PREMIER COLLEGE DOCUMENT RETENTION POLICY
January 20, 2016
POLICY STATEMENT

POLICY STATEMENT
Premier College has developed a document Retention Policy to protect and preserve all critical documents as required by state and federal laws. The College is responsible for retaining paper and electronic documents in a safe and secure environment to ensure the basic values of accuracy, confidentiality, security, and proper archiving as well as proper document destruction once documents have served their purpose.

This Policy is also for the purpose of aiding employees of the organization understanding their obligations in retaining electronic documents including e-mail, Web files, sound and movie files, PDF, TIFF, TXT files and documents, Calendars, Computer usage logs, Internet usage logs, Databases, and all Microsoft Office or other formatted file.

This policy is written with considerations for compliance with federal mandates and acts including The Sarbanes-Oxley Act, Health Insurance Portability and Accountability Act (HIPPA), The Fair Credit and Accurate Transaction Act (FACTA), Gramm-Leach-Bliley (GLB) and other federal, state and local mandates.

EFFECTIVE DATE
This Policy is effective as of January 20, 2016, (the “Effective Date”) and applies to all documents created after the Effective Date. However, to the extent possible, the Policy will be applied to all documents regardless of creation date.

LEGAL HOLD
A legal hold suspends all document destruction and supersedes all procedures under this Policy. The purpose of a legal hold is to preserve and protect appropriate records under special circumstances, such as litigation, or when litigation is reasonably anticipated, or a government investigation. All employees and Board members will be notified by the President of the Premier College or his or her designee when a legal hold is required, and will be provided specific instructions for compliance.

If an employee is unsure whether a document has been placed under a legal hold, the employee should preserve and protect that document and check with the President of Premier College.

COMPLIANCE
Every employee and Board members must comply with this Policy. Failure to comply will subject the individual to disciplinary action, up to and including termination of employment or removal from the Board, at the Foundation’s sole discretion, and may lead to civil penalties and sanctions and/or criminal prosecution.

STORING PROCEDURES
The retention period for each document type is set forth under the column labeled “Retention Period.” All employees and Board members are responsible for ensuring that the records they handle, control or create are treated in accordance with this Policy.

DEFINITION OF RECORDS
Official records consist of recorded information that is created or received by College employees in the course of performing official functions on behalf of the College. These may include items related to policies, decisions, procedures, operations, and external or internal transactions

Official records can be recorded on any physical form or medium, including paper or electronic. Examples of official records include memoranda, letters, reports, books, plans, maps, diagrams, pictorial or graphic works, photographs, film, recordings, e-mail, word-processed documents, spreadsheets, databases, and imaging systems.

RETENTION SCHEDULES (ADDITIONAL)
Documents should be retained according to the attached Records Retention Schedule. Each office that generates official records must develop, update, and adhere to the official retention schedule pertinent to the responsibilities carried out in that office. These schedules include: * Description of Official Record * Recommended minimal retention period (Note that guidance on retention times for many types of official records are provided by law and/or professional associations.) * Retention period at Premier College (which may be longer than mandated by law) * Where records are maintained * Method of disposal or records transfer * Departmental responsibility for maintenance and destruction of records * Whether these records should be transferred to the College Archives at the end of the retention period * Whether these records are confidential, and, if not restricted under FERPA, how long the restriction should last. * It is important to retain critical documents, but many items do not need to be retained. Records that should be disposed of at the end of their retention period include: * Records of specific financial transactions * Routine letters of transmittal and acknowledgment * Memoranda that are not personally addressed —except for one record copy from the issuing senior staff member * Requests for publications or information after the requests have been filled * Replies to questionnaires if the results are recorded and preserved either in the Archives or in a published report (which also should come to the Archives). * Items without a retention period, which may be discarded directly from the office when they are no longer needed for administrative purposes, include: * All blank forms and unused printed or duplicated materials * All other duplicate material, including received e-mail messages from other offices on campus: the originating office should keep only the original; keep annotated copies * Papers, reports, working papers, and drafts that have been published * Artifacts and memorabilia. The Archives does not collect non-paper objects except in cases of great importance to the history of the College and manageable physical size and condition. Please contact the Archivist to discuss options for preservation of such objects. * Where a record may fit into one or more categories with different retention periods, the record should be maintained for the longer retention period

