EAB financial aid optimization documents

Todd Feathers:

This email is the initial response concerning your West Virginia Freedom of Information Act ("W. Va. FOIA") requests considered received on December 8, 2021, requesting the following documents:

1. "All financial aid descriptive analyses performed by EAB and provided to the university as described on page 46 of the attached contract for EAB's financial aid optimization services."
2. "All aggregated data analysis reports or documents provided to the university by EAB as described on page 49 of the attached contract."
3. "Documentation of the financial aid optimization statistical model built for the university by EAB, described on page 46 of the attached contract. This should include any documents describing the variables incorporated into the model(s) and how those variables are weighted, the model(s)' accuracy metrics (such as AUC), the model(s)' parameters, the machine learning techniques employed, and any validation or disparate impact analyses performed."
4. "A de-identified copy of the admissions and financial aid data the university provided to EAB in order for EAB to design its financial aid optimization model, as described on page 46 of the attached contract. Please note, I am not asking for any personally identifiable information about students. Rather, I'm asking for a copy of the dataset that excludes identifiable information such as student names and street addresses. This can easily be done by removing those columns from the spreadsheet."
5. "All other contract documents, including memorandums of understanding and statements of work, between the university and EAB regarding financial aid optimization services and/or enrollment optimization services."

Due to the nature of the request and the fact that we are presently processing other previously filed requests for records that will likely yield a significant number of responsive documents, additional time is needed to search for, identify, gather, review, and process the request for records. Accordingly, a final response and any nonexempt documents responsive to your request will be provided via electronic correspondence to you on or before January 28, 2022. In the event that this production date or the means of production needs to be modified, you will be notified. W. Va. Code § 29B-1-3(d)(2) (stating that the custodian may advise the person making the request of the time and place at which he or she may inspect and copy the materials). WVFOIA Procedure 1, Section 3.2(e); Farley v. Worley, 215 W. Va. 412, 422, 425 n.14, 16, 599 S.E.2d 835, 846, 848 n.14, 16 (2004); John Doe Agency v. John Doe Corp., 493 U.S. 146, 157 (1989).

West Virginia University reserves its right to exercise any and all applicable exemptions under W. Va. Code § 29B-1-4, defenses, or privileges, as appropriate.

Thank you.

FOIA OFFICER
West Virginia University

Todd Feathers:

This email is an updated response to your West Virginia Freedom of Information Act ("W. Va. FOIA") request considered received on December 8, 2021, which seeks the following documents:

1. "All financial aid descriptive analyses performed by EAB and provided to the university as described on page 46 of the attached contract for EAB's financial aid optimization services."
2. "All aggregated data analysis reports or documents provided to the university by EAB as described on page 49 of the attached contract."
3. "Documentation of the financial aid optimization statistical model built for the university by EAB, described on page 46 of the attached contract. This should include any documents describing the variables incorporated into the model(s) and how those variables are weighted, the model(s)' accuracy metrics (such as AUC), the model(s)' parameters, the machine learning techniques employed, and any validation or disparate impact analyses performed."
4. "A de-identified copy of the admissions and financial aid data the university provided to EAB in order for EAB to design its financial aid optimization model, as described on page 46 of the attached contract. Please note, I am not asking for any personally identifiable information about students. Rather, I'm asking for a copy of the dataset that excludes identifiable information such as student names and street addresses. This can easily be done by removing those columns from the spreadsheet."
5. "All other contract documents, including memorandums of understanding and statements of work, between the university and EAB regarding financial aid optimization services and/or enrollment optimization services."

Please be advised that additional time is still needed to search for, identify, gather, review, and process any responsive records. Accordingly, a final response and any nonexempt documents responsive to your request will be provided via electronic correspondence to you on or before February 4, 2022. In the event that this production date or the means of production need to be modified, you will be notified. W. Va. Code § 29B-1-3(d)(2) (stating that the custodian may advise the person making the request of the time and place at which he or she may inspect and copy the materials). WVFOIA Procedure 1, Section 3.2(e); Farley v. Worley, 215 W. Va. 412, 422, 425 n.14, 16, 599 S.E.2d 835, 846, 848 n.14, 16 (2004); John Doe Agency v. John Doe Corp., 493 U.S. 146, 157 (1989).

