Proctorio policies and studies (Miami University)

Mr. Feathers,
Thank you for your public records request. Due to the COVID-19 public
health crisis and at the direction of Governor DeWine, Miami University is
in remote work status. As a result, our response to your request may be
substantially delayed until the University resumes normal operations. Thank
you for your understanding and consideration.

~Sheila

<http://miamioh.edu/>

Sheila Theobald

Administrative Associate

*Miami University*

Roudebush Hall

501 E.High Street

Oxford, OH 45056

O: 513-529-6734 | MiamiOH.edu

Mr. Feathers,

Your request in numbers 1-2 and 4 are overly broad. Ohio’s 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) and *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 *(1993),
68 Ohio St. 3d 117 and *State ex rel. Thomas v. Ohio State University *(1994),
71 Ohio St. 3d 245. 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, *(2001) 92 Ohio St. 3d 312. 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 we were able
to readily identify as responsive to your request. In addition, you may
wish to review the following webpages:
https://www.miamioh.edu/digital-learning/resources/proctorio-online-test-proctoring/index.html
.
Please be aware that cases of academic dishonesty follow our academic
dishonesty policy (regardless of the modality of the course). I am
providing a link to the academic dishonesty policy:
https://www.miamioh.edu/policy-library/students/undergraduate/academic-regulations/academic-integrity.html

Your request in number 3 is denied. User manuals that Proctorio provided to
us are the intellectual property of Proctorio and subject to copy right.
Miami University is prohibited from providing them pursuant to 17 U.S.C.
101 et seq. Even if they were not subject to copy right, not every
document in the possession of a public office meets the definition of a
record if it does not document the activities of a the public office. It is
the content, not the medium on which it exists that makes a document a
record of a public office. In other words, the record must serve to
document the organization, functions, policies, decisions, procedures,
operations, or other activities of *Miami University*. The Ohio Supreme
Court has noted that “disclosure [of non-records] would not help to monitor
the conduct of the state government.” In fact, personal correspondence that
that does not document any activity of the office has been found to be a
non-record in *State ex rel Wilson-Simmons v. Lake Cty. Sheriff’s Dept*.,
82 Ohio St. 3d 37, 693 N.E. 2d 789 (1998). A software user manual does not
serve to document the organization, functions, policies, decisions,
procedures, operations or other activities of Miami University.

Best regards,

Aimee Smart

[image:
http://miamioh.edu/_files/images/ucm/resources/logo/email-FSLOD_186K.jpg]

*Aimee SmartParalegal/Office of General Counsel*205B Roudebush Hall
Oxford, OH 45056
513-529-6734 Office
513-529-3911 Fax

smarta2@miamioh.edu

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