ELECTRONIC RECORDS
Many records are created and maintained in an 'electronic' format. These include documents on your computer's hard drive, email and its attachments, and documents that have been scanned and may be installed on CDs or on other removable storage media. File maintenance of these records requires coordination with the places where they are stored. Hard-drives on desk tops, laptops, or on shared drives (network systems), and on removable storage media need to be maintained. It is important to remember that desktop applications are designed for communicating information, and transmitting knowledge. They make communicating with others easy and efficient, but they are not designed for permanent retention of records. Issues of file authentication, version-control, duplication, maintenance, access and permanency are more accurate with electronic records.

Any electronic record that needs to be kept for a retention period longer than seven (7) years should be printed and kept in a paper filing system OR maintained in an electronic format and the equipment needed to read or access the information kept and maintained for the same period of time. For retention periods shorter than seven (7) years it is believed that storage on DVD or CD format will be reliable and readable. Any electronic record that merits permanent retention should be maintained electronically and printed and kept in a paper filing system. An electronic file that has permanent value to the College should be printed and transferred to College Archives. Records that are maintained only in electronic format should be named and labeled in a manner that is consistent with the paper system used in the office ease of coordination and cross-referencing.

OTHER DATA SYSTEMS
College-wide electronic data systems generally contain information that if lost, corrupted or disclosed without authorization could result in the impairment of business functions at the College. In addition some data on these systems contain private data that if lost, corrupted or disclosed without authorization could also result in claims involving invasion of personal privacy, loss of reputation or creditability, and violation of federal or state laws or regulations or College contracts. These systems are generally only made available to approved users. Examples include the Colleague financial system, admissions records, financial aid records, the registrar's records and alumnae/donor biographical and gift data.

All data in the College system or any other data system will have an individual responsible for the integrity of the data in the system. That person is responsible for verifying that electronic data and the record created from the data have not been inappropriately altered, in other words can verify that it is authentic. He or she is responsible for ensuring adherence to policies about access, loss prevention and security to prevent corruption.

Premier College data system is backed-up by the College in order to ensure business continuation in the event of a disaster or crisis. Therefore, individual offices only need to retain their copies of College information while they are useful. One notable exception involves special compilations of data that offices or departments may create using data from College. Because of the way data is preserved or changed over time, it may not always be possible to recreate a compilation of data in the future. Any report created from special compilations, as opposed to merely printing data from the system, should be retained by the office or department creating it as the 'official copy.' Some administrative offices, academic departments, or units have created electronic data systems by purchasing software to help manage a specific database for research or other purposes. If it is determined that the records created by that database should be maintained for a specific period or should be permanently retained, the maintenance of the software license and the availability of it can be very important. Before purchasing or using specialized software for these purposes, the official custodian should discuss the purchase and any agreement needed about backing-up the data system with BCIT.

All College faculty, staff and students entrusted with electronic data must adhere to these practices: * Keep data secure against unauthorized creation, updating, processing, outputting and distribution;

* Appropriately secure data and keep it inaccessible to non-approved users when not in use;

* Use, retain, and dispose of data consistent with this policy; Develop policies related to appropriate and frequent back-up of data systems and their storage in locations that will keep them available in the event of a disaster affecting the original data system;

* When creating reports from data bases, maintaining the same level of confidentiality in the report as exists for protection of the original data.

* Reports containing private or confidential data should be disposed of properly which means shredding all paper copies and erasing hard drives and disks so that the data are not retrievable. Consultation with BCIT staff on how to properly erase hard drives is vital before computers are transferred to other users or discarded.

