Non-Discrimination, Sexual Misconduct, & Title IX Policy
The University of Delaware Non-Discrimination, Sexual Misconduct, & Title IX Policy serves to promote an academic and work environment that is free from all forms of discrimination, including harassment. Protections provided under this policy are afforded to individuals based on the following protected classes:
| Age | Disability |
| Sex | Gender Identity |
| Genetics | Marital Status |
| Veteran Status | National Origin |
| Race/color | Religion |
| Sexual Orientation | Retaliation |
Reporting an Incident
- Reporting an incident is mandatory for any UD community member working in a role that requires them to report misconduct;
- A report may be filed by anyone who believes they have been a victim of or have witnessed or otherwise wish to report an incident of discrimination or harassment based on the above protected classes.
- Reports may be filed with the Office of Equity & Inclusion here.
- Anonymous Reporting is available through the EthicsPoint Compliance Hotline at https://www1.udel.edu/compliance/ OR 1-888-366-6033.
Complaint Process
Complaint Process:
Once an incident report has been submitted, an invitation for an informational meeting will be sent to the complainant. An informational meeting is an opportunity for a Complainant to discuss with the Title IX Coordinator in greater detail the University’s response to reports of prohibited conduct under this Policy, Complainant’s options to report, and supportive measures, which are available with or without the filing of a Complaint. In this meeting, the Title IX Coordinator will also explain the process for filing a Formal Complaint, if appropriate.
For those Complainants who wish to proceed with a resolution process available under this Policy, they have the opportunity in this meeting to share specific information with the Title Coordinator to be incorporated into a Complaint for assessment. The Title IX Coordinator may ask the Complainant what actions they are requesting of OEI. The Complainant may request:
- No further action be taken by the University on the Complaint;
- To participate in the Alternative Resolution Process set forth in Appendix A;
- To participate in the applicable OEI adjudication process set forth in Appendices B, C or D; or
- More time to make a decision.
Standard of Proof
Standard of Proof: The standard of proof in all cases will be the preponderance of the evidence. This means that a finding of responsibility requires that it is more likely than not, based on all the relevant evidence and reasonable inferences from the evidence, that the Respondent violated this Policy. Individuals are presumed not responsible for violating this Policy unless and until a finding has been made, at the conclusion of the process, that the Respondent has violated this Policy.
This standard of proof differs from the higher standard used in criminal cases, beyond a reasonable doubt. Therefore, there could be instances when the criminal justice system declines to prosecute a case criminally but a finding of responsible is reached under this Policy.
Resources
UDPD Resource Guide for victims of sexual assault, dating violence, domestic violence and stalking
Students may contact the Center for Counseling and Student Development to seek assistance and/or confidential consultation.
Wellbeing Center at Warner Hall
280 The Green
Monday through Friday: 8:30 a.m.–5 p.m.
302.831.2141/ 302.831.1001 (24/7/365 Hotline)
Employees may utilize the Employee Assistance Program (EAP) – ComPsych® GuidanceResources®
877-527-4742 (24/7 Support)
OEI Staff Training
TRAINING FOR TITLE IX STAFF, INVESTIGATORS, HEARING OFFICERS, AND OTHER FACILITATORS
In response to 34 C.F.R., Part 106.45(b)(10) of the 2020 Title IX Final Rule, the University of Delaware is required to publicly share all materials used to train Title IX personnel at the University. Any materials used to train Title IX Coordinators, Investigators, Hearing Officers, and any person who facilitates an Informal Resolution process, will not rely on sex stereotypes, and will promote impartial investigations and adjudications of Formal Complaints of Prohibited Conduct. All staff in the Office of Equity and Inclusion, Investigators, Hearing Officers, and any person who facilitates an informal resolution process will receive training on: the definition of sexual harassment and prohibited conduct; the scope of the University’s education program or activity; how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes (as applicable); and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Investigators will receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence. Hearing Officers will also receive training on any technology used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant. Also, the trainings will include external and internal members of the Title IX team. The University will continue to post access to training materials through this website to the extent necessary to comply with Title IX.
The Title IX regulations (34 C.F.R. part 106) further require the University of Delaware to publicly provide information on these trainings starting August 14, 2020. A list of trainings attended by these individuals is available here. This list includes all trainings attended post-August 14, 2020. The list consists of the materials used in training, all of which are provided for public review. This list will include training materials from trainings attend by both external and internal Title IX team members.
You may read the University of Delaware’s policy in its entirety. These materials will be kept for seven years and can be viewed above.
For questions or additional information, contact:
Dawn Barker Floyd, J.D.
Director of Equity and Inclusion and Title IX Coordinator
Office of Equity and Inclusion, 305 Hullihen Hall, Newark, DE 19716
Phone: (302) 831-8063
E-mail: oei@udel.edu
