Retention and Release of Records

X. Retention and Release of Records

  1. Retention of Records
    1. For a student enrolled in bachelor's, master's or doctoral degree programs:
      1. For cases in which an outcome of responsible is reached and a University status sanction of expulsion is applied, all records of the incident and outcome will be permanently retained in the student’s disciplinary file.
      2. For cases in which an outcome of responsible is reached and a University status sanction other than expulsion is applied, all records of the incident and outcome will be maintained until the student graduates or, in the event the student ceases to maintain enrollment, for four calendar years after the student’s most recent term of enrollment.
    2. For a student enrolled in an Associate in Arts degree program:
      1. For cases in which an outcome of responsible is reached and University status sanction of expulsion is applied, all records of the incident and outcome will be permanently retained in the student’s disciplinary file.
      2. For cases in which an outcome of responsible is reached and a University status sanction other than expulsion is applied, all records of the incident and outcome will be maintained until:
        1. the student's graduation from a bachelor's degree program; or
        2. the student’s graduation from the Associate in Arts degree program, if the student does not matriculate into a bachelor’s degree program; or
        3. two calendar years after the most recent term of enrollment in the Associate in Arts program, if the student ceases to maintain status as a matriculated student in the Associate in Arts program.
    3. For a student organization, when an outcome of responsible is reached all records will be maintained permanently.
    4. When an outcome of not responsible is reached or when the charge(s) is dropped, all records will be destroyed within 60 days of the final decision.
    5. Federal law currently requires the retention of certain data and records of certain disciplinary infractions. Where the above-described policy provides for the “destruction” of a record, the University, in order to comply with federal law, may accomplish such “destruction” by editing all student identifying information from such record.
  2. Release of Records
    1. If a resolved conduct case includes a Disciplinary Warning, no information regarding that case will be released to anyone outside Community Standards & Conflict Resolution. Students in this situation would not need to disclose to anyone they violated University policy.
    2. If a resolved conduct case includes a Notice of Reprimand, information regarding that case may be released to a faculty or staff within the University with a demonstrated educational need to know. Permission from the student is not required for this release. Students in this situation would need to disclose to a University official they violated a policy, but would not need to disclose to anyone outside the University. If, however, a student has more than one case which results in a sanction other than a Disciplinary Warning, information regarding the case in which the Notice of Reprimand was applied may be shared outside the University.
    3. For all other resolved cases which include any other University status sanctions, information regarding that case may be released to faculty or staff within the University with a demonstrated educational need to know. Permission from the student is not required for this release. Information regarding that case may also be released to anyone outside the University with proper permission from the student.
    4. Limited release of records
      1. A student may request that records of certain incidents not be disclosed outside the University.
      2. If the request is granted, the conduct record will still be maintained by Community Standards & Conflict Resolution until graduation, but it will not be reported externally. The record will continue to be released within the University of Delaware.
      3. If the student is found responsible for violating the Code of Conduct after being granted Limited Release, the Limited Release will be rescinded and records of all cases may be reported externally.
      4. The following criteria must be met in order to request a limited release of records:
        1. The student has a single disciplinary case in their record;
        2. The case did not involve a violation of the Academic Honesty Policy, violence or threats of violence, sexual misconduct, discrimination or harassment;
        3. The case included a disciplinary sanction of Disciplinary Probation, Deferred Suspension from University Housing and/or Deferred Suspension from the University; and
        4. Two semesters have passed since the ending date of the disciplinary sanctions.
      5. Request for limited release of records
        1. A student must complete an application request and may submit optional supporting documents. Details may be found on the website of Community Standards & Conflict Resolution.
        2. The Director of Community Standards & Conflict Resolution (or designee) will review the application and may consult with other offices on campus in order to determine if a limited release of records is warranted based on the following:
          1. the student's reflection of the incident and demonstration of learning;
          2. the student's contributions to the community by the applicant;
          3. the confirmed lack of additional disciplinary cases; and
          4. the nature of the violation and the severity of any damage, injury or harm resulting from it.
        3. The student will be notified of the outcome of their request within 30 business days of submission.
        4. The decision of the Director of Community Standards & Conflict Resolution (or designee) will be final.

Community Standards & Conflict Resolution is part of the Division of Student Life, which advances equity and inclusion, deepens student learning and drives holistic development through education, experiences and communities.