FOIPOP Frequently Asked Questions: 4. Student - Employment

Can staff and faculty of the University provide information about students to potential employers for reference purposes?

No. The University must not disclose this type of information without the consent of the student. Consent may take the form of permission to contact the University or a named individual as a part of the student's application for employment. If this is the case, the staff or faculty member should require a copy of the application or that part of it which authorizes the potential employer to seek information. The staff or faculty member should disclose only factual information or opinion information that the person answering the request is qualified to disclose.

Should students be allowed to access evaluation forms completed by employers who accept students on placement?

Yes. These evaluation forms are a part of their educational history and are the personal information of the student. The evaluation may contain personal information about other people, however, and this may have to be severed before access is allowed. Generally speaking, the name of the evaluator should also be provided to the student because that person would have completed the form as a part of his or her employment responsibilities and disclosure of the name would not be an unreasonable invasion of privacy.

Can a professional body or Co-op placement force their clients to sign a blanket release so that they can have access to University records on students they sponsor or co-ordinate at the University?

The relationship between the student and his or her Co-op placement is not the concern of the University. The University has the discretionary right to disclose specific information that the student has consented to release to the sponsor. This consent has to be in writing and must specify to whom the personal information may be disclosed and how the personal information may be used. The University should work with sponsoring organizations to provide a suitable consent form that they can use with Co-op students.

Can a student use an evaluation provided by an employer as a reference? Should the employer sign an appropriate waiver?

The information contained in the evaluation is the personal information of the student and can be used by the student for any purpose. However, the University did not collect the evaluative material for this purpose and, if it wishes to ensure that it is not used for this purpose, it can include a statement on the evaluation form that the employer completes and makes it clear to the student that it is not being disclosed for that purpose. This will not prevent the student from using it as a reference.

Are personal notes, made by a staff and faculty member during an interview with a student, accessible to the student?

Yes. Any information about a student is that person's personal information and, therefore, potentially accessible under the Act. There may be occasions when this type of information may not be or should not be disclosed:

• if the release could be harmful to someone's health or safety;
• if the release could be harmful to an investigation in a law enforcement matter;
• if the information could be construed as advice to a University official;
• if the notes contain information about a third party.

University employees should consult with the FOIPOP Administrator if they are not sure whether or not the information should be released. Students should also be aware that these notes may be classified as a transitory record and may not be retained.