What is GRAMA?
The Government Records Access and Management Act (GRAMA) allows the public to easily access unrestricted public records. Click on the following link to review GRAMA in full.
What types of records am I allowed to access?
Every person has the right to access a public record. Only certain people have the right to access private, controlled, or protected documents. Click on the following link to review who may access private, controlled, and protected documents.
What is a public record?
In Utah Code Ann. § 63G-2-103(21), public record is defined as “a record that is not private, controlled, or protected and that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).” Click on the following link to review a list of public records.
What is a private record?
In Utah Code § 63G-2-102(19), private record is defined as “a record containing data on individuals that is private as provided in Section 63G-2-302.” Click on the following link to review a list of private records.
What is a controlled record?
In Utah Code § 63G-2-103(6), controlled record is defined as “a record containing data on individuals that is controlled as provided by Section 63G-2-304.” Click on the following link to review a list of controlled records.
What is a protected record?
In Utah Code § 63G-2-103(20), protected record is defined as “a record that is classified protected as provided by Section 63G-2-305.” Click on the following link to review a list of protected records.
Are USU employee records private, protected, or controlled?
Subject to specified limitations, “records concerning a current or former employee of, or applicant for employment with a government entity” may be classified by USU as “private” in accordance with GRAMA. See Utah Code Ann. § 63G-2-302(2)(a). Utah State University has elected to classify employment records as “private” records, and accordingly will withhold all private employee records from disclosure as allowed under GRAMA.
Additionally, GRAMA provides that “records containing data on individuals the disclosure of which constitutes a clearly unwarranted invasion of personal privacy” are private if properly classified by a government entity. USU will determine with each records request whether disclosure of employee records would constitute a clearly unwarranted invasion of personal privacy, and thus, may not release the records.
Are student records private, protected, or controlled?
Education records maintained by Utah State University that contain identifying information directly related to a student are restricted from disclosure under the federal Family Educational Rights and Privacy Act (FERPA). See 20 U.S.C. § 1232g and 34 C.F.R. Part 99. As such, educational records are not subject to disclosure under GRAMA without the proper written authorization from the student.
Pursuant to FERPA, Utah State University is required to provide the student who is the subject of the records request with notice of the subpoena or GRAMA request if Utah State University intends to respond or release educational records. FERPA requires that Utah State University provide the student a reasonable time (30 days) to seek protective action. See 34 C.F.R. § 99.31(a)(9)(ii). Thus, Utah State University would not be able to expedite any requests involving educational records.
Furthermore, some student records may also be subject to the federal Health Insurance Portability and Accountability Act (HIPAA), which regulates the disclosure of protected health information. Click on the following link to review HIPAA in full and its disclosure requirements. Student patients have been educated on HIPAA, and may or may not have signed the appropriate release waivers. Without the appropriate release waiver, USU can only release protected health information within the parameters of HIPAA.
What are USU’s GRAMA policies and procedures?
Who oversees GRAMA for USU?
Utah State University’s Records Manager can be reached at grama@usu.edu. When legal issues or analysis of statutes, rules, ordinances, regulations, or case law is needed for a particular request, USU’s Office of General Counsel will also aid in review and ultimate determination of GRAMA requests.
How do I make a GRAMA request?
If you would like to access records maintained by Utah State University, please fill out a GRAMA request.
Do I have to pay for my GRAMA request? If yes, how much will it cost and how do I pay it?
In general, yes, USU charges a fee for the cost of providing a record in line with the GRAMA statute. Click on the following link to review USU’s policy on GRAMA fees. All fees must be paid prior to USU releasing any records.
To pay your fee, USU will send a Paypal invoice to the requestor’s email address where the requestor can use either a credit card or electronic check. If a requestor would like to pay by personal physical check, contact the USU Records Manager at grama@usu.edu to request the appropriate address.
When will I receive the records I requested?
In general, you will receive the requested records ten business days after submitting your request. Additionally, in general with expedited requests, you will receive the requested records within five business days after submitting your records.
That being said, there may be some extraordinary circumstances that could prolong this time period or prevent the expedited time period from occurring. Review the timing for records requests.
Can I obtain records from ongoing administrative audits, actions, or investigations (including Title IX)?
Under GRAMA, records that are “created or maintained for civil, criminal, or administrative enforcement purposes . . . or for discipline . . . purposes” are classified by USU as protected if releasing the record “reasonably could be expected to interfere with investigations undertaking for enforcement [or] discipline . . . purposes.” See Utah Code Ann.§ 63G-2-305(10)(a). Release of these records to the public while the investigation, audit, discipline or enforcement action is ongoing could reasonably be expected to interfere. As such, in general, USU will not release records when such investigations, audits, discipline or enforcement actions are ongoing.
Are student athlete NIL contracts or deals public records?
USU is not able to publicly release specific records on NIL contracts and deals entered into by student athletes. USU is prohibited from disclosing records under the Family Educational Rights and Privacy Act (FERPA), which is a federal law governing educational institutions’ treatment of student information. Under FERPA, USU is prohibited from disclosing student education records. Any student athlete NIL deals or contracts disclosed to USU are part of the student’s education record, USU may not release those records publicly.
Can I get my requested records in a specific format or file type?
GRAMA states that “[i]n response to a request, a government entity is not required to . . . create a record; [or] compile, format, manipulate, package, summarize, or tailor information.” Utah Code Ann. § 63G-2-201(8). As such, Utah State University only releases records in the specific format or file type that they are stored. Any records requests that request records to be compiled in a particular format or file type will be denied.