Disciplinary Records Policy

Release

Provisions of the Family Educational Rights and Privacy Act of 1974, as amended by the Higher Education Amendments of 1998, govern access to a student's academic transcript or disciplinary file. The student and/or those university officials who demonstrate a legitimate educational need for disciplinary information may have access to the student's disciplinary file.

Parent(s) who provide proof that a student is a dependent as defined by the Internal Revenue Code, can have access to the student's disciplinary file without written consent of the student. In this case, parents may also have access to a disciplinary file, even if the student has requested otherwise. In addition, parent(s) may be notified if a student under 21 years of age is found responsible for a violation involving use or possession of alcohol or drugs.

All other inquiries, including but not limited to inquiries from employers, government agencies, news media, family, friends, or Boulder police require a written release from the student before access to university disciplinary files is granted except pursuant to a lawfully issued subpoena and as provided by the Campus Security Act of 1992.

Additionally, the Higher Education Amendments of 1998 permit disclosure of the final results of disciplinary cases in which a student has been found responsible for a violation involving violence or a sex offense. The Campus Security Act permits higher education institutions to disclose to alleged victims of any crime of violence the results of the disciplinary proceedings conducted by the institution against an alleged perpetrator with respect to such crime. The Campus Security Act also requires that both the accused and the accuser be informed of any campus disciplinary proceeding involving a sexual assault.

Retention

Records for cases not involving probation, suspension, or expulsion, or where the incident involved a charge that the university is federally mandated to report upon, will be kept until a student's graduation or permanent withdrawal from the institution, whichever is later.

For cases involving probation, suspension, or an incident upon which the university is federally mandated to report, the university is obligated to keep the records for seven years after the charged student graduates or permanently withdraws from the university, whichever is later. If a student does not come back after their suspension period, the period of suspension will not count towards the seven years for expunging the file.  Instead, the seven years will start at the end of the suspension period.

The university will maintain cases involving expulsion indefinitely.