Proctorio documents, memos & communications (University of Michigan)

I am writing in regard to your Freedom of Information Act request dated September 21, 2020, which was received on September 22, 2020.

Due to the large number of requests currently being processed by this office, it will not be possible to respond to your request within the five-day period accorded by the Michigan Freedom of Information Act. However, under Section 5 (2) (d) of the Act, the University is permitted to extend the deadline for not more than 10 business days beyond the initial due date.

The University will respond to your request on or before October 13, 2020.

Thank you,

Carolyn

________________________________
Carolyn Umbricht
Freedom of Information Act Office | University of Michigan

2025 Fleming Administration Building
503 Thompson Street
Ann Arbor, MI 48109-1340

(fax) 734.763.1399 | caumbric@umich.edu

Dear Ms. Rose:

I am writing in response to your Freedom of Information Act request below
dated September 21, 2020, which was received on September 22, 2020.

You requested:

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.

7) 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.

We checked with the University's Procurement Services, and found no
contracts or agreements between the University and Proctorio, Inc. Your request
is overly broad, and pursuant to Section 3 (1) of the Michigan Freedom of
Information Act, does not describe a “public record sufficiently to enable
the public body to find the public record . . .” Please identify or
describe specifically the document(s) you are seeking by identifying, for
instance, the staff members and/or offices whose records you are seeking,
and a specified time period. Upon receipt of additional information that
will enable us to find responsive records, we will be happy to proceed with
processing a revised request.

Please note that within 180 days from the date of this letter, you have the
right to appeal the denial of information to the President of the
University or seek judicial review in the Michigan court of claims to try
to compel disclosure. If you elect to appeal and the President upholds the
denial, you may still seek judicial review within the 180-day period.

An appeal to the President must be submitted in writing to: President’s
Office, c/o Liz Barry, The University of Michigan, 2080 Fleming
Administration Building, 503 Thompson Street, Ann Arbor, MI 48109-1340 (or
by email to: presoff@umich.edu). The statement must (1) identify the
request and the final determination by the FOIA officer that is being
appealed, (2) specifically state the word “appeal,” and (3) identify the
reason or reasons why the final determination should be reversed.

If you seek judicial review in the Michigan court of claims and prevail,
you will be awarded reasonable attorney's fees, costs and disbursements
incurred in maintaining the action. If you prevail in part, you may still
be awarded complete or partial reimbursement for those expenses. In
addition to actual and compensatory damages, you will be awarded punitive
damages in the amount of $1,000.00 if the court finds that the University
was arbitrary and capricious in its denial.

A copy of Section 10 of the Michigan FOIA is available for your reference
and review online at http://foia.vpcomm.umich.edu/foia-right-to-appeal/.

Sincerely,
[image: Patricia Sellinger signature.png]

Patricia J. Sellinger
Chief Freedom of Information Officer
University of Michigan
2019 Fleming Administration Building
Ann Arbor, Michigan 48109-1340
Phone 734-763-5082
Fax 734-763-1399
patsell@umich.edu