Proctorio documents, memos & communications (Miami University)

Erik Johnson filed this request with the Miami University of Butler, OH.
Submitted Jan. 4, 2021
Status
Completed

Communications

From: Erik Johnson

Subject: Ohio Open Records Law Request: Proctorio documents, memos & communications (Miami University)

Email

To Whom It May Concern:

Pursuant to the Ohio Open Records Law, I hereby request the following records:

1) All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of Proctorio. This includes A) any notes taken during meetings that discussed the use of Proctorio, B) any explanations (whether internally or externally generated) of how Proctorio works, C) any written instructions, tutorials, or memos distributed to professors and instructors regarding the use of Proctorio, D) any other document that has been used to help explain the use of Proctorio, including internal documentation, public relations materials, and executive summaries.

2) A copy of any privacy impact assessments, use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, contracts, liability waivers, insurance agreements, Letters of Interest, usage policies, or informal agreements between the University (including all schools in the system) and Proctorio, Inc.

3) A copy of any funding opportunity announcements, grant applications and grantor status/progress reports, reports to legislative bodies, annual reports that mention Proctorio, as well as audit records, including but not limited to security audits of the software, misuse reports, and reports to oversight bodies.

4) Any digital communications (including but not limited to emails and text messages) as well as documents, (including but not limited to PDF, word processing, excel, and slide documents) that mention Proctorio.

5) Any digital communications (including but not limited to emails and text messages) with Proctorio representatives.

6) Any emails or guidance from administration or teaching staff to students re: the use of Proctorio.

Please try to include any other miscellaneous documents that facilitate this university’s relationship with Proctorio that don’t neatly fall neatly into the above categories. However, I do understand if this portion of the request is considered too broad.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 business days.

Sincerely,

Erik Johnson

From: Miami University

Subject: RE: Ohio Open Records Law Request: Proctorio documents, memos & communications (Miami University)

Email

Hello Erik,

We are still processing your request, but hope to have a formal response to
you shortly. We thank you for your continued patience, and will be in
touch with you soon.

Best,

John

[image: Description: Description: Description: Description:
http://www.miami.muohio.edu/images/ucm/resources/logos/jpg-web-res/email-FSLOD_186K.jpg]

*John Woodard*

*Associate General Counsel*

501 E. High Street

215 Roudebush Hall

Oxford, OH 45056

513-529-6734 Office

513-529-3911 Fax

*woodarje@MiamiOH.edu <mccratmd@MiamiOH.edu>*

This message may contain information that is legally confidential,
privileged, and/or attorney work product. If you are NOT the intended
recipient, you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you are NOT the
intended recipient, please notify me by collect telephone call and delete
all copies of the message in your control. Nothing contained in this
message, attachments or its sending shall be construed as an Electronic
Signature under state or federal laws. If this message contains a caption
that states it is "privileged" and/or "confidential" the intended recipient
may not forward this message to any other party whatsoever without the
prior consent of the Office of General Counsel.

From: Miami University

Subject: RE: Ohio Open Records Law Request: Proctorio documents, memos & communications (Miami University)

Email

Mr. Johnson,

Items 1-6 of your public records request are overly broad. The Ohio Public
Records Act requires that you identify the records you seek with
“reasonable clarity” and describe those records “specifically and
particularly” (see *State ex rel. Glasgow v. Jones*, 119 Ohio St. 3d 391
(2008); *State ex rel. Dillery v. Icsman*, 92 Ohio State. 3d 312 (2001)).
A public office is under no duty to seek out and retrieve records that
contain specific information that is of interest to a requestor (see *State
ex rel. Fant v. Tober*, 68 Ohio St. 3d 117 (1993); *State ex rel. Thomas v.
Ohio State University*, 71 Ohio St. 3d 245 (1994)). It is not appropriate
to ask a public office to search for records containing selected
information. For example, a request to a public office for any and all
records containing any reference to a particular person or subject is
inappropriate (see *State ex rel. Dillery v. Icsman*, 92 Ohio St. 3d 312
(2001)). A request for duplication of all records having to do with a
particular topic or all records of a particular type is overly broad
(see *State
ex rel. Zidonis v. Columbus State Community College*, 133 Ohio St. 3d 122
(2012)). A public office is not compelled to produce records when the
underlying request is ambiguous or overly broad. While your request is
overly broad, I am providing you records that we were able to readily
identify as responsive to your request. You may also wish to review the
following webpages:
https://www.miamioh.edu/digital-learning/resources/proctorio-online-test-proctoring/index.html.

Additionally, you requested certain documents and items that are not
subject to the Ohio Public Records Act. Under Ohio law, a record is
defined as a document or other item that “serves to document the
organization, functions, policies, decisions, procedures, operations, or
other activities of the [public] office” (see R.C. 149.011(G)). If a
document or other item does not meet the statutory definition of a
“record,” then it is not subject to the Ohio Public Records Act. Personal
notes, for example, would not be considered a public record because they do
not record or document the activities of the public office (see *State ex
rel. Cranford v. Cleveland*, 103 Ohio St.3d 196 (2004).

Please call or email me if you have any questions or concerns.

Best,

John

[image: Description: Description: Description: Description:
http://www.miami.muohio.edu/images/ucm/resources/logos/jpg-web-res/email-FSLOD_186K.jpg]

*John Woodard*

*Associate General Counsel*

501 E. High Street

215 Roudebush Hall

Oxford, OH 45056

513-529-6734 Office

513-529-3911 Fax

woodarje@MiamiOH.edu <mccratmd@MiamiOH.edu>

This message may contain information that is legally confidential,
privileged, and/or attorney work product. If you are NOT the intended
recipient, you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you are NOT the
intended recipient, please notify me by collect telephone call and delete
all copies of the message in your control. Nothing contained in this
message, attachments or its sending shall be construed as an Electronic
Signature under state or federal laws. If this message contains a caption
that states it is "privileged" and/or "confidential" the intended recipient
may not forward this message to any other party whatsoever without the
prior consent of the Office of General Counsel.

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