And now: Football!

deflate1It is not really much of a secret that I am not a fan of New England Patriots QB Tom Brady.  Those of you who follow this blog and are also fans of American Football (I am sure at least some of you exist) are undoubtedly aware of the #deflategate fracas surrounding the Patriots’ game vs. the Indianapolis Colts during last season’s playoffs. (For those of you who weren’t, the TL;DR version: The Patriots were accused playing with underinflated balls, which makes them easier to handle and catch and makes a material difference because each team brings its own balls to games.) An investigation ensued, the NFL released a report indicating that it was “more probable than not” that the balls were deflated on purpose and with Brady’s knowledge, and yesterday Mr. Brady was suspended without pay for 4 games for the 2015 season due to his role in the affair. I may or may not have declared myself “the happiest boy in the world” to my wife last night upon hearing this news.

But this post is not about Brady Schadenfreude! (Well, *mostly* not.) It is about the following nugget from the NFL’s official statement about the case:

Another important consideration identified in the Policy is ‘the extent to which the club and relevant individuals cooperated with the investigation.’ The Wells report identifies two significant failures in this respect. The first involves the refusal by the club’s attorneys to make Mr. McNally available for an additional interview, despite numerous requests by Mr. Wells and a cautionary note in writing of the club’s obligation to cooperate in the investigation. The second was the failure of Tom Brady to produce any electronic evidence (emails, texts, etc.), despite being offered extraordinary safeguards by the investigators to protect unrelated personal information. Although we do not hold the club directly responsible for Mr. Brady’s refusal to cooperate, it remains significant that the quarterback of the team failed to cooperate fully with the investigation.

It’s a records management issue (Sort of)! I really am the happiest boy in the world. Tom Brady was asked to turn over electronic documents to help the NFL determine his responsibility in this matter, he refused to do so, and the NFL factored that in to his eventual punishment. Does that sound like sanctions for spoliation to anyone else? It sure does to me.

Now, a few caveats here: The proceedings were part of a conduct investigation strictly internal to the NFL, rather than a civil or criminal suit in open court. There was likely no formal discovery request, no “meet-and-confer” requirement, and the “Safe Harbor” rule probably wouldn’t have applied to (or protected) Brady in this case. But in its effects, this is basically the same– because Brady was unwilling to produce evidence as requested by the NFL, the investigating body made an assumption that the missing evidence would be materially harmful to his case, and altered the punishment accordingly. It was “a culpable failure to preserve and produce relevant electronically stored information, and [presented] a reasonable probability that the loss of the evidence has materially prejudiced the adverse party” , which the Sedona Principles explicitly calls out as reasons for courts to consider spoliation sanctions.

The upshot of all of this: when you’re talking to your “front line” employees, name-dropping Zubulake and the Sedona Conference isn’t going to mean much to them in terms of legal responsibilities to produce electronically stored information and/or destroy records according to defined retention schedules. Name dropping Tom Brady, on the other hand, may be another story. “Tom Brady’s punishment was made more severe by his failure to cough up emails and text” seems likely to at least get their attention, and lets you draw direct connections to the records they are producing and maintaining for your organization.

Yes, it’s true that the “sanction” in this case is based on the NFL’s internal judgment rather than the Federal Rules of Evidence, and so the parallel isn’t exact. If your employees know enough to point this out, a) I’m impressed, and b) you do need to have an explanation of how the law re: their public records and/or discovery responsibilities differ. That said, I won’t tell if you won’t.

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Archiving Transparency and Accountability: Step 3 to Information Literacy

After the first semester that a new course is taught, I have noticed teachers asking each other for a copy of their lesson plans for that course, if they survived a semester teaching it.   This echoes the cries of the United States educational system wanting a miracle teaching method that could be used in any subject for any course for any student’s educational level.  This is the same for information professionals.  They are teachers who are using the same steps to archive, manage records, and perform reference services to help customers gain access to the information housed in various institutions and organizations throughout the world.  Everyone wants the transparency on how to find that information.  Basically, this is the transparency of how we have done are jobs to provide access to this information.

