Electronic Document Guidelines

Since E-Mail is considered discoverable in litigation every school should develop an electronic document policy.

• Create and enforce an electronic document policy. This policy should clearly outline how long an electronic document is kept before it is deleted or overwritten.
  
• Enforce the policy in a uniform way. Do not deviate when faced with litigation.
  
• Create a litigation process for preserving data and documents at the outset of litigation.
  
• Educate employees and emphasize the need for a business approach to e-mail.
  
• Assume e-mail will have to be produced in discovery. Sensitive communications should not take place in this medium.

Credit: NSBA Legal Issues & Education Technology: A School Leader's Guide

DA probes school district's eMail deletion
In a case that raises questions about how long school districts must keep electronic records to avoid litigation, a Madison, Wis., district attorney is investigating whether the local school district’s deletion of certain sensitive eMail messages was legal.
eSchool News 10/01