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Student Information
– 75 Year Restriction

75 Year Restrictions

Student Information / Education Records

Under FERPA, "education records" include all records, in all tangible formats (print, electronic, visual, etc.) that are directly related to currently or formerly enrolled students and are maintained by an academic institution. MIT distinguishes between two types of educational records, "student information" and "directory information."

Instructions

• 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
Admission information for students accepted by and enrolled at MIT Biographical information including: date and place of birth gender nationality information about race and ethnicity identification photographs Transcripts Grades, test scores, courses taken, academic specialization and activities, and official communications Course work

, including papers and exams

Communications that are part of the academic process between a student

/

and teaching staff or

student /

classmates UROP and

other

internship program records Students’ financial records Disciplinary records Letters of recommendation Tenure opinions after graduation Student/Faculty Advisor folders

Committee on Discipline records Department records UROP records Faculty personal papers Dean Undergraduate Education records Dean Graduate School records Offices with disciplinary and counseling responsibilities records

Personnel Records
– 75 Year Restriction

 

Retain, but only

Info
title Additional Resources on Student Records
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  a.k.a. “Buckley Amendment”  Archives record schedules: “Record” copy and permanent record schedule
Card
id personnel label Personnel class access-cards

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Personnel Records 

Instructions

• Determine if it is the record copy
  • If yes, and designated as a permanent record

• • , retain
  • If

• • no, destroy (shred)

• Redact any names in ArchivesSpace

Patient Records / Humans as Research Subjects

MIT Medical Health Plan manages its own set of patient records. However, the definition of “patient” records can be interpreted more broadly, and these types of records relating to research experiments may be included either in papers of faculty heading research projects, or in the administrative collection of a lab. Federal and state laws apply to patient and medical records.

Instructions

• Determine what kind of record it is.
  • Is it the record copy?
  • Are there laws regarding retention?
  • What are MIT needs?

• Speak with Archivist for Collections on final decisions for appraisal.

• Restrict any names in ArchivesSpace

Donor And Gifts Records

Individuals, foundations, and businesses are routinely approached by the Resource Development staff at MIT who are seeking “gifts” or financial donations. Any preliminary interaction of this nature between MIT staff and an outside party is restricted because of privacy concerns. As donations are actually made, information may turn up in records of departments, building or planning records, as well as in the more usual places—records of the Resource Development Office, records of the President, records of the Chairman of the Corporation. In particular, note if individual names are on lists.

Instructions

• Appraise
  • if permanent: Retain and mark for restrictions.
  • if not: Destroy (shred)
• Restrict names on container lists.

Personally Identifiable Information (PII) / Personal Information Requiring Notification (PIRN)

PIRN is an MIT acronym, which is currently equivalent to “personal information” under MA 201 CMR §17, and is defined in the WISP as a person's first name and last name or first initial and last name in combination with any one or more of the following data elements that relate to such a person: Social Security number (SSN), driver’s license number/state issued ID number, financial account number, or debit/credit card number.

Instructions

• Appraise. 
  • If permanent, mark for restrictions and retain.
  • If not: Consult gift agreement (if MC collection) and deaccession accordingly

50 Year Restrictions

MIT Corporation Records

Records created by MIT's Corporation are restricted for 50 years. The President, Secretary, and Treasurer are ex-officio members of the Corporation and its Executive Committee. The Provost and the Executive Vice President also attend the Corporation Executive Committee meetings. Collections created in the Office of the Treasurer, Office of the President, Office of the Provost, Office of the Executive Vice President are likely to contain some Corporation activity folders, and need to be checked for the 50 year restriction. The Corporation appoints also visiting committees for each department and for certain of the other major activities of the Institute. Reports of the visiting committees may also be found in the records of Deans and Departments.

Summations of MIT Corporation activities or Visiting Committee reports (such as within the meeting minutes of the Academic Council) follow the access policy for the records which they are contained.

Instructions

• Determine if it is the record copy

  • If yes, mark for restrictions, especially when within another collection.

  • If not, speak with Associate Head for Collections on retaining or not.

20 Year Restriction

Institute records that have been transferred to the Department of Distinctive Collections are typically closed for a period of 20 years from the date of their creation. The exception is Institute records that were published by their creator(s) (e.g. press releases, speeches, public websites), which are open for research immediately.

It Depends!

Legal Records

Depending on the type of legal record, restriction times may vary. 

Open: Public Documents

Legal Records

• • 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)

Work Product -

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 Restriction

Materials

• 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
Environmental and Health Safety (EHS) records Court cases Gifts Property records Corporate relations files	Office of Insurance and Legal Affairs records Safety Office records Treasurer's Office records Real Estate Office records Industrial Liaison Office records Office of Corporate Relations records

 

Tip
Law firms used by MIT include Palmer and Dodge

and Herrick and Smith

 

. Correspondence with these firms is likely to be restricted.

Info
title Additional Resources on Legal Records
MIT. Policies and Procedures Manual

 

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Card
label Donor and Gifts Records class access-cards
Donor And Gifts Records – 75 Year Restriction Appraise, if permanent, restrict. Restrict names on container lists. Examples Likely Locations Alumni/ae donor prospects Fundraising campaign records, “campaign-giving” Business donors, corporate sponsors Correspondence Gifts Endowed professorships Corporation Development Committee records Treasurer’s Office records Vice President for Resource Development records Office of Resource Development records Alumni/ Alumnae Association records Department records Office of the President records Office of the Chairman of the Corporation records Office of Corporate Relations records Planning Office records