5.13. Record Retention Under this Policy

The record retention policies contained in this HCAP will only apply to documentation related to complaints filed on or after the date this HCAP was initially enacted as University Policy.

A Responding Party may petition to have purged any or all permanent records relating to them made under any provision of this HCAP.

The earliest such a petition will be considered is ten years after the day on which each permanent record was created. In their petition the Responding Party shall identify the records which they seek to have purged and shall state the reason they believe the petition should be granted.

The Director, Civil Rights and Title IX may consider the following in determining whether or not to grant the petition: the nature of the permanent record; whether the Responding Party has had any complaints filed against them since the time the permanent record was created; whether the Responding Party has been involved in any other disciplinary actions since the time the permanent record was created; the length of time since the record was created; the reasons provided in the Responding Party's petition; whether the requesting Responding Party is still a member of the Xavier Community; anything else the Director, Civil Rights and Title IX believes is relevant to the decision whether or not to grant the petition.

The Director, Civil Rights and Title IX will notify the Responding Party of their decision in writing within 30 days of the petition.

The Responding Party may appeal the decision of the Director, Civil Rights and Title IX to the President or designee in writing within 10 days of the date of the Director, Civil Rights and Title IX's decision. The President or designee may affirm or modify the Director, Civil Rights and Title IX's decision or remand the matter to the Director, Civil Rights and Title IX for further consideration.

Any decision of the President or un-appealed decision by the Director, Civil Rights and Title IX shall be final and binding with respect to the records that are the subject of the petition for a period of two years. During that time no petition by the Responding Party will be considered with respect to the same permanent records that were the subject of the earlier petition.