West Virginia University reserves its right to exercise any and all applicable exemptions under W. Va. Code § 29B-1-4, defenses, or privileges, as appropriate.

Thank you.

FOIA OFFICER
West Virginia University

Todd Feathers:

This e-mail is the final response to your West Virginia Freedom of Information Act ("W. Va. FOIA") request received on December 8, 2021, which seeks the following documents:

1. "All financial aid descriptive analyses performed by EAB and provided to the university as described on page 46 of the attached contract for EAB's financial aid optimization services."
2. "All aggregated data analysis reports or documents provided to the university by EAB as described on page 49 of the attached contract."
3. "Documentation of the financial aid optimization statistical model built for the university by EAB, described on page 46 of the attached contract. This should include any documents describing the variables incorporated into the model(s) and how those variables are weighted, the model(s)' accuracy metrics (such as AUC), the model(s)' parameters, the machine learning techniques employed, and any validation or disparate impact analyses performed."
4. "A de-identified copy of the admissions and financial aid data the university provided to EAB in order for EAB to design its financial aid optimization model, as described on page 46 of the attached contract. Please note, I am not asking for any personally identifiable information about students. Rather, I'm asking for a copy of the dataset that excludes identifiable information such as student names and street addresses. This can easily be done by removing those columns from the spreadsheet."
5. "All other contract documents, including memorandums of understanding and statements of work, between the university and EAB regarding financial aid optimization services and/or enrollment optimization services."

In final response to part five (5) of your request, after a reasonable search by the Office of Procurement, Contracting, and Payment Services please find attached Ninety-Five (95) pages of responsive documents Bates numbered WVU FOIA #21310-001 through -095.

Next, in regard to parts one (1), two (2), and three (3) of your request, please be advised that after a reasonable inquiry there are no responsive documents specific to your request at this time. See Daily Gazette Co. v. Withrow, 177 W. Va. 110, 119 n.9, 350 S.E.2d 738, 746 n.9 (1986) ("There is no obligation under the State FOIA to create any particular record, but only to provide access to a public record already created[.]").

That said, please note that even if West Virginia University ("WVU") had identified responsive documents, they would likely be exempt from disclosure under the W. Va. FOIA as they would likely contain documents reflecting the deliberative, decision-making process of the University and written advice, opinions and recommendations to a public body from outside consultants or experts. W. Va. Code § 29B-1-4(a)(1), (8); Highland Mining Co. v. W. Va. Univ. Sch. of Med., 2015 W. Va. LEXIS 679 (W. Va. May 21, 2015). The deliberative process privilege exists to "encourage the free exchange of ideas and information" within public bodies. Daily Gazette Co. v. W. Va. Dev. Office, 198 W. Va. 563, 571, 482 S.E.2d 180, 188 (1996). In Daily Gazette Co., the Court explained that this exemption specifically exempts from disclosure those written internal government communications consisting of advice, opinions and recommendations which reflect a public body's deliberative, decision-making process as well as written advice, opinions and recommendations to a public body from outside consultants or experts obtained during the public body's deliberative, decision-making process. Id. at 572, 189. Further, the Court stated this privilege may be applied "to government documents which reflect that agency's group-thinking during its deliberative or decision-making process[.]" Id. at 573, 190.

Finally, and with regards to part four (4) of your request, please be advised that the data is not submitted to EAB in the manner you describe and, after consultation, it would impose an undue burden on the department to create a document in the manner you are requesting. This is not just a case of running a simple report. Moreover, the W. Va. FOIA does not require WVU to create any documents solely for the purpose of responding to a request for records. See Daily Gazette Co. v. Withrow, 177 W. Va. 110, 119 n.9, 350 S.E.2d 738, 746 n.9 (1986) ("There is no obligation under the State FOIA to create any particular record, but only to provide access to a public record already created[.]").

Please note that regardless of the production of these or other related documents, West Virginia University reserves its right to exercise any and all applicable exemptions under W. Va. Code § 29B-1-4, privileges, or defenses, as appropriate. Further, as required by W. Va. Code § 29B-1-3(d),<http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=29b&art=1&section=3> please be advised that this request is now at an end.

Thank you.

FOIA OFFICER
West Virginia University