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NDUS Procedures

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SUBJECT: 1900s: Miscellaneous EFFECTIVE: September 13, 2017
Section: 1912 Litigation Hold

  1. A litigation hold may impact the NDUS' established records management program, requiring certain documents and electronic information to be retained for longer periods of time, sometimes indefinitely, in an unaltered form. When applying a litigation hold, the NDUS and its institutions shall:

    1. Arrange for the appropriate individual (the Chancellor, institution President, department head, assistant attorney general) to send a written notice to employees at all applicable organizational levels specifying the documents and other materials as to which diligent efforts should be made to preserve and the method and places of preservation.

    2. Notify the appropriate IT personnel of steps needed to preserve electronic data, such as halting routine deletion of email, halting automatic updates or cleaning of computers, preserving backup tapes beyond the routine write-over cycle, or transferring certain electronic data to a dedicated server.

    3. Determine how to monitor compliance with the litigation hold notice by periodically checking back with affected management and staff.

    4. Determine how to keep a written record of steps taken to preserve documents, electronic information, and other materials to demonstrate compliance with the duty to preserve potential evidence.

    5. If needed, determine who will assist in reviewing documents for production and assertion of privileges.

    6. Create an official process of notifying affected staff when the litigation hold has been cancelled or removed.

Reference: SBHE Policy - 1912  

New Procedure. Chancellor Approved, September 13, 2017
Bismarck State CollegeDakota College at BottineauDickinson State UniversityLake Region State CollegeMayville State UniversityMinot State UniversityNorth Dakota State College of ScienceNorth Dakota State UniversityUniversity of North DakotaValley City State UniversityWilliston State College
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