Public Records

North Carolina Central University, as a constituent institution of the University of North Carolina and agency of the State of North Carolina, is open and responsive to information requests from the public and the news media. As required by the North Carolina Public Records Law (NCGS Chapter 132), NCCU is required to make public records and public information available to members of the public free or at a minimal cost. A public record includes all "documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions." NCCU is committed to a policy of openness, honesty, and cooperation with members of the public and the news media.

North Carolina law, federal law, and university policies and regulations exempt several records from being made available to the public. Common examples of records maintained by NCCU that are not considered public records include personnel records, student education records, criminal investigations, and other confidential information. If a record falls within an exemption to the Public Records Law, NCCU is prohibited from providing the information to a requester. 

Individuals who desire to request a public record of NCCU or who seek information regarding current public records requests should submit a request using this portal. Additional information regarding the public records process at NCCU is included in the NCCU Public Records Request Regulation.

1. What is the North Carolina Public Records Act? (NC General Statute 132-1, et seq.)

   The North Carolina Public Records Act is a state law that allows the public to access all documents (including photographs, films, and recordings) compiled by the agencies of North Carolina government or its subdivision in the course and scope of business. The Act imposes obligations on all state and local government officials to (1) allow inspection by any person or corporation of the government records that are not specifically exempted from disclosure and (2) allow the public to obtain copies of their public information or public records promptly upon request for free or at a minimal cost. 

2. What is a public record?

   A "public record" means all records created or received in the course of university business, in whatever format, including but not limited to paper, photographs, recordings, emails, or digital images, unless an exception applies under federal or state law.

3. Are there any exceptions to the North Carolina Public Records Act, or are all documents created by University employees considered public records?

   The state public records law exempts certain types of records from disclosure, such as:

   • communications between attorneys and government clients made within the scope of the attorney-client relationship;
   • trial preparation materials;
   • certain state and local tax information materials;
   • address confidentiality program information;
   • personally identifiable admissions and application materials maintained by NC public colleges and universities;
   • trade and corporate secrets of companies that deal with public agencies;
   • certain settlement agreements;
   • certain criminal investigation, intelligence information, and Innocence Inquiry Commission records;
   • emergency response plans;
   • sensitive public security information;
   • Social Security numbers and other personal identifying information;
   • State Ethics Board hearing records;
   • and economic development incentives.

   Several other state statutes and federal laws prohibit public disclosure of other information maintained by the University. The State Human Resources Act requires that information maintained in the personnel files of state employees is not available to the public, with some limited exceptions of information that is available for public inspection (name, age, date of employment, current position, title, current salary, date of most recent salary or position assignment change, location of current assignment, and the written notice of final termination decision). In addition, personally identifiable information maintained in student education records (with the exception of information designated as directory information by the University) is protected by the federal Family Education Rights and Privacy Act and is not available to the public.

4. How do I comply with the North Carolina Public Records Act as an NCCU employee?

   In order to comply with the North Carolina Public Records Act as an NCCU employee, you should take the following steps:

   • Make a note of the requested information and the date of the request.
   • Determine if the request is for copies of documents or to inspect documents. Note: The public and news media are entitled to both.
   • Determine whether there will be a cost other than the cost for simple copying. Any fee charged must not exceed the actual cost of searching for and making copies. No fees may be charged for inspecting public records.
   • Notify the requesting party in writing that the request has been received and give a reasonable timetable for a response. Include information about costs.
   • Remember public records includes all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary materials, regardless of physical form or characteristics in the possession of a pubic body.
   • Be careful not to release private information such as Social Security numbers, driver's license numbers, or bank account information.

5. As an NCCU employee, what should I do if I receive a public records request?

   Although there are exceptions to the public records law, remember that a large majority of records that are created by state employees are subject to disclosure. Become familiar with the University Record Retention and Disposition Schedule Regulation and the Public Records Request Regulation. Direct members of the public who are interested in obtaining a public record to the appropriate department on campus based on the type of record requested:

   Records Custodian	Type of Record
   University Relations	Media requests
   University Registrar	Student directory information
   Dept. of Athletics	Coaches' contracts, game contracts, and other Athletics information
   Dept. of Human Resources	Non-confidential employee information
   Office of Legal Affairs [1]	All other requests

   [1] The Office of Legal Affairs will direct your request to the appropriate records custodian for a response.

   Contact the OLA at [email protected] or 919-530-6105 if you receive a request to release public records from your division/department and prior to disclosing records related to the request. After gathering information that is responsive to the request, provide the documentation to the OLA for review prior to releasing any information.