November 5, 2012

Mr. R. Brooks Moore

Managing Counsel, Governance

The Texas A&M University System

301 Tarrow Street, Sixth Floor

College Station, Texas 77840-7896

OR2012-17645

Dear Mr. Moore:

You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 470016 (PIR# 2012064).

Texas A&M University-Commerce (the "university") received a request for e-mails and faxes sent during a specified period between the university's athletic department and the Texas A&M University System (the "system") regarding financial or personnel audits of the athletic department. We note you have redacted information pursuant to the Family Educational Rights and Privacy Act ("FERPA"), section 1232g of title 20 of the United States Code. ⁽¹⁾ You claim the submitted information is excepted from disclosure under section 552.101 of the Government Code. We have considered the exception you claim and reviewed the submitted information.

Section 552.101 of the Government Code excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Gov't Code § 552.101. Section 552.101 encompasses section 51.971 of the Education Code, which provides in part:

(e) Information is excepted from [required public disclosure] if it is collected or produced:

. . .

(2) by a systemwide compliance office for the purpose of reviewing compliance processes at a component institution of higher education of a university system.

Educ. Code § 51.971(e)(2); see id. § 51.971(a)(1)(A) (defining "compliance program" as meaning "a process to assess and ensure compliance by the officers and employees of an institution of higher education with applicable laws, rules, regulations and policies, including matters of . . . ethics and standards of conduct"). You state the submitted information is related to an allegation of breach of standards of conduct or ethics at the university, a component institution of the system. You state the matter was reported to the system, where the System Internal Audit Department (the "SIAD") initiated an internal review to ensure compliance by university employees with applicable laws, rules, regulations, and policies. You assert the submitted records were collected and produced by the SIAD for the purpose of reviewing compliance processes at a component institution of the system. We understand the SIAD is responsible for, among other things, compliance reviews. Based on your representations, we find the submitted information was "collected . . . by a systemwide compliance office for the purpose of reviewing compliance processes at a component institution of higher education of a university system." Id. § 51.971(e)(2). Accordingly, the university must withhold the submitted information under section 552.101 of the Government Code in conjunction with section 51.971(e)(2) of the Education Code.

This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General, toll free at (888) 672-6787.

Sincerely,

Neal Falgoust

Assistant Attorney General

Open Records Division

NF/dls

Ref: ID# 470016

Enc. Submitted documents

c: Requestor

(w/o enclosures)

Footnotes

1. The United States Department of Education Family Policy Compliance Office (the "DOE") has informed this office that FERPA does not permit state and local educational authorities to disclose to this office, without parental consent, unredacted, personally identifiable information contained in education records for the purpose of our review in the open records ruling process under the Act. The DOE has determined that FERPA determinations must be made by the educational authority in possession of the education records. We have posted a copy of the letter from the DOE to this office on the Attorney General's website: http://www.oag.state.tx.us/open/20060725usdoe.pdf.

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