Confidentially Disclosing Sexual Misconduct
Several offices and individuals on campus are designated as confidential resources for members of the University community who wish to discuss an incident of sexual misconduct without or before reporting it to the Title IX Coordinator. Individuals who are not prepared to make a report or who may be unsure how to label what happened to them, but seek information and support, are encouraged to contact a confidential resource. As discussed below, some of these confidential resources do not report any information to the University Title IX Coordinator (professional, licensed counselors and pastoral counselors who provide mental health counseling at the University) and others (Student Health Services and Sexual Offense Support) report non-identifying information about violations of this policy to the Title IX Coordinator for tracking purposes only.
If a complainant wants to maintain confidentiality by disclosing only to a confidential resource and not reporting to the University, the University will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the respondent. These counselors and advocates will still assist the complainant in receiving other necessary protection and support, such as advocacy, academic support or accommodations, disability, health or mental health services and changes to living, working or class schedules. The University’s ability to provide these protections and supports may be limited, however, if the complainant does not want to pursue an investigation and disciplinary action against the respondent.
A complainant who initially requests confidentiality may later decide to file a complaint with the University or report the incident to law enforcement and have the incident fully investigated.
A. Professional and Pastoral Counselors
Professional, licensed counselors and pastoral counselors who provide mental health counseling to members of the University community will not report any information to the Title IX Coordinator without a complainant’s written permission. This protection also extends to individuals who work or volunteer in these offices, including front desk staff and students. The following are the professional and pastoral counselors on the University campus:
Center for Counseling and Student Development
261 Perkins Student Center
Newark, DE 19716
Phone: (302) 831-2141
Website: www.udel.edu/counseling
Student Wellness & Health Promotion
231 South College Avenue
University of Delaware
Newark, DE 19716
Phone: (302) 831-3457
Website: www.udel.edu/studentwellness
B. Student Health Staff and Sexual Offense Support
Individuals who work or volunteer in Student Health Services or Sexual Offense Support, including front desk staff and students, can talk to a complainant without being required to reveal any personally identifying information to the University Title IX Coordinator. A complainant can seek assistance and support from these individuals without the possibility of triggering a University Title IX investigation.
While maintaining the complainant’s confidentiality, these individuals or their offices must report the nature, date, time and general location of an incident of sexual misconduct to the University Title IX Coordinator. This limited report – which includes no information that would directly or indirectly identify the complainant – helps keep the University Title IX Coordinator informed of the general nature and extent of sexual violence on and off campus so the coordinator can track patterns, evaluate the scope of the problem and formulate appropriate campus-wide responses, but such a report will not trigger an investigation by the University Title IX Coordinator. A complainant can choose to have non-professional counselors and advocates report all information about an incident that may prompt an investigation by the Title IX Coordinator.
The following is contact information for Student Health Services and Sexual Offense Support:
Student Health Services
Laurel Hall
University of Delaware
Newark, DE 19716
Phone: (302) 831-2226
Website: www.udel.edu/shs/
Sexual Offense Support
University of Delaware
231 South College Avenue
Newark, DE 19716
Phone: (302) 831-1001 (24/7/365, press #1 to speak with an advocate)
Website: www.udel.edu/sos/
NOTE: While these professional counselors, medical professionals and advocates may maintain a complainant’s confidentiality in the University setting, they may have other reporting or disclosure obligations under state law, including mandatory reporting of child abuse, situations in which the patient or client presents a danger to themselves or others and responding to subpoenas compelling document production or testimony at trial or in a deposition.
{1}Licensed substance abuse and relationship violence counselors have statutory privilege and do not have to share any information with the Title IX Coordinator. Not all counselors at Student Wellness & Health Promotion have this level of privilege. Other counselors may have to provide anonymous reports of incidents to the Title IX Coordinator.