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Ohio’s Public Records Act
As a state university, Wright State must follow the Ohio Public Records Act, Ohio Revised Code 149.43. Under the Ohio Public Records Act, any person may request to inspect or receive copies of public records maintained by a public office. A request does not need to be in writing, but, the requester must provide enough information to identify the records with sufficient clarity.
The Ohio Public Records Act defines “public records” as information stored on a fixed medium (tapes, emails, photos, films, videos, papers, etc.), that is created or received by, or comes under the jurisdiction of a public office, and documents the organization, functions, policies, decisions, procedures, operations, or other activities of the public office. A public office has no obligation to create new records, store records on a particular media, or provide duplication of voluminous files.
While the Ohio Public Records Act favors access to records maintained by a public office, the law also provides exceptions to protect certain information from mandatory disclosure. Some common exceptions to the required disclosure of public records include, but are not limited to:
- Student educational records, which are protected by the Family Educational Rights and Privacy Act (FERPA)
- Medical records
- Employees' personal information (such as social security numbers, medical and beneficiary information, etc.)
- Confidential law enforcement investigatory records (CLEIRs), which may include names of uncharged suspects, confidential sources, or investigatory work product
- Security and infrastructure records used for protecting or maintaining the security of a public office (such as its computer, electrical, mechanical, or security systems, etc.)
- Certain confidential trade secrets (such as business or financial information, etc.)
- Records prohibited from being released by state or federal law – often referred to as the “catch-all” exception (such as the Health Insurance Portability and Accountability Act (HIPAA), etc.)
Making a Public Records Request
To submit a public records request, please contact the Office of General Counsel:
Email: generalcounsel@wright.edu
Mailing Address:
Wright State University
Attn: Office of General Counsel
3640 Colonel Glenn Hwy
Dayton, OH 45435
Phone: 937-775-2719
For public records requests from the media, please contact Bob Mihalek, Assistant Director of Communications:
Email: bob.mihalek@wright.edu
Mailing Address:
Wright State University
Attn: Bob Mihalek
3640 Colonel Glenn Hwy
Dayton, OH 45435
Phone: 937-775-3622
Any documents identified as responsive to your public records request will be provided within a reasonable period of time in accordance with the Ohio Public Records Act.
Request for information, statements, or comments on behalf of the university are not public record requests, and should be directed to the Office of Communications.
Costs of Records
Those seeking public records will be charged only the actual cost of making copies. Actual costs will be in accordance with the current rate for copies at commercial establishments:
- The charge for paper copies will be per page.
- The charge for downloaded computer files to a compact disc is per disc.
- Any charge for documents e-mailed to be determined.
- Requesters may ask that documents be mailed to them. They will be charged the actual cost of the postage and mailing supplies.
Additional Resources
- Wright State Public Records Policy 12210
- Wright State Records Management and Retention Policy 12220
- Ohio Attorney General’s Sunshine Laws Manual
- Ohio Public Records Act, Ohio Revised Code 149.43
- Ohio Open Meetings Act, Ohio Revised Code 121.22
Subpoenas
Upon receipt of a subpoena in your office please contact and forward the subpoena to the Office of General Counsel immediately and do not respond directly to the subpoena.
If you are asked to sign for receipt of the subpoena, make a copy of the signed receipt and record the date of receipt. If you receive a subpoena via certified mail, make a copy of the return receipt after it is signed and dated with the date of receipt. Also forward any document evidencing receipt of the subpoena to the Office of General Counsel. It is important to immediately send the subpoena to the Office of General Counsel to ensure a timely response. Failure to timely respond to a subpoena may result in sanctions imposed by the court. The Office of General Counsel will review the subpoena and respond directly to the request.
For those serving the subpoena, please contact the Office of General Counsel at 937-775-2719 regarding service.