From: 8315 - LITIGATION HOLD PROCEDURE Any Board member or employee who receives specific information and/or =
written=20
notification regarding one of the following instances shall immediately =
provide=20
that information and/or written notification to the Superintendent: Upon receipt, the Superintendent shall review the specific =
information and/or=20
written notification to determine whether Policy 8315 - Information=20
Management - applies. If it does, the Superintendent shall =
initiate a=20
Litigation Hold applicable to all relevant information. The =
Superintendent also=20
will notify the Board of the scope of and reason for implementation of =
the=20
Litigation Hold. To initiate a "Litigation Hold," the Superintendent or designee shall =
immediately notify the School District Records Commission to suspend all =
records=20
disposal procedures until the matter under the "Litigation Hold" is =
fully=20
defined and information falling under the "Litigation Hold" identified. =
The=20
notification to the School District Records Commission shall be =
documented. A "Litigation Hold" is a procedure that identifies and preserves =
information=20
relevant to a matter by identifying individuals in possession or custody =
of=20
paper documents, electronically stored information ("ESI") and =
electronic media=20
storing ESI, and informing them of their obligation to preserve such =
information=20
outside the "Records Retention Schedule". Third parties with control or =
custody=20
of paper documents, ESI or electronic media storing ESI also are =
notified of the=20
"Litigation Hold" and requested to preserve that information until =
notified=20
otherwise. All information covered by a "Litigation Hold" must be =
prospectively=20
preserved and cannot be disposed of under the "Records Retention and =
Disposal"=20
requirements until the "Litigation Hold" is removed. Definitions "Information" includes all paper documents and ESI. "Documents" includes, but is not limited to, writings, drawings, =
graphs,=20
charts, photographs, blueprints, sound recordings, images and other data =
or data=20
compilations stored in any medium from which information can be obtained =
or=20
translated if necessary. "ESI" includes, but is not limited to, writings, drawings, graphs, =
charts,=20
photographs, blueprints, sound recordings, images and other data or data =
compilations stored in any electronic media from which information can =
be=20
obtained or translated if necessary. It includes, but is not limited to, =
e-mails, e-mail attachments, instant messages, word processing files,=20
spreadsheets, pictures, application program and data files, databases, =
data=20
files, metadata, system files, electronic calendar appointments, =
scheduling=20
program files, TIFF files, PDF files, MPG files, JPG files, GIF files, =
network=20
share files, internal websites, external websites, newsgroups, =
directories,=20
security and access information, legacy data, audio recordings, voice =
mails,=20
phone logs, faxes, internet histories, caches, cookies or logs of =
activity on=20
computer systems that may have been used to process or store electronic=20
data. "Electronic Media" includes, but is not limited to, hard drives =
(including=20
portable hard disk drives "HDD's"), floppy drives, disaster recovery =
media, and=20
storage media (including DVD's CD's, floppy discs, Zip discs/drives, =
Jazz=20
discs/drives, USB memory drives, jump discs/drives, flash discs/drives, =
keychain=20
discs/drives, thumb discs/drives, smart cards, micro-film, backup tapes, =
cassette tapes, cartridges, etc.), accessed, used and/or stored =
on/in/through=20
the following locations: networks and servers; laptop and desktop work=20
computers; home and personal computers; other computer systems; backup =
computers=20
or servers; archives; personal digital assistants ("PDAs" =96 including =
Palm,=20
Blackberry, cellular phone, tablet PC, etc.); pagers; firewalls; audit =
trails=20
and logs, printers; copiers; scanners; digital cameras; photographic =
devices; or=20
video cameras and devices. Electronic media shall also include any item=20
containing or maintaining ESI that is obtained by the District for Board =
member=20
or employee usage or that Board member or employee uses for such purpose =
(even=20
if privately owned by the Board member or employee) from the date this =
policy is=20
adopted into the future. ESI Team The Superintendent may
Lakeview Community =
Schools
Administrative =
Guidelines
A.