ELECTRONIC MAIL
Electronic mail should be treated like any other electronic record. Mail that has information that should be retained according to a 'retention schedule' should be printed and filed as would any other paper record. Even though Email is backed up centrally for business continuity purposes, it is not kept as a system of record. Each email user is responsible for retaining email containing important information. The "files" embedded in your account are NOT permanent storage and should not be used for permanent or long-term storage purposes.

Finally, saving email using the 'save as' function saves the content as a file but does not save the embedded data in a regular email that gives the properties of the message, such as the identity of the sender's computer, or the route the message took before arriving in your mail box. Saving email as archived mail does preserve these properties and may be important if there is ever a dispute about the origin of the email. Therefore, email correspondence related to contracting and other activities in which verification of the sender is important should be archived as email for the retention period if possible.

RECORDS TO WEB SITES
Because Web sites have replaced many publications they are a significant archival record of the College and its operation. Web masters and others creating Web page content should capture copies of their Web site's content as e-files on CD or DVD and send them to College Archives for permanent retention. The College currently lacks space to retain archived copies on its servers and Web sites are not routinely backed-up. If a Web site is changed without preserving the original content it cannot be retrieved from the College servers.

PLACE OF STORAGE 1. Storage Vendor – Inactive Records
The College contracts Data storage to store and secure records according to the retention schedule identified in this policy. Departments may place requests to store cartons or retrieve stored cartons by accessing Iron Mountain’s web site.

Storage areas for Inactive Records awaiting destruction or disposal must be physically secure and environmentally controlled, to protect the records from unauthorized access and damage or loss from temperature fluctuations, fire, water damage, pests, theft, and other hazards. Due to limited storage space on campus, these types of storage areas are currently provided by Data Storage.

2. Active and Archival Records Containing Confidential or Personally Identifiable Information
Active Records containing Confidential or Personally Identifiable Information should not be stored on the local hard drive of a desktop or laptop computer, memory stick /flash drive, unencrypted thumb/jump drive, CD-ROM or DVD.

Mini-storage facilities, and off-campus personal or rental property of staff members, including garages, homes, mobile homes, trailers, etc., are not acceptable for storage of Active Records containing Confidential or Personally Identifiable Information.
These records should be stored on the College’s server or an encrypted electronic medium.

METHOD OF DISPOSITION OF RECORDS BY CATEGORY
In the age of identity theft and data breach reporting requirements, it is important that records are disposed of in a manner that protects the College, its employees and students. Accordingly, a copy of an Official Record shall be destroyed in the same manner as the Official Record from which it originated. Official Records shall be destroyed or retained at the conclusion of the Record Retention Period set forth in this Policy.

1. Destruction of Confidential Records All paper Records that have been designated confidential or that contain Confidential or Personally Identifiable Information and are subject to destruction shall be shredded. All Records that would pose a security risk or risk of identity theft shall be shredded. In the case of electronic Records, these Records shall be electronically purged in a manner that ensures they are not accessible on Eckerd College’s server and that provides for destruction of all Confidential or Personally Identifiable Information. See the ITS Director for further details about proper methods of electronically purging Records.

2. Transfer to Archives If an Official Record is to be maintained permanently as an Essential or Historic Archival Record, it may be transferred to Archives for storage. The College is currently evaluating the space available and the cost of maintaining the Official Records. Departments may be directed to physically preserve hard copies or digitally archive Official Records.

Historic Archival Records shall be authorized for destruction by the senior officer of each administrative or academic office of origin after considering historic value and consulting with the Record Retention Officer.

