Virginia Freedom of Information Act (FOIA) — Rights & Responsibilities

The Virginia Freedom of Information Act (FOIA), located in § 2.2-3700 et seq. of the Code of Virginia, guarantees citizens of the Commonwealth of Virginia 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 format (paper, electronic file, audio, video, or database)—prepared, owned, or possessed by Mountain Gateway Community College (MGCC) or its officers, employees, or agents in the transaction of public business. All public records are presumed open and may only be withheld if a specific statutory exemption applies.

How to Request Records from MGCC

To request records or ask questions regarding FOIA requests at Mountain Gateway Community College, direct your request to the designated MGCC FOIA Officer:

📩 MGCC FOIA Officer Contact Information

Angela Graham — Vice President for Financial and Administrative Services

Mailing Address: 1000 College Drive, Clifton Forge, VA 24422

Phone: (540) 863-2806 | Email: agraham@mgcc.edu

Guidelines for Submitting a Request:

• Request Methods: You may submit requests by email, U.S. Mail, phone, or in person. While FOIA does not require requests to be in writing, putting your request in writing creates a clear record for both parties.
• Reasonable Specificity: Your request must identify the records sought with "reasonable specificity" so staff can locate them. It does not need to use formal legal terminology.
• Existing Records: FOIA applies to existing records. It does not require MGCC to answer general questions or create new records/reports that do not already exist.
• Format Preference: You may request electronic records in any format used by MGCC in the regular course of business (e.g., Excel databases, PDFs, electronic files).
• Identity Verification: FOIA permits MGCC to require your name and legal address. Requests may be denied if the requester is not a Virginia citizen or a media representative with circulation in Virginia.

• Your Rights Under FOIA

Under Virginia law, requesters have the right to:

1. Inspect or Receive Copies: Request to inspect public records, receive physical or electronic copies, or both.
2. Advance Cost Estimates: Request a cost estimate before records are searched, compiled, or reproduced.
3. Legal Remedies & Advisory Opinions: File a petition in district or circuit court to compel compliance if you believe your FOIA rights have been violated, or contact the Virginia FOIA Council for a nonbinding advisory opinion.

MGCC Responsibilities & Response Timelines

MGCC must respond to your request within five (5) working days of receipt ("Day One" begins the business day after your request is received, excluding weekends, state holidays, and official college closures).

Mandatory 5-Day Statutory Response Options:

1. Full Production: Provide the requested records in their entirety.
2. Full Withholding: Withhold all requested records because they are entirely exempt under specific Code of Virginia statutes. Written notification will cite the exact code section and subject matter.
3. Partial Disclosure (Redaction): Provide non-exempt portions while redacting exempt content, accompanied by a written explanation citing the relevant Virginia Code exemption.
4. Non-Existent Records: Notify you in writing that the requested records cannot be found or do not exist. If known, contact details for the public body holding the records will be provided.
5. Practical Impossibility (7-Day Extension): Inform you in writing that response within 5 days is practically impossible, providing an additional 7 working days (12 working days total). Note: Requests for criminal investigative files (§ 2.2-3706.1) allow an additional 60 working days (65 total).
6. Court Extension for Extraordinary Volume: Petition the court for extra time if a massive volume of records would cause severe operational disruption, following reasonable efforts to negotiate a manageable scope with the requester.

Fee Schedule & Policy

Public bodies may charge reasonable fees not to exceed the actual cost incurred in searching, accessing, duplicating, supplying, or redacting requested records. Overhead expenses or general administrative costs are not charged.

Expense Category	Rate / Fee	Policy Notes
First Hour of Search/Review Time	$0.00 (FREE)	MGCC waives staff time charges for the first hour of processing
FERPA Scholastic Records	$0.00 (FREE)	Free inspection for parents/guardians of minors or students 18+
Staff Processing Time	$25.00 / Hour (Average)	Billed at actual hourly rate for search, review, scanning, and redaction
Standard Paper Copies (B&W)	$0.25 / Page	Applies to physical printed paper copies (not electronic files)
Oversized Paper Copies	$1.00 / Page	Larger than legal-sized document prints
Physical Media / Postage	Actual Material Cost	Flash drives, CDs, DVDs, or non-standard postage fees

Advance Estimates & Payment Rules:

• Advance Estimates: If requested, MGCC will provide a cost estimate prior to fulfilling the request. Response deadlines pause while awaiting requester approval.
• Deposits ($200+ Threshold): If estimated costs exceed $200, MGCC may require a deposit up to the full estimated amount before proceeding. Timeframes pause until the deposit is received.
• 30-Day Abandonment Rule: If a requester fails to respond to a cost estimate or deposit request within 30 days, the request is deemed withdrawn.
• Delinquent Accounts: MGCC may require payment of past-due FOIA bills outstanding for more than 30 days before responding to new requests.

Types of Public Records Maintained by MGCC

Mountain Gateway Community College maintains public records across the following functional administrative areas:

• Academic & Student Records: Admission, enrollment, accreditation, athletic (including NJCAA), and scholastic records.
• Financial & Business Operations: Accounts payable/receivable, financial reports, procurement, contracts, and inventory.
• Governance & Administration: College reports, board meeting minutes, capital projects, and fundraising records.
• Human Resources & Risk Management: Personnel files, workers' compensation, and risk management documentation.
• Safety & Security: Emergency Operations Plans and public safety operational records.

Statutory Exemptions & College Invocation Policy

The Code of Virginia permits public bodies to withhold specific types of records. MGCC commonly invokes statutory exemptions under the following provisions:

• Personnel Records: § 2.2-3705.1(1) — Invoked to protect employee privacy.
• Legal Privilege: § 2.2-3705.1(2) (Attorney-Client Privilege) & § 2.2-3705.1(3) (Attorney Work Product).
• Proprietary Vendor Data: § 2.2-3705.1(6) — Proprietary software or commercial data.
• Contract Negotiations: § 2.2-3705.1(12) — Invoked prior to contract award to protect MGCC's bargaining position.
• Scholastic Records: § 2.2-3705.4(1) — Invoked to protect student privacy under state law and FERPA.
• Public Safety & Critical Infrastructure: § 2.2-3705.2 — Security plans and emergency response procedures.

Virginia Freedom of Information Advisory Council

The state Freedom of Information Advisory Council is available to answer general questions regarding FOIA operation and application, publish educational materials, and issue advisory opinions. Note: The Council is not a records repository and does not process FOIA requests or conduct law enforcement investigations.

Virginia Freedom of Information Advisory Council

Division of Legislative Services

Phone: (804) 698-1810 | Toll-Free: (866) 448-4100

Email: foiacouncil@dls.virginia.gov | Website: foiacouncil.dls.virginia.gov