Legal & Regulatory | Records Retention | BYU-Idaho

# Legal & Regulatory

This function pertains to all legal and regulatory matters of the office.

Records associated with doing legal research and analysis and then providing legal advice to university entities. Records may include research, analysis, and legal advice. 
 
Applies exclusively to Legal Counsel. Record copy held with Legal Counsel. 
 
Permanent 
 
Permanent in Office

Records associated with the unit's response to internal management, operations, and fiscal audits. Records may include audit work papers, plans, stewardship reviews, Internal Audit Manual/Procedures, and other associated records and correspondence. 
 
Completion of Activity 
 
4 years 
 
Destroy

Records associated with completed reports resulting from units' responses to internal management, operations, and fiscal audits. Records include audit reports and risk management committee minutes. 
 
Defalcation and loss work files keep 100 year then destroy. 
 
Completion of Activity 
 
7 years 
 
Permanent Holdings

Records related to and supporting legal compliance with regulatory and statutory requirements. 
 
Inactive 
 
30 years 
 
Destroy

Records created in response to a claim that is filed against a university entity. Records may include initial report and claim forms, response documents, financial information, etc. 
 
Generally applies to Financial Services, Human Resources, and the Safety Office. Record copy of claims documents held with these offices. 
 
Completion of Activity 
 
10 years 
 
Destroy

Records that document agreements that create a legal obligation, enforceable by law, between the university and another party, and records that create agreements between the University and another party. 
 
Contracts that secure intellectual property rights, or that are important to the operation of the University should be retained permanently. 
 
Expiration of contract or agreement 
 
7 years 
 
Destroy

Records associated with registering, securing, getting permission, or granting permission for the use of intellectual property, including contracts. Records may include copyright and trademark registrations, patents, permits, permission requests, permission grants, permission denied, and use agreements. 
 
Permanent 
 
Permanent in Office

Records related to litigating a case that cannot be resolved by other means. Records may include claims, grievances, litigation hold notices, affidavits, legal research, depositions, evidence, judgments for or against. 
 
Only precedent setting cases should be retained permanently. A litigation hold notice that requires the preservation of records longer than otherwise required governs over this schedule or any similar disposition schedule. 
 
Inactive 
 
0 years 
 
Destroy

Records related to and supporting research and analysis. 
 
Inactive 
 
3 years 
 
Destroy

Records associated with requests for and approval of travel by employees of the institution or the agency. Records may include out-of-state travel authorization forms, travel itineraries, travel advance forms, travel reimbursement requests (employee and non-employee), receipts, approval memos, vehicle mileage reporting records, memos in place of itemized receipt, affidavits of lost receipt memos, authorizing signatures, airfare documentation and related documentation and correspondence. 
 
Inactive 
 
6 years 
 
Destroy

Records document the release of the institution or administrative unit from liability related to various activities involving students, faculty, or staff, but where no incident occurred during activity. Waivers are required to be completed for participants involved in non-required travel and activities where there is potential risk to the participant. Information includes a statement from the participant that he/she assumes personal responsibility and holds the institution or administrative unit blameless for any accident or injury that may occur while participating, information about college insurance, description of the activity, and signatures of the participant. 
 
A basic template is available from Financial Services. Forms not provided by Financial Services should be reviewed by Financial Services and/or Legal Counsel prior to use. 
 
End of Calendar Year 
 
2 years 
 
Destroy

Records document the release of the institution or administrative unit from liability related to various activities involving students, faculty, or staff where incident occurred during activity. Waivers are required to be completed for participants involved in non-required travel and activities where there is potential risk to the participant. Information includes a statement from the participant that he/she assumes personal responsibility and holds the institution or administrative unit blameless for any accident or injury that may occur while participating, information about college insurance, description of the activity, and signatures of the participant. 
 
A basic template is available from Financial Services. Forms not provided by Financial Services should be reviewed by Financial Services and/or Legal Counsel prior to use. 
 
End of Calendar Year 
 
5 years 
 
Destroy