22.1 Files Relating to Employment. The Employer shall maintain files relating to employment in accordance with the applicable University policy and/or state or federal law. The personnel file for each employee will be maintained by the appropriate Human Resources Operations department and will accompany the employee throughout his or her service career at the University of Washington. The departmental file will be maintained by the department.
Individual supervisors may create and retain documents in a supervisor file. Documents in the supervisor file will not be placed in the department or personnel file unless they are incorporated as part of an official action (such as a performance evaluation or a corrective action).
22.2 Employee Access to Files. Each employee has the right to review his or her personnel file, supervisory file, attendance file, payroll file and medical file. The Employer will determine the location of all employee files. Upon written request by an employee to their Human Resources Consultant (for personnel file) or department manager (for departmental file), the employee and/or representative may examine the employee's personnel file or departmental file. Review of employee files will be in the presence of an Employer representative during business hours. The employee and/or representative may request copies, which may be provided at no cost if the size of the request is reasonable. A copy of the written authorization will be retained in the employee's file.
22.3 Employee Response. A copy of any correspondence or letters issued and intended to be included in an employee's official personnel file shall be mailed or given to the employee prior to becoming a permanent part of the file.
22.4 Confidentiality. Unauthorized parties shall not have access to any employee's personnel or departmental file. A record will be retained in the HR personnel file of the names of individuals outside of HR who have reviewed the personnel file who do not have written authorization from the employee, except requests for records in accordance with the Public Records request process.
22.5 Medical Files. Medical information related to employment will be kept separate from all other employment files and confidential in accordance with state and federal law.
22.6 An employee may insert a reasonable amount of job-related materials in his or her personnel file that reflects favorably on his or her job performance. An employee may provide a written rebuttal to any information in the files that he or she considers objectionable. The Employer will attach the rebuttal to the related document.
22.7 Adverse material or information related to alleged misconduct that is determined to be false, and all such information in situations where the employee has been fully exonerated of wrongdoing, will be promptly removed from the employee's files. The Employer may retain this information in a legal defense file in accordance with the prevailing Washington State law. The Employer may retain information relating to employee misconduct or alleged misconduct if the employee requests that the information be retained.
22.8 Removal of Documents
(a) Record of Formal Counseling relating to performance quality and quantity will be removed from an employee's personnel file after three (3) years if:
(b) Records of Formal Counseling not removed after three (3) years will be removed in accordance with the prevailing Washington State law if;
(c) Nothing in this section will prevent the Employer from agreeing to an earlier removal date, unless to do so would violate prevailing Washington State law.