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75 Year Restrictions
Student Information
– 75 Year Restriction
(FERPA refers to these as Education Records)
Retain and restrict, but only if it is the record copy and designated as a permanent record.
Remove student papers, grades, and examinations with student names.
Remove and destroy letters of recommendation, except from faculty papers collections.
Examples | Likely Locations |
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Registrar’s Office: Records privacy & access MIT Policies & Procedures: Section 11.3 Privacy of Student Records Disciplinary records: MIT Committee on Discipline FERPA (Family Educational Rights and Privacy Act) a.k.a. “Buckley Amendment” Archives record schedules: “Record” copy and permanent record schedule |
Personnel Records
– 75 Year Restriction
Retain, but only if it is the record copy and designated as a permanent record.
Restrict names on container lists.
If not a record copy, destroy (shred).
Examples | Likely Locations |
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MIT Human Resources: Guidelines for Retaining Personnel Files MIT Policies and Procedures Manual Archives record schedules: “Record” copy and permanent record schedule |
MIT Corporation Records
– 50 Year Restriction
Is it the record copy?
If record copy, mark for restrictions, especially when within another collection.
If not, speak with Associate Head for Collections on retaining or not.
Examples
Likely Locations
Presidential search committee records
Fundraising records
Visiting committee records
Minutes of meetings
High level planning records
Standing committees of the Corporation
Executive
Membership
Investment
Development
Annual committees
Auditing
Corporation Joint Committee on Institute-Wide Affairs (CJAC)
Presidential search committees
Visiting committees
Chairman of the Corporation
Vice-President and Secretary of the Corporation
President
Treasurer
Executive Vice President
Department and units’ visiting committee records
Medical, Experiment Records
– 75 Year Restriction
Determine what kind of record it is.
- Is it the record copy?
- Are there laws regarding retention?
- What are MIT needs?
Restrict names on lists. Speak with Archivist for Collections on final decisions.
Examples | Likely Locations |
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MIT Policies & Procedures: Section 14.3 Research on Human Subjects COUHES (Committee on the Use of Humans as Experimental Subjects) COUHES: HIPAA Guidance Document Massachusetts state law (MGL ch.111, s. 70) U.S. law –CFR section 45 Code of Federal Regulations Archives record schedules: “Record” copy and permanent record schedule |
Legal Records
– It Depends!
Donor And Gifts Records
Appraise, if permanent, restrict.
Restrict names on container lists.
Examples | Likely Locations |
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50 Year Restrictions
MIT Corporation Records
Is it the record copy?
If record copy, mark for restrictions, especially when within another collection.
If not, speak with Associate Head for Collections on retaining or not.
Examples | Likely Locations |
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It Depends!
Legal Records
Depending on the type of legal record, restriction times may vary.
Open
Most court records (briefs, transcripts, exhibits, opinions, etc.) If the document was published in court, it’s probably open, but keep an eye out for the following:
records sealed by the court (these will usually have a stamp that says "sealed" or "confidential")
settlement negotiations
exhibits that reveal personal information (e.g. the name of a client who was represented anonymously)
Media coverage about a case (press releases, news clippings)
20 Year Restriction: Work Product Materials
- Drafts of briefs or other court documents
Correspondence and memoranda, e.g. with cooperating attorneys discussing strategy or other issues related to the case (just make sure it does not contain private information from the client)
- Other materials prepared for a case, such as notes on related cases, research papers/memos, etc.
75 Year Restriction: Attorney-Client Privilege
- 75 Year RestrictionMaterials
- Correspondence and other methods of information-sharing with the client, unless it is routine or explicitly non-confidential
- Correspondence between cooperating attorneys if it includes private information from/about the client
- Correspondence with the court or with attorneys on the opposite side of the case that recounts information from the client not revealed in court or that discusses settlement
Examples | Likely Locations |
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Law firms used by MIT include Palmer and Dodge and Herrick and Smith. Correspondence with these firms is likely to be restricted. |
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Donor And Gifts Records
– 75 Year Restriction
Appraise, if permanent, restrict.
Restrict names on container lists.
Examples | Likely Locations |
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