Through my series of steps to information literacy, I have found that the memory is a great place to store how we do our duties but what if others could benefit from knowing “how” we did it?  This goes back to wondering if your clients remember how to use your search tools to access the information stored at their educational institution or other type of organization.  I created a virtual assistant to review with clients the search methods that were covered face to face.  ELA, my Electronic Library Assistant, travels to the clients’ offices, homes, and classrooms, to review those searching methods with them 24/7.  So, it is like me “traveling” with them to help them “tinker” with the methods we discussed before and then “talk” about Step3other ways that they could search on their own through the Three T’s method.

ELA has been found to be very compatible with the customers’ computer skills since they could manage to always keep communications with family, fellow classmates/employees, and friends through their smart phones, tablets, and laptops.  I created a virtual teaching assistant in a blended-animated flipped classroom environment that would incorporate the technology that the customers held dear and allowed them to keep a constant flow of customer engagement inside and outside of their workplaces.  Through this virtual environment, a video archive is created that customers could go back to anytime and anywhere with lessons based upon what I had experienced with them and/or other customers (no customer names are stored).  The teaching methods are stored for continual viewing.

Any archivist, records manager, or other type of information professional, can do this for accountability and transparency of their work to be shown to their customers and departments.  If you are interested in finding out more about it, I will be giving a webinar, for Innovative Educators, Wednesday, March 4, 2015, on how to create accountability and transparency in your job through a virtual teaching assistant.  Information professionals and administrators are shown how to make a virtual teaching assistant and how to incorporate it into their presentations through GoAnimate.com, Screencast.com, and Camtasia.

Stay tuned for more adventures in information literacy.

Read more about ELA:

Editor’s Note – this article first published in Computer Savviness – and republished with the author’s permission.

The Records Manager Newsletter Fall issue is Ready for your Reading Pleasure….

Dear RMRT Members:
You can retrieve the current issue of the newsletter at  https://www.scribd.com/doc/244878495/The-Records-Manager-Newsletter-Fall-2014
Here are the Highlights from the Fall 2014 issue of The Records Manager, newsletter of the SAA Records Management Roundtable:

In this issue, our chair, Beth Cron discusses how RMRT will help the members through Google Hangouts and other projects centered around records management topics.

Our new RMRT Steering Committee Members share their Long-Term and Short-Term goals during their term.

Jennifer Mundy, one of our RMRT Steering Committee members, announces the new format that the RMRT membership has voted on for the RMRT newsletter, The Records Manager.

Enjoy the Fall 2014 issue of The Records Manager.

Please remember that the RMRT website can be found at http://www2.archivists.org/groups/records-management-roundtable

The newsletter archives can be found at http://www2.archivists.org/groups/records-management-roundtable/the-records-manager-newslette

Best,
Lorette Weldon

Newsletter Editor, The Records Manager (http://www2.archivists.org/groups/records-management-roundtable/the-records-manager-newsletter)

Stay Connected, My Friends

ARMA’s 2013 Conference is happening as we speak (you can follow proceedings ongoing on twitter at #ARMA2013), and someone apparently had a little fun with promotional videos for the association this year.  You can show this to your non-RM friends when they ask what it is you do all day. (Admittedly, you may have to add a small disclaimer.)

Letting Go of Comprehensiveness

When I interviewed for my current position of Records Management Archivist about 16 months ago, I was asked to present my vision for a records management program in a “modern university.” Although I stand by that vision and believe we are making good progress toward most of the ideals I enumerated in that presentation, there is one that leaps out to me today as particularly naïve:

“Records management services are integrated into and actively support the operations of all records-producing offices, departments and groups.”

Through this characteristic, I was attempting to encompass both the ideal of comprehensiveness and the value of records management to the daily activities of the campus. It is the former of these, comprehensiveness, which now feels the least realistic of all my stated goals. In fact, I would go so far as to say that I have nearly abandoned it in favor of a strategically limited approach that, while it makes sense for my context, I have struggled to find support or guidance for in the records management literature. Continue reading “Letting Go of Comprehensiveness”