POLICIESIssued: November 21,2011
Responsible Legal Counsel/Chief Information Officer Office:
Premier College has a legal obligation to preserve evidence and records, including electronic documents that are relevant to a pending or potential claim or action, such as a government audit, administrative proceeding, or lawsuit. Upon notice of pending litigation or anticipated, Premier College must implement a Litigation Hold Notice that requires the retention of certain paper and electronic records for an indefinite period of time due to pending state or federal litigation.
Each employee of Premier College is responsible for acting in compliance with the Litigation Hold Notice regarding the preservation and maintenance of evidence relevant to pending litigation. The Office of Legal Counsel together with the Chief Information Officer at Premier College is responsible for implementing the Litigation Hold Procedures upon notice of the need for a litigation hold to preserve relevant electronically stored information and paper documents. Identifying instances in which a Litigation Hold Notice is required and its subsequent implementation requires collaboration of multiple individuals within , Premier College, including the Records Coordinator.
This policy and procedures applies to all personnel and covers all records, regardless of form, made or received in the transaction of Premier College business.
A “Litigation Hold Notice " is an order to cease destruction and preserve all records, regardless of form, related to the nature or subject of the legal hold.
Litigation Hold Procedure
The process whereby Premier College sends a notice to all involved departments suspending the normal operation of document destruction polices for particular records relevant to any pending or potential claim or action. Notwithstanding the applicable records retention schedule, documents that are subject to a particular Litigation Hold Notice must be retained until the hold is removed.
The Records Coordinator, as designated by the Vice-President for Business and Finance, has the authority and responsibility to dispose of paper and electronic documents in accordance with approved records disposition authorizations policies, per Premier College Records Management Program.
Includes all records, whether in electronic or paper form, created, received, or maintained in the transaction of University business, whether conducted at home or work. Such evidence may include, but is not limited to, paper records and electronic records stored on servers, desktop or laptop hard drives, tapes, flash drives, memory sticks, DVDs, or CD-ROMs.
Electronically Stored Information (ESI)
Refers to all forms of electronic data and documents. "Electronic records" includes all forms of electronic communications, including, but not limited to, e-mail, word processing documents, spreadsheets, databases, instant messages, calendars, voice messages, videotapes, audio recordings, photographs, SharePoint files, Wiki materials, telephone or meeting logs, contact manager information, Internet usage files, and information stored in PDAs, Blackberry devices, or removable media (e.g., CDs, DVDs, thumb drives, etc.).
Notification of Litigation
1.All employees have an affirmative duty to inform the Office of Legal Counsel when they receive notification of any claim or action or threat of any claim or action against the College.
2.Employees are considered to be in receipt of notice of a claim or action when they receive a complaint, summons, and/or other official document(s) related to a lawsuit or claim.
3.The Office of Legal...