Appendix A – Record Retention Schedule

ACT – While active, employed, or enrolled
LIFE – Life of affected employee
PERM – Permanent
Documents that are superseded or identified for destruction must be shredded

Articles of Incorporation PERM
Charter PERM
By-Laws PERM
Names and addresses of directors and officers Retain until superseded
Minutes of Board meetings PERM
Minutes of Board Committee meetings PERM
Licenses ACT Expired licenses PERM
Policy Statements 10 years
Contracts ACT + 4 years
Patent and Trademark records ACT + 6 year
LITIGATION RECORDS
Claims ACT
Court documents and records ACT
Deposition transcripts ACT
Discovery materials ACT
Litigation files – cases involving an action on a 20 years from the date the judgment or decree from a Florida court matter is closed
Contracts with State or Federal agencies PERM
ADMISSIONS & FINANCIAL AID RECORDS
Admissions and enrollment final reports, 3 years including original targets and current enrollments
Recruitment materials 10 years
Applicant files including acceptance letters, 4 years applications/data forms, relevant correspondence, test scores, letters of recommendation and access waivers, military documents, recruitment materials, transcripts (high school and/or other colleges) Student Aid Reports (SAR) & Institutional 3 years from the last day of the award Student Information Record (ISIR) year in which the student last attended
Pell Grant statements 3 years from the end of the award year
State Grant rosters 3 years from the end of the award year Admission Records: Students Denied Admission 3 years after application submitted Admission Records: Unregistered Students 3 years provided applicable audits have been released
FINANCIAL AID
Applications for financial aid ACT + 5 years
Financial aid awards ACT + 5 years
Lender's Name and Address ACT + 5
FISAP Report 6 years
Job placement ACT + 5 years
Repayment history ACT + 5
REGISTRAR
Enrollment and degree verifications 1 year after graduation or withdrawal
VA student files 3 years from last certification
Student address change forms 1 year after graduation or withdrawal
STUDENT FILES ON ENROLLED STUDENTS
Academic Transcripts PERM
Applications for admission PERM
Acceptance letters / relevant correspondence PERM
Admission high school and / or college transcripts PERM
Advanced Placement records PERM
Test scores (entrance examination and institutional testing) PERM Academic Review Committee action other than dismissal 1 year after graduation or withdrawal
Academic Review Committee action relevant to dismissal PERM
Area of Concentration contract PERM
Collegium / Major / Mentor Assignments PERM
Correspondence, relevant PERM
Degree audit records PERM
Graduation verification PERM
FERPA related documents, Dependent Student form 1 year after graduation or withdrawal FERPA related documents, record requests and disclosures including subpoenas (other than
Directory information requests or student requests for their own records) PERM
Non-disclosure of Directory information requests PERM
Independent Study / Internship contracts PERM
Directed Study contracts 1 year after graduation or withdrawal
International student documents other than those retained by the International Student Programs
Office PERM
PAYROLL RECORDS
Overall payroll records 4 years
Leave records 4 years
W-2 form 6 years
W-4 form 6 years
I-9 forms ACT + 3 years
Garnishments ACT
Leave records 2 years
For each employee:
Name and SSN 5 years following the calendar year in which created
Beginning and end dates of each pay period 5 years following the calendar year in which created

ACCOUNTS RECEIVABLE RECORDS
Outstanding Promissory Notes PERM
Satisfied or paid in full Released to student, once satisfied
Cash receipts 4 years
Uncollected accounts 4 years
Collection records 4 years
Invoices to students 7 years
ACCOUNTS PAYABLE RECORDS
Purchase Requisitions/Work Orders 4 years
Purchase Orders 7 years
Invoices from vendors 7 years
Accounts Payable ledgers 13 years
Payment / Disbursement record 7 years
Expense reports 7 years
Insurance payments 4 years

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Premier College Litigation Hold Notice POLICIES
Issued: 1 April 2014 Responsible Official: President
Responsible Office: Legal Counsel/Chief Information officer