an =
individual, parent=20
or student intends to appeal a student discipline to State court;
B.
litigation is =
imminent=20
even though the litigation has not yet been filed in Federal or =
State=20
court;
C.
the Board is =
served=20
with litigation, including, but not limited to, notice of a =
lawsuit in=20
Federal or State court, or notice of a student disciplinary appeal =
to=20
State court;
D.
an employee, =
labor=20
union or other person intends to file a claim against the Board, =
its=20
member, employees or agents at an administrative agency such as =
the Equal=20
Employment Opportunity Commission, Michigan Civil Rights =
Commission, State=20
Employment Relations Board, U.S. Department of Education Office =
for Civil=20
Rights, State Personnel Board of Review, or a Civil Service =
Commission;
E.
an =
administrative=20
agency, such as the Equal Employment Opportunity Commission, =
Michigan=20
Civil Rights Commission, State Employment Relations Board, U.S. =
Department=20
of Education Office for Civil Rights, State Personnel Board of =
Review, or=20
a Civil Service Commission, intends to investigate a claim against =
the=20
Board, its members, employees or agents;
F.
a third party =
requests=20
that a Board member or employee maintain information that could be =
at=20
issue in litigation or potential litigation against that third =
party;
G.
the =
Superintendent=20
recommends the termination of an employee to the Board pursuant to =
a labor=20
contract;
H.
the Board is =
exploring,=20
contemplating or initiating litigation.
The Superintendent or designee, or the ESI Team (if the = Superintendent=20 determines to utilize one), will (a) define the matter under the = "Litigation=20 Hold"; (b) identify information falling under the "Litigation Hold"; (c) = identify all individuals and third party entities who have custody of = documents,=20 ESI or electronic media containing ESI regarding the matter under the=20 "Litigation Hold"; and (d) identify all individuals responsible for = records=20 disposal "Records Retention and Disposal". If the ESI Team completed the = above=20 actions, it will report the above information to the Superintendent. The = Superintendent or designee will notify all identified individuals, third = party=20 entities and the School District Records Commission of the "Litigation = Hold" and=20 their responsibility to preserve all information regarding the = "Litigation Hold"=20 matter in their custody or control in a readily accessible form. After=20 distribution of the "Litigation Hold" notifications, the ESI Team (if = one is=20 used) or the Superintendent or designee shall be responsible for = regularly=20 verifying that all documents, ESI and electronic media containing ESI = regarding=20 the "Litigation Hold" matter are properly preserved. The ESI Team (if = one is=20 used) or the Superintendent or designee will review the "Litigation = Hold" as=20 necessary, and at least on a quarterly basis, the Superintendent or = designee=20 will reissue the Litigation Hold notice to the affected individuals and = third=20 party entities to remind them of their ongoing duty to properly preserve = all=20 information covered by the "Litigation Hold". The Superintendent or = designee, in=20 conjunction with the ESI Team (if one is used), will document all steps = taken to=20 implement the "Litigation Hold".
A "Litigation Hold" shall remain in place until removed by the Board. = A=20 "Litigation Hold" may be removed when the litigation or administrative = agency=20 matter has been resolved or can no longer be initiated. The = Superintendent or=20 designee shall notify the School District Records Commission and all = individuals=20 and third party entities notified of a "Litigation Hold" when the " = Litigation=20 Hold" for a matter is removed.
This administrative guideline, along with Policy 8315, shall be = posted and=20 distributed in a manner that places all Board members and employees on = notice of=20 their responsibilities under Policy 8315 - "Information Management" =96 = and this=20 administrative guideline.
Records Retention and Disposal Schedule for = =96=20 Michigan Public Schools (Education Bulletin #522 Revised)http://www.michigan.gov/recordsmanagement/
F.R.C.P. 34, 37(f)
R.C.P. 34, 37(F)
Approved 10/5/09