BLUE RIDGE COMMUNITY AND TECHNICAL COLLEGE BOARD OF GOVERNORS

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1 BLUE RIDGE COMMUNITY AND TECHNICAL COLLEGE BOARD OF GOVERNORS SERIES: 1 General Rules RULE: 17.1 Recrd Retentin Scpe: The purpse f this rule is t establish the systematic review, retentin and destructin f Blue Ridge Cmmunity and Technical Cllege recrds. Authrity: W. Va. Cde 18B-1-6(c)(3), 18B-2A-4, WVCTCS Apprval Date: 4/3/15 Effective Date: 4/3/15 SECTION 1. Applicatin 1.1 This rule prvides fr the systematic review, retentin and destructin f dcuments received r created in the transactin f Blue Ridge Cmmunity & Technical Cllege (BRCTC) business, and is designed t ensure cmpliance with federal and state laws and regulatins, t eliminate accidental r inncent destructin f recrds and t facilitate cllege peratins by prmting efficiency and reducing unnecessary strage f dcuments. These guidelines apply t all recrds f the cllege and t all cllege faculty and staff. BRCTC retains and preserves vital recrds f its business and peratins t preserve an histrical recrd f the cllege, t ensure current and future peratins, and t cmply with its legal bligatins. SECTION 2. Definitins 2.1. Active Recrds. Recrds that are generally referred t nce a mnth r that are needed t supprt the current business activity f an ffice r divisin Dispsitin f Recrds. The terminal treatment f recrds, either thrugh destructin r permanent strage Inactive Recrds. Recrds that have nt been needed fr at least ne year r fr which the active perid has passed Litigatin Hld. A cmmunicatin issued as the result f current r anticipated litigatin, audit, gvernment investigatin r ther similar matter that suspends the nrmal prcess regarding the retentin and dispsitin f cllege recrds Permanent Recrds. Als knwn as archival recrds, permanent recrds have histrical, administrative, r research value t the cllege, which the cllege keeps indefinitely. Area administratrs are respnsible fr ensuring that the cllege identifies these recrds and that they are stred apprpriately nce they becme inactive Recrd. Anything cntaining infrmatin reflecting cllege educatinal and business transactins regardless f frmat (paper, digital, phtgraphic, recrdings, etc.). Typical recrds include fficial publicatins, fiscal data, incming/utging crrespndence including , meeting minutes, reprts, and student files Recrds Custdians. Individuals designated by unit administratrs wh have supervisry authrity ver a particular business practice, and, in that capacity, wh have respnsibility fr ensuring effective implementatin f these guidelines in their area f authrity. See infrmatin n the respnsibilities f Recrds Custdians in Sectin Recrds Destructin. The physical r electrnic destructin f a recrd after it has becme bslete r therwise in accrdance with these guidelines Retentin Perid. Minimum required length f time fr which a cllege ffice r department is 1

2 respnsible fr maintaining recrds. Custdians may hld recrds lnger than the retentin perid if feasible and space allws Retentin Schedules. An internal dcument describing categries f recrds, prviding a length f time they shuld be kept and includes instructins fr dispsitin. State r federal law may determine the perid that certain recrds must be kept. The General Retentin Schedule lists the mst cmmn recrds at the cllege and prvides a retentin perid alng with any special instructins related t dispsal. The schedule may be amended t include recrds nt currently included. SECTION 3. Plicy 3.1. Overview It is the plicy f BRCTC t ensure that its recrds are preserved t prvide dcumentatin f the cllege s histry and t be retained fr the perids f time necessary t satisfy the cllege s business and legal bligatins. The recrds will be dispsed in accrdance with an established recrds retentin and dispsitin schedule. Certain recrds are permanent recrds and may never be destryed A Recrds Custdian will versee the day-t-day transactins related t the ffice s recrds related functins and manage the dispsitin f recrds at the cnclusin f the designated Unless these recrds (bth active and inactive) have been defined as permanent r archival recrds they shuld be destryed accrding t the time perid shwn n the retentin schedule. Inactive recrds shuld be securely stred until the end f the retentin perid Nt all recrds must be retained. The list belw describes items in a typical ffice that are nt classified as recrds and therefre d nt need t be categrized r maintained. These materials may be destryed at any time if they are n lnger needed by the ffice hlding them. These items will nt appear n a retentin schedule: large quantities f duplicate materials and all duplicates f fficial cpies magazines and newspapers nt published by the cllege: published reprts prduced by ther entities purchased data frm ther surces catalgues, jurnals r ther printed matter created by ther entities used fr infrmatinal purpses ntes r wrking papers nce a prject is cmplete, unless they prvide mre cmplete infrmatin than the final reprt sent r received ver the cllege s cmputer system may cnstitute a frm f cllege recrd. While nt all s are business recrds, all cllege s are prperty f the cllege and are subject t discvery in the event f litigatin against the cllege r any f its faculty, staff, r students. Cnsequently, the administratin has the ability and the right t view the f all members f the cllege cmmunity Faculty and staff are nt bligated t retain all s indefinitely; such a plicy wuld clearly impse an impssible burden bth n the cllege cmmunity and n the cllege s cmputer netwrk. Rather, individual emplyees and faculty members are expected t exercise judgment regarding the cntent and purpse f the in determining whether it needs t be retained as a cllege recrd, and, if s, the length f the retentin perid Retentin perids applicable t messages are as fllws: Ordinary s, including rutine cmmunicatins, internal meeting ntices, and cver letters r transmittal memranda, need be retained nly s lng as is necessary t cmplete the actin r reslve the issue that is the subject f the . 2

3 3.3. Litigatin Hlds Administrative dcuments. T the extent that is being used t dcument, either internally r utside the cllege cmmunity, the frmulatin, planning, implementatin, interpretatin r mdificatin f a cllege prgram, plicy r service, any such cnstitutes a cllege recrd and shall be retained in accrdance with the retentin perids set frth in the General Retentin Schedule. s can be retained in the fllwing ways: s can be printed ut and filed and saved as paper dcuments; s can be saved int electrnic archive flders; s can be saved n remvable strage devices. Regardless f the frmat in which the s are saved, the Recrds Custdian fr each ffice r divisin has an bligatin t preserve and safeguard the infrmatin in the as if it were a paper dcument. Once the is saved in anther frmat, hwever, there is n bligatin additinally t retain the in an active flder Where the cllege has actual ntice f litigatin r f a gvernment investigatin r audit, r has reasn t believe that such events are likely t ccur, it has the bligatin t take steps t preserve dcuments that might be implicated in such litigatin r investigatin. In such event, the cllege will take steps t identify all paper and digitally maintained files that may cntain dcuments relevant t the case, including s, and will ntify members f the cllege cmmunity t preserve such dcuments indefinitely. If a faculty r staff member receives such a preservatin ntice, it des nt necessarily mean that they are invlved in the litigatin r investigatin. Rather, it means that the evidence that the cllege is required t preserve may be in the faculty r staff member s pssessin r cntrl, and that the emplyee r faculty member has an bligatin t preserve such infrmatin effective immediately In the event f a litigatin hld, all plicies fr the dispsitin f dcuments must be suspended with respect t thse matters that are the subject f the hld. Electrnic infrmatin shuld be preserved in its riginal electrnic frm n the media n which it is stred. Electrnic infrmatin shuld nt be transferred frm the media n which it is stred t a different media fr the duratin f the litigatin hld unless such transfer is necessary t preserve the integrity f the infrmatin fr the duratin f the hld, and such transfers shuld be made nly after cnsultatin with the IT department t preserve the integrity f the electrnic data. In additin, the faculty and/r staff member that receives the ntice shall similarly preserve any new infrmatin that is generated that may be relevant t the litigatin r investigatin by saving it in a segregated file. A faculty r staff member s failure t preserve dcuments after having received a preservatin ntice can have extremely serius cnsequences fr the cllege. Accrdingly, a failure t cmply with a litigatin hld may subject emplyees t discipline, up t and including terminatin, and will be deemed miscnduct that will subject faculty members t discipline in accrdance with the faculty handbk. SECTION 4. Prcedures 4.1. Essential Functins Recrds Custdians. Each supervisr in a particular ffice r department has the respnsibility fr designating a Recrds Custdian in their ffice r department and ensuring that the Custdian understands and is fllwing the recrds retentin requirements applicable t that particular unit. The supervisr is als required t sign ff n either destructin f dcuments at the cnclusin f their retentin perid r any transfer f recrds t strage. The Recrds Custdian is expected t: understand the recrds created within the department r ffice; fllw these guidelines t make decisins n retentin and dispsitin f recrds and prvide guidance t thers wh are invlved in preparing recrds fr strage; be respnsible fr ensuring that everyne in the ffice is aware f 3

4 these guidelines and fllws them; establish the level f cnfidentiality and security apprpriate t specific types f recrds and help the department r ffice maintain and mnitr cnfidentiality and security Litigatin Hlds. The Head f Human Resurces is respnsible fr ntifying all relevant members f the cllege cmmunity where a litigatin hld is being implemented. He r she will, in cnsultatin with the relevant members f the cllege cmmunity, determine the scpe f the hld, will determine when the hld is n lnger required, and will cmmunicate the lifting f the hld n an as needed basis t members f the cllege cmmunity Accessibility and Safekeeping f Recrds Recrds, especially financial recrds, must be easily retrievable fr examinatin by authrized individuals, including auditrs. Access t electrnic recrds is subject t cllege rules regarding infrmatin security. Recrds Custdians shuld wrk with the IT department t ensure that electrnic dcuments are maintained in a frmat that preserves accessibility The Recrds Custdian is respnsible fr ensuring that active and inactive recrds are secured in a way t prvide apprpriate cnfidentiality and prtectin frm unauthrized inspectin, theft, and/r physical damage Dispsitin f Recrds The Recrds Custdian is respnsible fr peridically determining which cllege recrds in their particular ffice r department have reached the end f their retentin perid and shuld therefre be destryed r transferred t strage The Recrds Custdian s supervisr is required t sign ff n the destructin f dcuments r transfer t strage Nn-cnfidential paper recrds may be placed in cntainers fr recycling. Cnfidential paper recrds must be shredded r ther arrangements must be made fr the dcuments t be destryed The Recrds Custdian shuld cnsult with the IT department regarding the destructin f electrnic dcuments Recrds Destructin Fllwing the established retentin schedule recrds shuld be securely maintained fr the perid f retentin either in the ffice r department where they were created r used. Recrds that have been identified as archival recrds must be permanently retained in a designated strage area Recrds that will nt be listed n a retentin schedule and therefre may be destryed at any time include: material that is nt cnsidered a recrd (see definitin f recrd); duplicates f an fficial cpy which is stred and retained by anther ffice, such as persnnel recrds, financial and budget infrmatin, cpies f infrmatin used in an emplyee search; recrds that have served their purpse and are n lnger needed, such as drafts f reprts; and ntes that have been turned int meeting minutes When there is dubt abut whether a recrd may be destryed, the custdian shall review the retentin schedule r cnsult with the custdian f the fficial cpy f the recrd if ne exists Destructin includes: Recycling generally apprpriate fr all nn-cnfidential paper dcuments, including public dcuments f ther rganizatins, magazines, annual reprts, newsletters, annuncements, and drafts f plicies r ther memranda which are nt cnfidential. 4

5 Shredding using a shredder r shredding service fr all dcuments that shuld nt be read by thers after they are n lnger needed r that cntain persnnel r cnfidential infrmatin. This is essential fr any dcument cntaining persnal infrmatin, infrmatin that is student prtected infrmatin under FERPA, health related infrmatin, r financial infrmatin. SECTION 5. General Retentin Schedule 5.1. This schedule will NOT include all recrds that shuld be n a schedule. The Recrds Custdian s supervisr shuld prvide guidance regarding any federal r state rules when develping a retentin schedule fr recrds nt mentined here This schedule applies t all types f recrds, regardless f media r frmat, including dcuments, , phtgraphs, auditapes, videtapes, CDs, and DVDs. Retentin perids reflect minimum time perids. Recrds may be retained fr lnger perids f time at the discretin f the custdian r as required by legal cunsel. D nt destry any recrds while they are subject t audit, investigatin, r where investigatin is prbable The General Retentin Schedule is maintained in Administrative Prcedure DISTRIBUTION LIST: President Executive Assistant t the President Vice President f Wrkfrce & Engineering Technlgies Vice President f Instructin Vice President f Business and Technlgy Vice President f Enrllment Management Vice President f Human Resurces Chief Financial Officer Vice President f IT Faculty Cuncil Chair Classified Staff Cuncil Chair Student Bard Representative WVCTCS Chancellr Bard f Gvernrs Chair Date President Date 5

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