The University must respond to your request within five working days. "Day One" is considered the day after your request is received. The five working days do not include weekends or holidays.
The reason for your request is irrelevant, and the University will not ask why you are making a request for records; however, FOIA does allow the University to ask you to provide your name, legal address and clarification of any request.
FOIA requires the University to make one of the following responses in writing to your request within five working days:
- Provide the requested records in their entirety. In this instance, none of the records are subject to a statutory exemption and therefore can be released in their entirety.
- Withhold all of the requested records. In this instance, all of the records are subject to a statutory exemption. The University’s response will identify the volume and subject matter of the records being withheld, and cite the specific Code of Virginia section that authorizes withholding the records.
- Provide some of the records, but withhold other records. In this instance, only some of the records are subject to a statutory exemption. The University’s response will identify the subject matter and cite the specific Code of Virginia section that authorizes withholding the records.
- Requested records could not be found or do not exist. FOIA does not require the creation of records that do not exist, and it does not require the production of information that is not a part of records or documents.
If it is practically impossible to provide the requested records or to determine whether they are available within five working days, in accordance with Va. Code § 2.2-3704(B)(4), the University’s response will invoke an extension for an additional seven working days to provide one of the above responses.
If your request is for an extraordinarily high volume of records, requires an extraordinarily lengthy search, or is of a nature that will disrupt the University’s operational responsibilities, FOIA requires the requesting party and the University to make reasonable efforts to reach an agreement concerning the production of the records. If an agreement cannot be reached, the University will petition the court for additional time to respond to your request.