Rights and Options

Reporting Sexual Misconduct to the University Title IX Coordinator

Any person who believes they have been a victim of, have witnessed or otherwise wish to report an incident of sexual misconduct should contact the University Title IX Coordinator, Kate Buchkoski, Ph.D., Office of Civil Rights and Title IX Compliance, 305 Hullihen Hall, Newark, DE 19716, (302) 831-8063, titleixcoordinator@udel.edu or submit a Title IX Reporting Form at https://sites.udel.edu/ocrc/.

Do you need medical attention?

You can receive medical treatment at any medical facility; however, certain providers have specially trained staff to help survivors of sexual assault and/or can offer a sexual assault forensic exam (SAFE). The following locations have sexual assault nurse examiners (SANE):

Preservation of Evidence

It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen.

In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted infections. Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs, or other copies of documents, if they have any, that would be useful to University adjudicators/investigators or police.

Confidentiality

Victims may request that directory information on file with the University, which is information the University may share, be withheld from disclosure. This request can be made to the Registrar’s office 302-831-2131.

Regardless of whether a victim has opted-out of allowing the University to share directory information, personally identifiable information about the victim and other necessary parties will be treated as confidential and only shared with persons who have a specific need-to-know, i.e., those who are investigating/adjudicating the report or those involved in providing support services to the victim, including accommodations and supportive measures. By only sharing personally identifiable information with individuals on a need-to-know basis, the institution will maintain as confidential, any accommodations or supportive measures provided to the victim to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or supportive measures.

Orders of Protection

Rights of Victims and the Institution's Responsibilities for Orders of Protection, “No Contact” Orders, Restraining Orders, or Similar Lawful Orders Issued by a Criminal, Civil, or Tribal Court or by the Institution

The University complies with Delaware law in recognizing No Contact orders and Protection from Abuse Orders.

Any person who obtains a Protection from Abuse Order from Delaware or any reciprocal state should provide a copy to UDPD and the Office of Civil Rights and Title IX Compliance/Title IX Coordinator. A complainant, or the Victim Advocate, may then meet with UDPD to develop a Safety Action Plan, which is a plan for UDPD and the victim to reduce risk of harm while on campus or coming and going from campus. This plan may include, but is not limited to escorts, special parking arrangements, changing classroom location or allowing a student to complete assignments from home, etc.) The University cannot apply for a legal order of protection, no contact order or restraining order for a victim from the applicable jurisdiction(s).

Statement of Victim's Rights

• Victims have the right to choose counseling and medical treatment, and to prosecute and report their case through the applicable University process and/or the off-campus court system. They also have the right to refuse all these options without reproach from any University personnel.
• Victims have the right to be treated with dignity and seriousness by campus personnel.
• Victims of crimes against an individual have the right to be reasonably free from intimidation, harm and retaliation.
• University personnel are encouraged to inform all victims that (1) victims are not responsible for crimes committed against them; (2) victims are not negligent toward their own safety and thus do not assume the risk of crime; and (3) victims should always report their crime, despite the possibility of adverse publicity for the University.
• Victims will be made aware of appropriate student services, including counseling.
• Victims are entitled to the same support opportunities available to the accused in a campus disciplinary proceeding.
• If the accused is prohibited from contacting the victim or entering the victim's residence, the victim will be notified that the ban is in effect.
• Any victim who does not wish to remain in their present residence hall or class section may be granted a transfer to any available housing or class section.
• The victim has the right to information regarding the status of their case, including the results of any disciplinary proceedings.
• Both the accused and the victim are entitled to have an advisor/advocate present during the applicable University process.

What are some of your Rights and Options?

• The Right to be treated with respect by all University officials
• The right to have past unrelated behavior excluded from the investigation process
• The right to be notified of available counseling, mental health, medical and legal services both on campus and in the community
• The option for interim measures, which may include changing living arrangements on campus or receiving reasonable academic or workplace accommodations
• The right to be free of any form of retaliation and to report such retaliation for disciplinary action
• The Option to obtain a campus restraining or no-contact order against the respondent
• The Option to decide whether or not to file a formal complaint with the Title IX Coordinator
• The right to notify or not notify law enforcement of the complaint.
• The right to be accompanied by up to two persons throughout the process, including at any interviews
• The right to an adequate, reliable, impartial and prompt investigation of the allegations conducted within a reasonable period of time after the complaint is filed
• Receive written notice of the date, time and location of any interview scheduled with the investigator
• The option to be kept informed of the status of the investigation, to the extent possible.
• The option to initiate an appeal of the finding or sanction
• The right to review all documents that are relevant to the report/complaint.
• The option to participate in the appeal process.

Where to Start?

You may want to talk to someone confidentially as you decide what you’d like to do moving forward. You can access crisis counseling, information, and support, by connecting with the resources listed below. These locations are only confidential if you are over the age of 18 and there are no threats of harm to yourself or to others.

On Campus Resources and Contact Information

Off Campus Resources and Contact Information

VAWA Definitions

What is consent?

Consent is an affirmative decision to engage willingly in mutually acceptable sexual activity given by clear words or actions. Consent is an act or statement that is knowing, freely given, and mutually understood to communicate a willingness to engage in the activity.
It is the responsibility of each person involved in any sexual act to ensure that they have the Consent of the other(s)

• The existence of a dating or sexual relationship between the people involved, or the existence of a past sexual encounter, is not by itself an indication of Consent for any current or future sexual encounter.
• Consent cannot be obtained by force, threat, Coercion, or by causing a reasonable fear of imminent injury.
• For sexual activity to be consensual, Consent must be ongoing throughout the sexual encounter. A person can withdraw Consent at any time. Consent to one sexual act does not automatically constitute Consent to another sexual act.
• A person withdraws Consent by clearly communicating withdrawal through words or actions.
• Consent to engage in sexual activity with one person does not automatically constitute Consent to engage in sexual activity with another person.
• Lack of protest or resistance, alone, is not Consent.
• A person who is Incapacitated cannot give Consent.

What is Sexual Battery/Sexual Assault?

“Sexual assault” means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault includes rape, fondling, incest, and statutory rape.

• Rape: Penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of both males and females.
• Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory rape: Sexual intercourse with a person who is under the statutory age of consent.

What is Dating Violence?

“Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

What is Domestic Violence?

“Domestic violence” means felony or misdemeanor crime of violence committed:

• By a current or former spouse or intimate partner of the victim;
• By a person whom the victim shares a child in common;
• By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
• By a partner similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
• By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

What is Stalking?

“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• Fear for the person’s safety or the safety of others;
• Suffer substantial emotional distress.

What is Sexual Harassment?

Under Title IX, “Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:

• An employee of the recipient conditioning the provision of an aid, benefit or service of the recipient on an individual’s participation in unwelcome sexual conduct;
• Unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity;