Transcription

1 Documentation and Electronic Communications

2 Part I. Proactive Record- Keeping

3 We live in a litigious era, and sloppy record-keeping is an invitation to litigation.

4 Good record-keeping demonstrates your professionalism and wards off trouble.

5 Over 90% of workplace communications are now electronic.

6 has become a very Attractive communication choice, but it is not always: appropriate confidential secure

7 "IMs and employee s have become an attorney's first legal line of offense or, or, in some cases, defense for for workplace Lawsuits. epolicy Institute, Columbus, Ohio and The American Management Association.

8 The poll earlier this year of 840 U.S. companies found that one in five has either received subpoenas for employee or has used to defend the company against allegations of sexual, racial or other discrimination claims.

9 That is a dramatic increase from two years before, when one in 10 companies faced a lawsuit because of practices.

10 Today, and instant messaging are the electronic equivalent of DNA evidence." Nancy Flynn, Executive Director of epolicy Institute

11 Electronic Discovery and Evidence: E- Mail contains a host of summaries and links to articles on archiving, legal ramifications, and etc.

12 This environment requires the creation of: file folders electronic backup notes

13 This electronic environment also requires understanding of: FERPA and HIPAA constraints t Institutional access Institutional policies

14 Good intentions, ti common sense, or innocent mistakes do not mitigate privacy violations. Most FERPA violations by faculty and staff are unintentional. Nonetheless, it is the responsibility of the school to prevent violations, and intent is not a defense. Judy Hinnekamp, Assoc. Registrar, U. of Minnesota

15 Just FYI on FERPA violations An official roster cannot be passed around a class room for registration confirmation. Performance indicators of any kind even positive cannot be disclosed without advance written permission.

16 More FERPA Violations Advance written-and and-signed authorization must be obtained if a student wishes to be advised by e- mail. This authorization must include a statement that the student assumes all implicit risks such as inappropriate interception of the .

17 Notification of grades via e- mail is in violation of FERPA!

18 A hidden FERPA danger is the passive release of information through: Information visible on your desk A screen left open on your computer Where a monitor is placed in relation to doors and windows

19 Institutional tional Access Your employer owns your and has legal access to all and everything else save what is locked in a desk drawer ( sole possession records ).

20 Proactive record-keeping archiving i archiving presumes that your documentation will end up in court.

21 Archiving provides your institution and more important, you! with a layer of insulation.

22 " archiving is suddenly a priority motivated by rising volume, regulatory pressures and the threat of litigation to set policies and find effective technology.

23 A recent poll of 1,018 companies of All sizes by Kahn Consulting, Inc. in Georgia revealed that 84% of respondents said they used for forward-looking business planning

24 but only 37% said they managed relative to its content. t

25 Here and on the horizon: High-tech encryption Electronic signatures Self-destructing

26 In the meantime Create an folder for every course. Respond to each student e- mail promptly. Timeliness is now a legal issue. In a red-flag situation, BCC your reply to your supervisor.

27 This BCC option can provide an additional layer of preemptive documentation.

28 Immediately store the student in the course file after replying. py

29 What can go wrong? Message is sent to wrong person. Wrong copy of message is sent. Message is copied, rewritten, and/or forwarded.

30 Soft copy is more difficult to manage than hard copy, but it offers opportunities.

31 What opportunities? 1. Better use of office time 2. More one-on-one contact with students 3. Control 4. Legal protection

32 can be a very useful tool that provides you with a layer of insulation so long as you archive.

33 Communicating through writing=control. You set the tone. There is no question of he said/she said. Protection is provided for you, your institution, and also the students.