Legal and Compliance

Email and Document Destruction FAQ

How do I know what emails are “no longer needed” and need to be deleted?  

Retention requirements are related to the type of communication or document, not how it was sent (mail, electronic, etc.) or how it is being stored (email inbox, secure storage location, etc.).  

Whether an email should be kept, and for how long depends on its business purpose and whether it may have lasting legal, financial, or historical value to EVMS. However, some communications or documents only have temporary value and can be deleted once they have served their purpose (unless they are subject to an exception as outlined in #3 below). Examples of temporary communications or documents include:

• Drafts
• Duplicates
• Past meeting requests or reminders
• Emails that transmit an attachment without any other substantive information (note the attachment should be saved as appropriate)
• EVMS News blasts, campus event information, other newsletters 
• Unsolicited sales or informational emails from outside of EVMS
• Emails that answer a specific question, contain generic information, or contain links or reports from another database or website(e.g., office hours, how to apply to a program, explain where to find a process or policy, reports generated from a system in use)  
• Casual communications between employees 
• Personal emails not related to EVMS business

I want to clean my emails, electronic documents, AND physical files.   Where can I find guidance about what can be deleted or destroyed?     

For EVMS Medical Group records, please consult the EVMS Medical Group’s Handling PHI:  Collection, Storage, Transmission, and Disposal Policy. For administrative records (finance, human resources, student records) please see the EVMS records retention schedules. Please use the Library of Virginia retention and disposition of state and local public records schedules for anything outside of those records. Detailed information about the destruction of public records (including the Library of Virginia schedules) can be found on these sites:  

• ODU Records Management 
• UVA Records Retention Schedule Database (searchable by type of record)

If you are destroying paper files, you must also complete the EVMS Records Disposition Request Form. Most paper files must be destroyed securely; departments are responsible for shredding costs. EVMS’ current rate agreement for shredding is here. 

Are there any emails or documents that cannot be deleted or destroyed?   

Yes!  A litigation/legal hold directive from EVMS General Counsel’s office overrides the “no longer needed” guidance in #1 above and any records retention guidance that calls for the transfer, disposal, or destruction of relevant documents.  You must hold those records until General Counsel has cleared the hold. In addition, if you are currently part of an active administrative, research, or other investigation, whether as a complainant, respondent, or witness, please do not delete any evidence related to such investigation. 

What if I have additional questions?

We understand that navigating record destruction can be daunting, and if you have been storing records for many years, it can feel overwhelming. If you have read all the guidance above and are still not sure where or how to get started, are unable to find a retention schedule that matches the document you would like to destroy, or have a question about a litigation/legal hold, please email the Office of the General Counsel, OGC@evms.edu.

Questions about patient/clinical records should be directed to Leanne Smith, smithlf@evms.edu, or Shana Hollowell, hollowsa@evms.edu.