Question
You are the Chief Information Officer for Premier College. Recently, your college has received a notice from the Department of Education about an investigation of
You are the Chief Information Officer for Premier College. Recently, your college has received a notice
from the Department of Education about an investigation of your college based on the state-specific
testing and compliance procedures. The Department of Education has sent a Litigation Hold Notice
wherein they have asked all college staff and administrators of the college to preserve all relevant
documents, records, data, contracts (regardless of its location or medium), and correspondence notes.
To understand the litigation hold notice received from the Department of Education, refer to the
documents entitled "Project Litigation Hold Notice" and "Project Appendix A". As a reminder, this Litigation
Hold preservation obligation supersedes any existing statutory or regulatory document retention period or
destructive schedule. The determination of what information may be potentially relevant is based upon
content and substance and generally does not depend on the type of medium in which the information
exists.
The information requested may exist in various forms, including paper records, handwritten notes,
telephone log entries, e-mail, and other electronic communications (including voicemail), word processing
documents (including drafts, spreadsheets, databases, and calendars), telephone logs, electronic
address books, smartphones, Internet usage files, systems manuals, and network access information in
their original format.
All electronically stored information (ESI) should be preserved in its originally created, or "native" format,
along with related metadata. Relevant backup tapes and all indexes for those tapes should also be
preserved. Reasonably accessible information must also be preserved, because such sources will need
to be identified under compelling circumstances, and may need to be produced. If you have any doubts
as to whether specific information is responsive, err on the side of preserving that information.
Tasks
After receiving the Litigation Hold Notice, your next task is to do the following:
1. Document retention policy for your College that complies with all state and Federal
regulations.
2. Litigation Hold Notice similar to the one provided to you in the Project Litigation Hold
Notice handout.
3. Checklist of procedures that must be followed in order to comply with the Litigation Hold
Notice.
4. Summary of all your findings.
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