Can I request to see a reference about me?

Question

From USA universities, Can I request to see a reference about me?

Do they offer the Right to Information and request the information provided in a referee report about me to release?

I can have this service from the UK.

I ask this because my current PI congratulate me on an interview for a postdoc position, next time he followed up and asked how did it go. Later I found he sent a negative referee report about me and not to hire me. (long story short, they were my PI's colleagues - so, through the Right to Information I got told to request HR to have a copy of all the referee reports)

Still PI doesn't know if I know about his backstabbing, however, I want to make sure this from another place in the USA to confirmed if that was a personal attack or if it was due to I applied to his colleague's group.

If this is genuine backstabbing, what actions I can take through universities / academic level, without going to courts.

I had/have to put this PI as a referee for someplace where they know which lab I am coming from. PI is famous in the university for this kind of games he plays, however, he has top political power as he has billions of grants, and staff/students afraid to talk in public.

Edit:

To answer few of your Qs /comments:

To @Jon Custer : "how do you know the report was "negative" vs "not positive enough given the other applicants"?"

I am specialized in using a few lab techniques. PI has written in the report, I do not! (Funny enough PI is the one who doesn't know these two techniques - I got trained by a postdoc and a tech at different institutes and attended a workshop).

However, the rest of the world believes PI is an expert in this very field and specialized in this specific technique, as he published dozens of articles. The Truth is, He does not know the technique, all come from a technician and a postdoc (both postdoc and tech left the lab, I have a referral from the tech, that I got trained from the tech)

To: user151413; "Reference letters are an assessment, which can be negative. (Otherwise, what's the point of an assessment?) "

This would be true if it was an honest assessment. The problem here is deliberate lying, and giving false information in the assessment.

Answer 1

As a general rule, institutions are very reluctant to give access to letters of reference to anyone and candidates in particular. That's because they know that if they regularly shared these letters with the people being written about, letter writers would stop giving honest assessments.

As a consequence, regardless of matters of law or regulation, you should expect that universities will not give you the letter. You may have a legal way to obtain such a letter, but you will likely have to sue the university to obtain it. Whether that's worth your time or money is a case you need to evaluate for yourself -- taking into account that knowing what is in the letter does not actually change anything. It's not like the university will offer you the position you were seeking just because you know what was in the letter.

Answer 2

Here is a link to some information about the Family Educational Rights and Privacy Act of 1974 or FERPA for the rules and regulations in the US. In general, you have the right to see any and all records. However, there are two critical caveats with regards to LoR:

you can only access your recommendation letters after you've gotten your admission letter of acceptance and chosen to enroll in a college. If you were rejected from or chose not to go to a certain school, then you won't be able to get your hands on those letters.

Once you add a college to your Common Application, you'll see a tab show up to invite your recommender(s). Before you send those invites, you'll be prompted to read about your waiver of access and select a response.

So letters of recommendations only have to be shared once you join a specific institution and you will be asked in advance of your application if you want to waive this right. This means, in cases of rejection you have no recourse to see the letters. My guess is that this was put in place to protect the writers of the LoR. It is a really challenging situation for you to be in, since the LoR from your current advisor is surely important in landing a new position.

Answer 3

The other answers address the legal and regulatory aspects of the question. You should also consider the cultural aspects: Many American academics expect that applicants will choose not to read their reference letters. If you violate those expectations, they will not trust you.

Answer 4

In the US, the answer is almost certainly no, you should not ask to see your reference letters.

Even the most positive letters contain candid descriptions that letter writers do not want to share. If you seek out those letters, you will strain your relationships with the writers, and you are less likely to get detailed letters in the future.

Right now, you want a letter to see whether you're:

1. Trapped by an abusive PI who is writing false letters to stop you from getting a job, or
2. Not as good as you think you are (at least in the eyes of your PI).

I understand that this is an important question, but you don't need the letter to answer it.

If your PI is trapping you - and it happens! - you may notice that: (1) You have good luck with applications that benefit your PI, like grants, but terrible luck with applications that help you leave, like jobs; (2) Your job applications are successful up to the point where references are requested, then fail; (3) Other colleagues are startled by your lack of success on the job market.

If this is the case, your relationship with your PI is done (though you'll likely need to stay quiet about it, lest they sabotage you further). Start looking ASAP for a mentor who will actually support you - either a colleague who can write your letters of reference, or a new boss/PI.

If your PI doesn't think you're very skilled, you will find that (1) they don't put you forward for anything, even grants and awards that would benefit the lab; (2) Few of your colleagues praise you; and (3) If you ask your PI, they'll bluntly tell you that you need to improve.

This leaves you in a tough spot. As above, you may find that your relationship with your PI is completely broken and you need to find a new mentor ASAP. You'll also need to do some deep reflection, preferably with the help of your most supportive colleagues, on what changes you could make in order to succeed. This may involve improving your skills, communicating your achievements better, switching to a research project that better matches your talents, or leaving research for a more suitable career (and a more supportive boss).

None of these options are easy; the good news is that, in the long run, all of them will leave you better off than you are now.

Answer 5

In the US it would almost certainly be improper for information about you to be released to a third party. But who can say what sort of conversations go on between people who know each other and speak informally?

But the privacy laws here are pretty strong, so a formal request from third parties to see information would be denied. Even the fact that you had applied is almost certainly protected.

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Here is a statement from one US university (pdf) on the legal issues around letters of recommendation