The Rights of Requestors and the Responsibilities of Southwest Virginia Community College under the Virginia Freedom of Information Act:
The Virginia Freedom of Information Act (FOIA), located § 2.2-3700 et seq. of the Code of Virginia, guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees.
A public record is any writing or recording — regardless of whether it is a paper record, an electronic file, an audio or video recording, or any other format — that is prepared or owned by, or in the possession of a public body or its officers, employees, or agents in the transaction of public business. All public records are presumed to be open, and may only be withheld if a specific, statutory exemption applies. The policy of FOIA states that the purpose of FOIA is to promote an increased awareness by all persons of governmental activities. In furthering this policy, FOIA requires that the law be interpreted liberally, in favor of access, and that any exemption allowing public records to be withheld must be interpreted narrowly.
Your FOIA Rights
Making a Request for records from Southwest Virginia Community College
To request records from Southwest Virginia Community College, you may submit your request online or directly to John Dezember. He can be reached at P.O. Box 1101 Richlands, VA, 24641, 276-964-7332. Email FOIA requests to: foiarequest@sw.edu. You may also contact him with questions you have concerning requesting records from Southwest Virginia Community College.
In addition, the Freedom of Information Advisory Council is available to answer any questions you may have about how FOIA works. The Council was created in the legislative branch of state government to issue opinions on the operation and application of FOIA, to publish educational materials, and to provide training about FOIA. However, please be aware that the Council is not a records repository and does not process records requests on behalf of other public bodies, nor is the Council an investigative or enforcement agency. The Council may be contacted by email at foiacouncil@dls.virginia.gov, or by phone at 804-698-1810 or toll-free at 1-866-448-4100.
Southwest Virginia Community College’s Responsibilities in Responding to Your Request
Costs
Policy Regarding Fees
It is Southwest Virginia Community College’s policy to charge for the actual costs of responding to FOIA requests. We charge for staff time spent searching for, reviewing, copying, scanning, and redacting the requested records, copying costs, or any other costs directly related to supplying the requested records.
Southwest Virginia Community College does not charge a fee to provide scholastic records that must be made available for inspection pursuant to the Family Educational Rights and Privacy Act (FERPA) if the request for scholastic records is made by a parent or legal guardian of a minor student or by a student 18 years old or older, or for the first hour of time to respond to a FOIA request.
Copying costs shall be assessed on public records that are printed, but not on public records that are provided electronically.
Public records are provided at the costs specified below:
Southwest Virginia Community College also may charge for the actual cost of the medium by which the information is provided (e.g., CD, DVD, flash drive, etc.) if that medium is requested by the requester, and for the actual cost of mailing the requested records if the cost is above the cost of the standard-sized flat rate envelope.
Southwest Virginia Community College will apply any costs we incur in estimating the costs of providing the requested records toward the overall costs to be paid by the requester.
Types of records
The following is a general description of the types of records held by Southwest Virginia Community College:
If you are unsure whether Southwest Virginia Community College has the record(s) you seek, please contact the FOIA Officer directly.
Commonly used exemptions
The Code of Virginia allows any public body to withhold certain records from public disclosure. Southwest Virginia Community College commonly withholds records subject to the following exemptions:
Policy regarding the use of exemptions
Southwest Virginia Community College will invoke the personnel and scholastic records exemptions to protect the privacy of its employees and students. Southwest Virginia Community College will invoke the contract negotiations exemption whenever it applies to protect Southwest Virginia Community College’s bargaining position and negotiating strategy.
Download the Southwest FOIA Policy: Rights & Responsibilities 2023
All locations closing at 11:45 AM on Wed, Dec 11, due to inclement weather. Remaining day & night classes are cancelled.