Policy Statement
Effective 20 January, 2016, the Federal Rules of Civil Procedure were amended to require preservation and retention of certain "Electronically Stored Information" or 'ESI.' Under these new rules, there is a legal duty to preserve evidence (e.g., records), including ESI, when the institution has notice that the evidence is relevant to pending federal litigation or when a party should have known that the evidence may be relevant to future federal litigation. These new federal rules require a party to suspend routine or intentional purging, overwriting, re-using, deleting, or any other destruction of electronic information relevant to a federal law dispute, including electronic information wherever it is stored - at an institution work station, on a laptop, at an employee's home, etc. It includes all forms of attorney-client privileged and non-attorney-client privileged electronic communications, (e.g., e-mail, word processing, calendars, voice messages, videos, photographs, information in PDA's) in any location where data may be stored. This electronic information must be preserved in its original electronic form, so that all information contained within it, whether visible or not, is also available for inspection. It is not sufficient to make a paper copy of electronic communication.
Purpose
This guideline is issued to aid Premier College System in the implementation of a Litigation Hold Notice Procedure to comply with the Federal Rules of Civil Procedure provisions regarding reservation of Electronically Stored Information. Definitions
Electronically Stored Information (“ESI”) - refers to all forms of electronic data and documents including, but not limited to, metadata, electronic mail, word processing documents, calendars, voice messages, videos, digital photographs, information in personal digital assistants (PDA) in any location where data may be stored.

Litigation Hold Procedure – is a process whereby an institution, when sued in federal court or when reasonably anticipating federal litigation, issues a litigation hold notice communication suspending the normal operation of paper and electronic document destruction policies for particular records that are relevant to the federal litigation.
Litigation Hold Notice Letter – is the communication that is distributed to preserve information and prevent or suspend destruction of paper documents and electronic data that must be retained during a litigation hold (attached as Exhibit 1).

Records Coordinator - refers to the individual at an institution who has been appointed by the
President or Director to serve as the institution’s Records Coordinator / Official. The Records
Coordinator has the authority and responsibility to dispose of paper and electronic documents in accordance with approved records disposition authorizations under TBR Guideline G-070, Disposal of Records. Prior to the destruction of any records, the Records Coordinator must determine if the action should be delayed due to audit or federal litigation holds requirements.

Evidence - refers to hard copy and electronic / digital recordings, videotapes, writings, material objects, photographs, drawings, diagrams, testimony, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.

Litigation Hold Procedure
Institution's Notification of Federal Litigation (Responsible Party: All Employees)
1.1. Employees have an affirmative duty to inform the institution's Records Coordinator when they receive official or unofficial notification of federal litigation or anticipated federal litigation against the institution.
1.2. Official Employees are considered to be in receipt of official notice of litigation when they receive a complaint, summons, and/or other official documents related to a federal lawsuit.
1.3. Unofficial Employees should, at a minimum, consider receipt of the following documents as actions that are related to anticipated federal litigation and notify the Records Coordinator accordingly.
1.3.1. Equal Employment Opportunity Commission Charge
1.3.2. Florida Human Rights Commission Charge. Office of Civil Rights Complaint
1.3.3. Occupation Safety Health Administration Violation Complaint v. Employee or student Harassment / Discrimination complaint pursuant to Premier College.

2. Employee's Notification of Federal Litigation to Records Coordinator (Responsible Party: All Employees)
2.1. Based on the above mentioned parameters, employees who have official or unofficial knowledge of federal litigation or anticipated federal litigation against the institution must inform the institution's Records Coordinator, in writing, of the matter within two (2) business days of their receipt of notification.

3. Records Coordinator's Issuance of Litigation Hold Notice (Responsible Party: Records Coordinator)
3.1. The institution's Records Coordinator, or designee, will issue an official litigation hold notice regarding the matter to the appropriate individuals within five (5) business days of receipt of notification of pending litigation or anticipated litigation. Do not distribute the model litigation hold notice. Should a matter arise that requires your institution to implement an official litigation hold, the Records Coordinator, or a designee, must contact the institution's attorney to discuss drafting a litigation hold notice for the particular case.

