The University of Akron, as a state of Ohio educational institution, is required to comply with the Ohio Public Records Act (Ohio Revised Code Chapter 149).

Section 149.33(B) of the Ohio Revised Code confers full authority for Boards of Trustees of state supported institutions of higher education to establish and administer a records program for their respective institution. The boards are required to apply efficient and economical management methods to the creation, utilization, maintenance, retention, preservation, and disposition of the records of their respective institutions.

The University of Akron Board of Trustees, per rule [3359-11-11], indicated that the Director of Archival services shall serve as the University Records Officer.

The University adopted the [IUC Records Manual] as its guideline for developing University of Akron policies and practices concerning records retention.

In an effort to provide for a more streamlined approach to public records release and compliance, the Board of Trustees designated another records compliance officer. This person, serving in the Office of General Counsel, gathers the information necessary to comply with a public records request, reviews the documents for appropriate redaction, and releases the information to the requesting party. This individual also assists with the approval of electronic records retention and destruction schedules per University rule 3359-11-11.1

The University of Akron adopted Rule 3359-11-11.1, which governs electronic records retention. In so doing, the University acknowledged that University employees create and maintain an increasing portion of their records using computers. Electronic records must be managed as well as traditional records for the sake of preserving institutional history, to comply with public records requests and court ordered discovery, and to comply with federal and state regulations.

Maintenance and disposal of electronic records, as determined by the content, is the responsibility of the legal custodian and must be in accordance with guidelines established by the university and also in compliance with state and university approved records retention and disposition schedules.

The department head of an office having public records is responsible for ensuring compliance with this policy and with the Ohio public records law. When an employee leaves a department or the university, the department head is responsible for designating a new custodian and ensuring that any public records in the separating employee's possession are properly transferred to the new custodian. The department head is responsible for contacting information technology services to arrange for the transfer of the electronic records to the new custodian before the accounts are scheduled to be deleted.


Work-related e-mail is a university record, and must be treated as such. Each e-mail user must take responsibility for sorting out personal messages from work-related messages and retaining university records as directed in official records retention and disposition schedules. E-mail that does not meet the definition of a public record, e.g., personal e-mail, or junk e-mail, should be deleted from the system.

University e-mail servers are not intended for long-term record retention. E-mail messages and any associated attachment(s) with retention periods greater than three (3) years are to be printed and filed in similar fashion to paper records. It is important to note that the e-mail message should be kept with the attachment(s). The printed copy of the e-mail must contain the following header information:

(a) Who sent the message.
(b) Who received the message.
(c) Date and time of message.
(d) Subject of the message.


When litigation against the university or its employees is filed or threatened, the law imposes a duty upon the university to preserve all documents and records that pertain to the issues. As soon as the office of general counsel becomes aware of pending or threatened litigation, a litigation hold directive will be issued to the legal custodians. The litigation hold directive overrides any records retention schedule that may have otherwise called for the transfer, disposal or destruction of the relevant documents, until the hold has been cleared by the office of general counsel. E-mail and computer accounts of separated employees that have been placed on a litigation hold by the office of general counsel will be maintained by information technology services until the hold is released.
No employee, who has been notified by the office of general counsel of a litigation hold, may alter or delete an electronic record that falls within the scope of that hold. Violation of the hold may subject the individual to disciplinary action, up to and including dismissal, as well as personal liability for civil and/or criminal sanctions by the courts or law enforcement agencies.

Approval of records retention and destruction schedules should be sent to the university records compliance officer per O. A. C. 3359-07-01.1. All other (non-electronic) records shall continue to be managed pursuant to O. A. C. 3359-11-11.


Questions about this information or the polices referenced should be addressed to the Office of General Counsel.