Filing a Report
All members of the University community have a responsibility to make the University a safe and supportive environment for everyone. This responsibility includes reporting safety or security concerns and crimes or policy violations, including sexual misconduct.
In an emergency situation, members of the University community should immediately call 911 to report any crime or other incident which poses a risk of harm to the University community.
Any University employee who is not a confidential resource under this policy and who witnesses, is advised of or learns about an alleged incident of discrimination, harassment, and/or sexual misconduct must promptly notify the University Title IX Coordinator of the incident by email, telephone or using the Title IX Reporting Form. The employee must report to the University Title IX Coordinator all relevant details about the alleged sexual misconduct known to the employee or shared with them.
Any employee who learns about the report will respect the privacy of the victim. The employee will inform only those who need to know, which will include the University Title IX Coordinator. The employee and the University Title IX Coordinator will not share information about the alleged incident with law enforcement without the complainant’s consent, unless the employee has a duty under University policy, federal or state law (e.g., mandatory reporting of child abuse) to report such an incident to law enforcement or unless the complainant has already reported the incident to law enforcement.
Responsible employees (who consist of all UD employees) must complete the report form immediately (no matter when the incident occurred) if anyone (ex: faculty, staff, students, or third parties) reports or discloses a situation that may constitute sexual misconduct (to include sexual harassment sexual violence, domestic/dating violence, and stalking). If you have any questions about the form, you should contact the Title IX Coordinator.
This stipulation only addresses Title IX reporting requirements. You may also be obligated to complete UDPD’s Clery Act reporting form if you have been identified as a campus security authority (CSA) by the University. If you are unclear about your status as a CSA, please contact your supervisor or Major Jeff Evans, Clery Compliance Officer, 413 Academy Street, Newark, DE 19716, firstname.lastname@example.org, 302-831-1204.
Directions for filing a complaint:
Review the checklist to ensure you are discussing the items with any victim of sexual misconduct. The items do not need to be discussed in any particular order, but are arranged in a manner that can help you with your discussion.
Complete the Report Form, paying attention to the fields below as you collect information.
*Please note that if you are completing a form for yourself, you will complete the “Incident Self-Report Form”. If you are completing the form on behalf of someone else, you will complete the “Incident 3rd Party Report Form”.
Complainant – is defined as the person who allegedly has experienced the prohibited conduct, regardless of whether that individual makes a complaint or desires disciplinary action. A complainant may be a student, employee, faculty member, volunteer, vendor, visitor or guest, regardless of their sex, sexual orientation or gender identity.
Against Whom – If the complainant reveals the name of the alleged perpetrator, and you are not a member of the staff at Student Health Services, the Counseling Center, or S.O.S., you must include that information here. You should maintain privacy of the alleged perpetrator’s name and not share it with anyone. If the complainant does not reveal the name of the alleged perpetrator, other types of information can be noted such as the individual’s affiliation to UD, if the perpetrator is a student at another school, a visitor, a vendor, etc.
Description of the Incident – Write information about the events that happened (as revealed by the complainant) such as the circumstances of the conduct, what conduct was disturbing and how, names of witnesses or others involved, etc. Refrain from judgment and describe the facts that were told to you or that you witnessed.
Submit the form to the University Title IX Coordinator, Danica Myers (information above).
The fact that a report is given to the University Title IX Coordinator does not necessarily mean the University will undertake an investigation into the allegations. The University Title IX Coordinator will ensure that the complainant is aware of rights and resources available to them. These include:
- the right to be accompanied to meetings about the incident with up to two support people;
- the availability of resources both on and off campus;
- the availability of interim measures;
- the strict prohibition against retaliation;
- the available reporting options for an incident of sexual misconduct, including the option to report or not report the incident to law enforcement; and
- a copy of the sexual misconduct policy, which includes a description of the University’s sexual misconduct investigation process.