Delaware’s Sexual Assault Policy for Institutions of Higher Education
To address campus sexual assault, Delaware law (14 Del. C. §§ 9001A — 9007A) requires Delaware colleges with more than 1,000 students to: offer to victims to report incidents of sexual assault perpetrated by or against a student to law enforcement authorities servicing the college, inform victims of their rights under the Victims’ Bill of Rights, inform victims of available confidential medical and counseling services, and to report data to state government to ensure compliance and measure the scope of the issue. This law provides:
- “Responsible college employees” as defined in § 9001A(3) must offer to contact law enforcement or public safety staff, if a student reports a sexual assault to them and must contact law enforcement or public safety staff within 24 hours, if the student accepts the offer.
- For purposes of this policy, a sexual assault is defined as “physical contact of a sexual nature perpetrated without consent or where consent is unable to be given.”
- Victims must be provided or directed to a copy of Delaware’s Victims’ Bill of Rights or a summary version thereof. A summary and link can be found here.
Updated Training Requirements (Effective June 30, 2025):
- Academic institutions must provide training to responsible employees on the prevalence and nature of sexual assaults, state and federal reporting requirements, and a trauma-informed response to disclosures.
- All new employees must complete this training within 3 months of starting employment.
- Refresher training is required for all responsible employees at least every 2 years.
- All newly enrolled full-time students must complete training on sexual assault prevention, awareness, and reporting requirements.
- At-risk student populations, as designated by the institution’s Title IX coordinator, must receive additional, tailored training.
Updated Reporting Requirements (Effective June 30, 2025):
By July 1 of each year, law enforcement agencies, colleges, and the Statistical Analysis Center must provide data on campus sexual assault to the Delaware Department of Justice, which will prepare a report for the Governor and General Assembly by September 15. These deadlines were previously October 1 and December 15, respectively.
Reports must include:
- Certification of compliance with training requirements, including participation rates and training details.
- Total reports of sexual assault made to the institution’s Title IX coordinator, including aggregate data on the nature of assaults, investigation outcomes, and penalties. No reports will contain personally identifiable information.
- Aggregated data from campus law enforcement on sexual assault reports received.
College Compliance Self-Reporting to the Delaware DOJ:
Colleges subject to the law are required to submit a report to the DOJ by July 1 each year on how they have complied with the Sexual Assault Policy for Institutions of Higher Education during the preceding academic year. Please use the form linked below to submit the required data and any additional documents. Do not include any personally identifiable data.
Institutions of Higher Education Reporting Form
Reporting Of Statistical Information on Campus Sexual Assaults to Delaware DOJ:
Under the law, the state Statistical Analysis Center, utilizing criminal justice data, must report to the state Department of Justice by July 1 each year on the status or outcome of complaints of certain criminal violations (Sections 767-773 of Title 11) during the preceding calendar year where the alleged victim or alleged perpetrator or both is a student of a covered higher education institution, and whether the assault took place on a higher education campus. No personally identifiable information will be contained in this report.
DOJ Annual Report on Campus Sexual Assaults and Training:
A report conveying information from colleges and the criminal justice system on campus sexual assaults must be prepared each year by September 15 by the Delaware DOJ starting in 2025. The DOJ’s annual report will include data from the past five years to highlight trends and will be publicly available on the DOJ website.
Reporting a Violation of the Sexual Assault Policy for Institutions of Higher Education: (Effective June 30, 2019):
After June 30, 2019, Delaware DOJ will receive and investigate reports and complaints of higher education institutions not complying with their requirements for dealing with sexual assaults on campus under 14 Del. C. §§ 9001A — 9007A. Examples of violations include:
- A responsible employee fails to offer to notify law enforcement or public safety officials when informed of an alleged sexual assault occurred while the victim or perpetrator was on campus or was enrolled as a student at the academic institution.
- Failure to report to law enforcement within 24 hours, if requested by the victim.
- Not providing the Victim’s Bill of Rights or a DOJ-approved summary thereof.
- Failure by campus law enforcement or public safety officials to notify appropriate authorities within 24 hours when an alleged assault occurs outside their jurisdiction.
To report a suspected violation of 14 Del. C. §§ 9001A — 9007A by an academic institution, use this complaint form.
Links and Information for Victims
Delaware college sexual assault and Title IX information:
Delaware DOJ links to victim resources:
https://attorneygeneral.delaware.gov/vcap/resources/
