Non-Discrimination, Sexual Misconduct, & Title IX Policy

Incident Self-Report FormIncident 3rd Party Report Form
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
  1. Reporting an incident is mandatory for any UD community member working in a role that requires them to report misconduct;
  2. 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.
  3. Reports may be filed with the Office of Equity & Inclusion here.
  4. 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:

  1. No further action be taken by the University on the Complaint;
  2. To participate in the Alternative Resolution Process set forth in Appendix A;
  3. To participate in the applicable OEI adjudication process set forth in Appendices B, C or D; or
  4. 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

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®

800.343.2186 (24/7 Support)

Additional sexual misconduct resources and information can be found on the university’s kNOwMORE page

For questions or additional information, contact:
Dawn Barker Floyd, J.D.
Office of Equity and Inclusion
305 Hullihen Hall
Newark, DE 19716
(302) 831-8063
oei@udel.edu 

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