Steps to follow before a Litigation Hold is necessary:
1. Have a records management/retention policy in place beforehand
2. Name a records custodian
3. Educate personnel about the records policy and about litigation holds
4. Be able to document compliance with the records policy
Steps to Implement a Litigation Hold:
1. Consult with legal counsel on specifics
2. Suspend all records destruction, including automated deletions, by written notice to all relevant departments/employees/agents (contact IT)
3. Create a Team made up of legal counsel, administrator, and IT personnel
4. Prepare a data map:
a. Identify who may have documents and information
b. Identify all various ways the information is kept (electronic, computer, CDs, zip disks, cell phone, emails, email attachments, voice mail, backup files, home computers, etc).
c. Identify all documents and information kept by the District, employees, and third-party vendors
5. Catalogue the information
6. Clone hard drives of any computers assigned to individuals who may be key to litigation
7. Regularly monitor the status of the litigation hold
Prepared by: Zukowski Law Offices, © 2009
Note: These general suggestions are for general informational purposes only and should not be regarded as a substitute for specific legal advice to your District. Instead, administrators should consult with legal counsel whenever any question arises as to the District’s responsibility or the rights of any parent or student.