. 316 (1982), the attorney general 5121682-4547 ruled that disclosure of even highly subjective comments from
character references ordinarily does not, without more, constitute a "clearly unwarranted" invasion of personal privacy. 200 Main Plaza, Suite 400 San Antonio. TX. 78205-2797 5121225-4191 In our opinion, however, individualized student evaluations are
excepted from disclosure by sections 3(a)(14) and 14(e) of the Open Records Act. Open Records Decision No. 332 (1982). Even unsigned student comments might make the student's identity "easily traceable through the handwriting, style of expression, or the particular incidents related in the comments." Open Records Decision No. 224 (1979). Even if the information does not identify individual students and is not in their handwriting, it may be withheld if there is a relatively small number of students to which it could be applicable. Open Records Decision No. 294 (1981). Thus, at the present time, it appears that, although section 3(a)(2) might occasionally except P *2 Honorable Carl A. Parker - Page 2 (~~-36)
particular student evaluations of faculty members, it ordinarily does not do so. Such evaluations are excepted by section 3(a)(14), however, if they identify individual students or their identities are easily detectable therefrom.
In certain circumstances, student evaluations might also be withheld under section 3(a)(ll) of the Open Records Act, which excepts from disclosure:
inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than one in litigation with the agency.
Evaluations may be excepted by this provision. Open Records Decision Nos. 345 (1982); 168 (1977). This office has recognized that section 3(a)(ll) applies to advice, opinion, and recommendations prepared by consultants to a public body. See Open Record Decision Nos. 344, 335 (1982); 298, 293, 273 (1981). Thescope of the term "consultants" has not been definitively established, but it certainly includes persons who are authorized to act, and do in fact act, in an official capacity on behalf of a governmental body. Open Records Decision Nos. 283, 273 (1981). Whether a student evaluator may properly be deemed a "consultant" will depend upon the facts of each particular case. In our opinion, the student, in order to be regarded as a "consultant" under section 3(a)(ll) must, at a minimum, make his evaluation in response to a duty arising from a properly authorized request from the university administration.
SUMMARY Student evaluations of faculty members may be withheld from the public under section 3(a)(14) of the Open Records Act if they identify individual students. Such evaluations may also be withheld as intra-agency memoranda pursuant to section 3(a)(ll) under certain circumstances.
Ver truly your L-i h
A
- JIM MATTOX
Attorney General of Texas TOM GREEN
First Assistant Attorney General
Honorable Carl A. Parker - Page 3 (JM-36)
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Rick Gilpin
Jim Moellinger
Nancy Sutton