From:

Dan MOGULOF <dmogulof@berkeley.edu>

Sent: Wednesday, November 18, 2020 1:15 PM
To: Claudine Wong <Claudine.Wong@FOXTV.COM>
Subject: Re: FERPA waivers

Claudine,

Please allow me to clarify our response, lest you draw incorrect conclusions from it.

The campus does not disclose whether or not it is investigating or has investigated
individual employees for alleged policy violations or for poor workplace performance
because public agency employees have a legal entitlement to privacy with regard to
personnel matters. It would be an error for KTVU to draw any conclusion based upon
campus statements about whether any investigations and/or performance reviews
regarding any individual employees have occurred with regard to matters KTVU has inquired
about. The campus has no comment with regard to any personnel matters.

There is one exception to this general prohibition on disclosure of personnel matters. The
campus does disclose, pursuant to the California Public Records Act, completed, written
investigative reports when those reports include any conclusion that an employee violated
policy, unless the conclusion involves a minor policy violation by an employee who has
limited responsibility. Any written report containing a finding of a policy violation by a
coach would be disclosable consistent with this standard. Though the campus discloses
such reports when asked (if such reports exist), the campus is not permitted under the
relevant privacy laws to comment upon those reports. You have in hand the response of
the campus Public Records Coordinator to your inquiry.

The campus reviews its practices generally, without respect to whether any employee
violated policy, and the Office of the President occasionally also conducts such
reviews. Those reviews can result in the initiation of personnel investigations. I can confirm
there is a review underway concerning matters that KTVU has asked about, and that review
has not concluded.

Best,

Dan


On Nov 18, 2020, at 12:18 PM, Claudine Wong <Claudine.Wong@FOXTV.COM> wrote:

Dan
I do have a follow up question for investigations in general. I received the response to
my CPRA Request saying that there are no investigations on file related to the four
athletes. However I have emails that refer to reviews of the allegations. Are those
review of allegations not considered official investigations and is that a second tier? So
is it safe to say that none of the meetings that were conducted rose to the level of
triggering an official investigation? I would appreciate any clarification.
Claudine