Introduction

Each year, colleges and universities generate thousands of records that document institutional decisions and capture key elements of the academic enterprise. But what should be done with all these records?

In a previous blog post, I discussed the importance of record maintenance and confidentiality. This post offers practical guidelines for record retention. While most institutions have official retention policies, these are often inconsistently applied—especially in the face of frequent staff turnover. As a result, valuable documents may be lost, misfiled, or discarded due to storage limitations.

This summary presents practical suggestions to help preserve essential institutional documents and responsibly discard the rest. It also emphasizes the importance of managing electronic communications and recordings, which increasingly form part of the institutional record. Although open meetings and public records laws provide some guidance, many records not explicitly governed by these laws still require thoughtful management and protection.

1. Retention of Records

• General Contracts: Most contracts can be discarded six years after expiration, unless otherwise specified.
• Exceptions: Real estate documents, records of inventions or intellectual property, trust and estate documents, gift agreements, and significant correspondence should be retained much longer—sometimes indefinitely.
• Policy Development: Work with the institution’s archivist to establish a records retention policy. This ensures critical documents, including those reflecting major decisions and leadership milestones, are properly preserved.
• Standard Business Records: Unless specified, these may generally be destroyed one year after the end of the relevant contract.
• Employment Records: These should be retained longer than standard business documents, as they often hold ongoing relevance.

2. Notes, Calendars, and Diaries

• These items are typically created for personal use and are not considered formal institutional records.  Once no longer needed, they should be destroyed.
• However, in some instances, calendars or diaries can help reconstruct the rationale behind a decision or event and may be worth retaining temporarily.

3. Electronic Records

• Legal Implications: Electronic records, especially emails, are often subject to discovery in legal proceedings—even if “deleted.” Backup systems can retain copies far longer than expected.
• Professional Use: Think of institutional email as a public file cabinet in the middle of the quadrangle—if you wouldn’t place a document in an open drawer, don’t put it in an email.
• Server Access: Institutional IT departments have access to all server-stored data. Avoid putting your personal materials on institutional servers.
• Personal Content: Do not use institutional email for sharing jokes, memes, or inappropriate material—such content may have serious legal consequences.
• Recommendation: Use a personal email address for personal communication and direct friends and family to use your personal email for personal communications.

4. Recordings

• Recording devices are ubiquitous—assume all phone and Zoom conversations may be recorded, irrespective of whether you are in a one party or two-party consent state.
• This is especially relevant in situations involving conflict or complaints, where individuals may be inclined to record without notice.

5. Notes to the File

• To document verbal decisions or informal discussions, consider writing a “note to the file” and saving it with related documents.
• Contemporaneous documentation (written at the time of the event) carries more credibility in legal or official reviews than retrospective notes.

Although the checklist is general and intended as a reminder, it provides you with information to help ensure institutional compliance and reduce risk. I hope you find the checklist helpful. And I welcome your feedback, so please let me know what I can do to strengthen this document.  Please be sure to consult with your legal counsel on matters requiring legal advice.

You can reach me at [email protected]