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 insure 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 the Delaware’s Victims’ Bill of Rights or a summary version thereof. A summary and link can be found here.
- Colleges must provide training to employees and students on sexual assault and the law
- By October 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
- These requirements apply to Delaware State University, Delaware Technical Community College, Goldey-Beacom College, University of Delaware, Wesley College and Wilmington University (list as of July 2018)
College Compliance Self-Reporting To Delaware DOJ
Colleges subject to the law are required to submit a report to DOJ by October 1 each year starting in 2018 on how they have complied with the Sexual Assault Policy for Institutions of Higher Education during the preceding calendar year. Please use the form linked below to submit the data required and any additional documents.
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 October 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.
Annual Report On Campus Sexual Assaults and Sexual Assault Reporting and Training
A report to the General Assembly and Governor conveying the information from colleges and from the criminal justice system on campus sexual assaults must be prepared each year by Dec. 15 by Delaware DOJ starting in 2018.
Effective June 30, 2019: Reporting a Violation of the Sexual Assault Policy for Institutions of Higher Education
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 would include:
- A responsible employee of an academic institution informed by a victim of an alleged sexual assault who DOES NOT offer to notify law enforcement or public safety officials, when the alleged sexual assault occurred while the victim or perpetrator was on campus, or was enrolled as a student at the academic institution
- In the situation above, if the victim requests a report, the employee DOES NOT make the report to law enforcement within 24 hours
- In the situation above, the employee or the academic institution DOES NOT provide or direct the alleged victim to a copy of the Victim’s Bill of Rights or a summary version thereof approved by the Delaware Department of Justice
- If law enforcement officers or public safety officials serving an academic institution receive a report of an alleged assault that took place outside of their jurisdiction but DO NOT within 24 hours of receiving the report notify the municipal or state law enforcement agency having jurisdiction over the offense
- A college subject to the law DOES NOT offer training regarding the prevalence and nature of sexual assaults on college campuses, the reporting requirements of state law, and the reporting requirements under federal Title IX of the Education Amendments of 1972 [20 U.S.C. § 1681 et seq.] or regulations thereunder
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: