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Protection of Confidential or Sensitive Information—Employee Agreement Impact

Protection of Confidential or Sensitive Information—Employee Agreement

As an employee of Fairmont State University, you are entrusted with certain responsibilities that will provide you with access to confidential/sensitive/protected information. Because of this, you are expected to maintain the highest level of confidentiality in all institutional matters you may be involved in, and with all information you may be privy to, either oral, written or electronic. Your accessing, modifying, destroying, requesting or disclosing to anyone who has “no need to know” * sensitive or confidential information may violate University policy or applicable state or federal law. [*Please note that just being an employee of the institution is not sufficient justification for access to privileged, sensitive, confidential or protected information. Access to, and the sharing or disclosure of sensitive or confidential information is permitted only when such disclosure is relevant to the employee’s job or his/her performance of that job, or is permitted under the Family Educational Rights and Privacy Act (FERPA).]

This statement addresses but is not limited to the following, and includes both employees and students. Please note that students may also be employees:

  • The relevant provisions of the Health Insurance Portability and Accountability Act (HIPAA), as amended;
  • The relevant provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended;
  • Grievance information;
  • Employee medical and medical management information covered under the Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), including any amendments or succeeding relevant legislation;
  • Academic records, tests, grades and other related academic information;
  • Financial aid information or reports;
  • Information housed in institutional systems or databases;
  • General employment records that are not typically public information;
  • General employee information that is not public information and that should not be shared beyond those who “need to know;”
  • Job search information, including but not limited to applicant information, resumes, letters of recommendation, reference information and background checks.;
  • Proprietary information or research gathered for internal decision-making purposes;
  • Proprietary research information or correspondence;
  • Non-Directory information as defined by Fairmont State University; and
  • Legal advice provided the institution by Fairmont State University General Counsel, the HEPC General Counsel, the West Virginia Attorney General’s Office or contracted legal counsel under the auspices of confidentiality.

As an employee, you are responsible for taking reasonable steps to protect confidential or sensitive information that you may have access to in the course of business or in the performance of your duties. Questions related to confidential or sensitive information should be directed to the Human Resources Office before the disclosure of the information.

I have read and understand the above. I agree that I will protect and not disclose information in any way that is inconsistent with the appropriate performance of my assigned responsibilities in the normal execution of my job. I understand that my violating this agreement in any way may subject me to possible disciplinary and/or legal action affecting my employment, up to and including immediate termination. I acknowledge that this form will become a part of my permanent personnel file.

Acknowledgement*