The Attorney General of Texas
June 1, 1983
JIM MATTOX
Attorney General
Honorable Carl A. Parker opinion No. JM-36
Supreme Court Building
Chairman
P. 0. BOX 12548
Austin. TX. 78711- 2548
Senate Education Committee Re: Whether student evaluations
5121475-2501 Texas State Senate of faculty members are open to
Telex 91018741367 P. 0. Box 12068, Capitol Station the public if they are used to
Te,eco,Wzr 5121475-0266 Austin, Texas 78711 make promotion and salary
decisions
1607 Main St.. Suite 1400
Dallas. TX. 75201-4709 Dear Senator Parker:
2141742-8944
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
El Paso, TX. 79905.2793 article 6252-17a. V.T.C.S., if such evaluations are a factor in
9151533.3484 determining faculty tenure, promotions and/or salary. You suggest
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
7131650-0666 information in personnel files, the disclosure of
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
4309 N. Tenth. Suite B personal nature." Open Records Decision Nos. 315 (1982); 298, 284
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
200 Main Plaza, Suite 400 "clearly unwarranted" invasion of personal privacy.
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
P appears that, although section 3(a)(2) might occasionally except
p. 154
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.
L-i h
-
Ver
JIM
truly your
A
MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
p. 155
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
p. 156