Legal Information

Request for Access to Public Records

Introduction

Ball State University is committed to providing access to public records in accordance with the Indiana Access to Public Records Act.

To provide efficient and consistent response to public records requests, the university has identified the Office of University Compliance as the administrative area responsible for accepting, reviewing, and responding to all requests.

To assist those wishing to make a public records request, this site provides a full statement of the university's public records request procedures and a downloadable form on which the request must be made. If you have any questions about this policy or how to make a request, please contact the executive director, Office of University Compliance, 765-285-5162.

Procedures

1. Policy. Ball State University (the "University") is committed to providing access to public records in accordance with the public policy underlying the Indiana Access to Public Records Act (the "Act"). The University has adopted the following procedures to implement the provisions of the Act.

2. Office Where Requests Must Be Filed. In order that the University may provide timely and consistent responses, all requests under the Act to inspect and/or copy public records of the University must be filed at the Office of University Compliance (the "OUC"), Ad Building, Room 335, Ball State University, Muncie, Indiana 47306; telephone: 765-285-5162; fax: 765-285-6605.

3. Standard Form for Requests. Requests to inspect and/or copy public records must be submitted to the OUC in writing, on the standard University form for such requests ("Request Form"). Forms may be submitted by any of the four methods listed: (a) in person - by delivering the form to AD 335 during regular business hours; (b) by Fax - 765-285-6605 during regular business hours. Please note, fax machine does not receive transmissions outside of regular business hours; (c) by E-mail - Publicrecord@bsu.edu - Please note your e-mail request must attach a PDF version of this form with your signature. E-mail requests without an attached PDF form with your signature will not be processed. The Publicrecord@bsu.edu e-mail account does not accept transmissions outside of regular business hours; (d) by U.S. mail or messenger service. A request will be deemed made as of the date and time the Request Form is received by the OUC. Copies of the Request Form may be obtained by visiting, calling, or writing the OUC, and they may be downloaded from the "Resources" section of the following University Web site: www.bsu.edu/news. Each request must: (a) identify the record(s) being requested with reasonable particularity; (b) indicate whether inspection or which method of receipt is desired; and (c) not be so burdensome that fulfilling the request would materially interfere with the regular discharge of the functions or duties of the University or its employees. The OUC will deny requests that do not conform to these standards; however, before doing so, the OUC will, where reasonably practicable, ask the requestor to clarify or narrow the request or take other appropriate steps to comply. No request will be denied because the requestor refused to state the purpose of the request.

4. Action on Requests. The OUC will act to approve or deny each request to inspect and/or copy public records within twenty-four (24) hours of receipt if it was made in person, or within seven (7) days if it was made by fax or mail. If the request conforms to the standards set forth in Paragraph 3 above, the OUC will approve the request unless it determines that one or more of the exemptions under Indiana Code §5-14-3-4 applies. Should there be any doubt concerning the proper application or interpretation of Indiana Code §5-14-3-4, the OUC shall seek the advice of the University's Legal Counsel before acting on the request.

If a request is approved, the OUC will, after discussing the request with the office(s) in possession of the records, provide an estimate of when the records are likely to be available to the requestor. If the OUC denies a request, in whole or in part, it must provide the following information on the Request Form: (a) the specific exemption or exemptions authorizing the withholding of all or part of the public record; and (b) the name and title or position of the person responsible for the denial. If a record contains both disclosable and nondisclosable information, the OUC shall separate the material that is disclosable and make it available for inspection and copying.

5. Fees. No fee will be charged to inspect a public record nor will a fee be charged if the record is sent electronically via PDF. However, if records are too voluminous to transmit via PDF or the person filing the public records request is requesting paper copies of the records, the University will provide the person filing the request access to a copy machine during regular business hours and will charge a fee for the use of the copying machine at $0.10 per page. In unusual circumstances the University may, at its discretion, agree to provide copies ($0.10 per page) and mailing (at current postal rates) if it is determined that to do otherwise would create an undue hardship for the person making the request. Fees will also be assessed for costs associated with extracting and reproducing materials in other mediums such as information stored on a computer tape, computer disc, or a similar record system. Any applicable fees must be paid prior to or at the time the records are released.

The following fees apply to all access to public records requests. All charges must be paid at the time of the request or in advance of receipt of information.

Inspect  no charge 
Copy charges:  
    Manual transcription by requestor no charge
    Photocopy $0.10 per page
    Electronic Mediums no charge
    E-mail with PDF attachments no charge
    Postage first-class postage costs apply

Other charges may apply to cover costs of reproducing materials in other mediums.

6. Protection of Records. The OUC will take all reasonable precautions to protect public records from loss, alteration, mutilation, or destruction, and to protect their contents from unauthorized access by an electronic device or otherwise. An employee who intentionally, knowingly, or recklessly discloses or fails to protect confidential information may be subject to disciplinary action.

Last modified 05/15/07