Retention of Documents
All records will be retained for at least as long as the respondent and/or the complainant(s) are members of the university community.
For undergraduate, graduate and professional students found responsible for violating the Sexual Misconduct Policy, violations will lead to disciplinary record being created and retained as follows:
- Any disciplinary violation that leads to sanctions less severe than disciplinary probation (including undergraduate, graduate and professional programs) will be retained only to be factored into any subsequent disciplinary violations. Such violations will be considered non-reportable to other higher education institutions or agencies seeking information about student disciplinary records.
- Any disciplinary violation that leads to disciplinary probation or university separation will be retained for eight years from the date of the incident or from the date of completion of all studies at the university (including undergraduate, graduate and professional programs); whichever is later, and is reportable to higher education institutions or agencies seeking information about student disciplinary records.
- Any disciplinary policy violation that leads to a sanction of university expulsion will be retained with the university permanently and is reportable to other higher education institutions or agencies seeking information about student disciplinary records.
- In cases where a student is alleged to have violated a policy but is found not responsible, a record will be retained but will be considered non-reportable to other higher education institutions or agencies seeking information about student disciplinary records.
For faculty and staff, records will be kept for at least six (6) years after the matter is closed and after the individuals are no longer members of the University community. Records will be kept in a confidential and secure location and only made available to the Title IX Coordinator, Designated Reporting Representative(s), other appropriate university officials, or other authorized individuals as determined by law. In determining when it is appropriate to make available records regarding informal and formal complaints, the following provisions will apply:
Information about all informal complaints will be kept on file in the Office of Title IX, and in a confidential file in the appropriate dean’s and/or department chair’s and/or supervisor’s office when such dean/chair/supervisor is notified of the informal complaint to ensure that the university is maintaining records of those individuals about whom multiple informal complaints have been made and/or to enforce the informal resolution. Information concerning informal sexual misconduct complaints will not be considered in processes concerning future university misconduct unless the matter involves an allegation of sexual misconduct.
If the respondent is found to have violated the sexual misconduct policy, a copy of the decision letter will be retained in the individual’s official university file. If a future complaint of sexual misconduct is referred to a formal process, information regarding the previous sexual misconduct complaint(s) may be considered by the panel.
In the event that the respondent is involved in and found responsible for other university violations unrelated to sexual misconduct, information about formal sexual misconduct violations and sanctions will be shared with the board during the sanctioning phase.
If the person found in violation is a:
- Faculty: The information with be kept on file in the Office of the Provost, the office of the appropriate dean and department, and the Office of Title IX.
- Staff: The information with be kept on file in Human Resources, the appropriate dean and/or department, and the Office of Title IX.
- Student: The information will be kept on file in the University Office of Student Affairs/ Student Conduct, the Dean’s Office of the appropriate school, if applicable, and the Office of Title IX.
If the respondent is found not to have violated the sexual misconduct policy, a copy of the decision will be retained in the Office of Title IX.