Rollins College Policy for the Preservation of Electronically Stored Information

Parties to a lawsuit have always been required to preserve and produce “evidence” that was relevant to the claims in that lawsuit. In the past, such requirements meant that paper documents were to be maintained. Now, courts recognize that evidence also includes “electronically stored information” (“ESI”). As a result, when a legal claim is filed against Rollins College, either in court or with an administrative enforcement agency, or when such a claim is reasonably anticipated, the College and its employees are obligated to preserve electronically stored information as well as all other traditionally preserved information that may be relevant to that claim (“information”). Similar obligations arise when the College receives a subpoena for information, even though the College may not be a party to the lawsuit. Failure to preserve such evidence may result in sanctions and liability imposed on both the College and those employees who fail to take appropriate steps to preserve evidence.