4. Employees' Compliance with the Litigation Hold Notice (Responsible Party: Employee recipients of the litigation hold notice)
4.1. In response to an official litigation hold notice issued by the institution's Records Coordinator or his/her designee, all individuals who receive the notice must compile paper and electronic records (including e-mails, voicemails, videos, etc.) as instructed in the notice letter. Electronic records must be retained in the original electronic format (e.g., burned to disk / CD, saved in a secure folder on the system server that is not subjected to unannounced deletion, etc.). It is not sufficient to print paper copies of electronic records as they must be maintained in their original electronic format. It is the responsibility of individuals to whom the litigation hold notice is issued to retain all records that are responsive to the notice until they receive written notification indicating otherwise.
Information Technology Responsibility

1. Assist the Records Coordinator with identifying where ESI is located, including all institutionally owned equipment, personally owned by the individual or by a third party. These locations include, but are not limited to: PC’s PDA’s, email systems, instant messaging systems
(IM), voice mail (VM) systems, network storage, etc.

2. Provide the Records Coordinator with information as to how long ESI can be expected to be retrievable through routing system backup procedures performed by IT.

3. Assist the Records Coordinator with the identification of threats of non-compliance so the appropriate policies can be developed to mitigate the risk.

4. Coordinate with the Records Coordinator in the development of an archival strategy consisting of hardware, software and process accountability. The process should ensure that the information saved complies with guidelines and policies as well as state and federal law.

5. Coordinate with the Records Coordinator to establish protocols, systems and controls that can be easily managed and monitored in order to ensure compliance.

Email and Document Archiving

When you receive notification that ESI (email or documents) you created or maintained are to be maintained as part of a litigation hold, you are responsible for maintaining those documents in an unaltered state. To meet those requirements, please follow the instructions in the appendices below to archive the documents safely.

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LITIGATION HOLD CHECKLIST
Documents need to be preserved at the outset of litigation. Follow these steps immediately upon retention for a new litigation or potential litigation, regardless of whether you are engaged by the plaintiff or the defendant, to facilitate the collection, analysis, and preservation of electronically-stored information (“ESI”) that may be relevant to the matter (and to keep costs down):

Substantive Steps
1. Determine what rules apply.
2. Identify the key claims or defenses in the lawsuit.
3. Identify the names of all key players who might have relevant information about the issues (the “Key People”). This includes third parties over whom your client has control, or employees and custodians who left the company.
4. Identify the time frame for relevant materials.
5. Issue preliminary verbal instruction not to destroy any documents that might be relevant to the litigation, and then work with the client to issue an appropriate litigation hold letter.

Checklist to Define the Scope of Electronic Discovery:
“WHO”
1. Identify the internal and external personnel responsible for the management and maintenance of the technology infrastructure and all of its components, with contact information (the
“Technology Personnel”). The firm’s IT department can help you identify the personnel and components.

2. Identify the names, addresses, and contact info for any third party that holds or has access to company ESI that contains information that may be relevant to the lawsuit, and make sure they are told to comply with a litigation hold. A litigation hold letter should be sent to any such third party.

