The University received a Freedom of Information Act (FOIA) request for:
- specific data and reports that are part of one or more faculty member's sponsored research that has not yet been published;
- specific data that was used by a student to write a report for an undergraduate course;
- communications between faculty members and other faculty members about those research projects.
- conference presentations, abstracts and all materials related to specific studies
- all conclusions drawn from the research in draft or final format.
The AAUP policy on Academic Freedom and Electronic Communications (see page 11) discusses FOIA requests that could be threats to academic freedom. The policy document cites a case where AAUP and the Union of Concerns Scientists (UCS) submitted an amicus brief regarding data about climate change where it asserted:
“the public’s right to know must be balanced against the significant risk of chilling academic freedom that FOIA requests may pose. ATI’s request, the brief stated, “strikes at the heart of academic freedom and debate.”
ATI justified its broad intrusion by claiming that its purpose in seeking the records was to:
“open to public inspection the workings of a government employee, including the methods and means used to prepare scientific papers and reports that have been strongly criticized for technical errors.”
The brief further argued, however, that:
“in the FOIA context, the public’s right to information is not absolute and courts can and do employ a balancing test to weigh the interest of the public’s right to know against the equally important interests of academic freedom.”
National AAUP communicated this same position in subsequent amicus briefs.
We are also mindful that pursuant to Oregon Revised Statute 192.501 (14), “writings prepared by, or under the direction of, faculty of public educational institutions completed in connection with research” are not subject to disclosure. This exemption is applicable only prior to the release, publication, copyright or patent of writings.
PSU-AAUP, thus, asserts that the University does not have an automatic obligation to disclose. The University has an obligation to balance the public’s right to know vs the faculty member’s academic freedom and the chilling effect disclosure has on research; to respect that which is protected under Oregon law; to protect student work and communications with faculty that is protected by FERPA; and to protect communications between faculty members about research that is intrinsic to academic freedom.
It is our expectation that the University will challenge this and all future invasive FOIA requests that infringe on faculty members rights and academic freedom, and that the University will take these matters to court for adjudication, if necessary.