3. Complete a preliminary list of the Key People (referenced above) that might have relevant information about the issues.
“WHAT / WHERE” 1. It is a good idea to obtain a detailed description of the architecture and elements of the client’s computer system and ESI storage, including, but not limited to, hardware systems (the amount and types of computers); operating systems, and software applications, including customized applications, with graphical representations if available. This description should include:
A. Servers and Mainframes
a. Network file systems
b. Shared Network Drives Folder Structure
c. Individual User Network Drives Folder Structure
B. Workstations
a. Hard Drives Folder Structure
C. Voice mail
D. Fax machines (these usually store data as well)
E. The “Cloud.” (This is an evolving area. You should understand how the Cloud affects the e-discovery you are working with).
2. Obtain a detailed description of the architecture of the electronic mail system, including, but not limited to, server and workstation software and versions, lists of e-mail users, and location of e-mail files and folders and archived emails.
A. Be aware that email systems are often integrated with contact lists, calendars, and to-do lists, all of which may contain relevant ESI.
3. Identify whether custodians of ESI use additional methods to engage in business activities, such as:
A. Local hard drives on work computers (desktops and laptops)
B. Personal home computers, including laptops, tablets and netbooks
C. PDAs / Cellphones / iPhones / Android Phones/ Blackberries
D. CD-ROMs / DVDs
E. Thumb drives / Flash media
F. Removable / portable hard drives
G. Floppy diskettes
H. Zip disks
I. Data archives (e.g., tape archives, cloud archives, etc.)
J. Digital cameras
K. Third-party data archives a. Social media sites (including LinkedIn, Facebook and Twitter)
b. Consider whether employees are using personal email and instant messaging accounts (e.g., Gmail, Hotmail, AOL, AIM, Skype etc.) for business purposes. Typically, a certain amount of these emails are maintained on a client’s personal computers, but much more data is kept at the “source” vendor, e.g., kept at Google. If a production request is received and such accounts are used for business activity, these “source” vendors should be contacted by the employee who owns the account to determine the ability and cost of obtaining back-up emails.
4. Obtain a detailed description of the computer-use policies and procedures, including, but not limited to:
A. employee guidelines
B. company policies on e-mail usage
C. company policies on Internet usage
D. password use
E. security controls
F. information sharing
5. Describe any monitoring or logging of employees’ computer usage. “HOW PRESERVED” 1. If the company has a document retention policy, obtain a copy and confirm that it has been suspended in a manner appropriate to the litigation. A. Whether or not the company has a formal document retention policy and litigation-hold policy, confirm with the Technology Personnel that the preservation steps set forth in the litigation hold letter you issued to the client have been implemented. 2. Although backup tapes may not ultimately be produced in the litigation, it is necessary to understand the details of any backup policies, procedures, and schedules, including, but not limited to, details concerning hardware and software used to back up and archive information, documentation of what data is backed up, and locations of all backup media devices. Also determine the frequency of the backups (monthly, weekly, daily, etc.) and whether the backups are incremental

3. Obtain a description of the company’s procedures with respect to employees who are terminated after the implementation of the litigation hold and insure that all ESI that may be relevant to the action relating the Key Players is preserved even if A Key Player is terminated after the litigation hold is implemented.

4. At some point in the preservation process, a determination should be made as to whether to take images of servers, hard drives on laptops, desktops and home computers (used for employment-related work), text messages residing on PDAs such as iPhones, and fax machine memory.

A. Consider the potential benefits of using a professional to make a forensic image of the relevant data. 5. As the case progresses, periodically confirm in writing with the Information technology personnel that the preservation steps set forth in the litigation hold letter issued to the client have continued to be followed.

Reference http://www.eckerd.edu/business/files/Eckerd%20Document%20Retention%20Policy.pdf http://barnard.edu/general-counsel/record-retention-policy http://www.hamilton.edu/human-resources/policies/hamilton-college-records-policy https://policies.tbr.edu/guidelines/litigation-hold-notice https://www.roanestate.edu/?8389-Litigation-Hold-Procedures http://www.ndsu.edu/fileadmin/generalcounsel/Litigation_Holds/Litigation_Hold_Checklist.pdf The Sedona Principals, Second Edition: Best Practices Recommendations & Principles for Addressing Electronic Document Production, June 2007.

Joint E-Discovery Subcommittee of the Association of the Bar of the City of New York, Manual for State Trial Courts Regarding Electronic Discovery Cost Allocation, Spring 2009.

The New York State Unified Court System, A Report to the Chief Judge and Chief Administrative Judge, Electronic Discovery in the New York State Courts, February 2010.

Report of the E-Discovery Committee of the Commercial and Federal Litigation Section of the New York State Bar Association: Best Practices in E-Discovery in New York State and Federal Courts, Version 2.0, December 2012.