What is Title IX?

Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex. All recipients of federal financial assistance must comply with Title IX regulations. Title IX requires all recipients to have policies and procedures in place to respond to complaints of sex discrimination that happen on-campus, or off campus during campus-sponsored events. The Parties in a case may be students, employees and any non-student/ employee who was participating or attempting to participate in the University’s programs or activities at the time the alleged prohibited conduct occurred.

Individuals are encouraged to report any suspected violation of this policy as soon as possible in order to maximize the University’s ability to respond promptly and effectively. Individuals who want to report may do so without committing to any formal course of action. By reporting, they are offered access to supportive measures. Reports and complaints may be made at any time without regard to how much time has elapsed since the incident(s) in question.

Sex Discrimination at Wilmington University

Wilmington University (“Wilmington” or “the University”) is committed to cultivating a diverse and inclusive community that recognizes the value of each individual and allows persons to learn and work in an environment free from harassment and discrimination. As part of this effort, the University will respond to sex discrimination through clear policies and grievance procedures, and commits itself to maintaining a safe and healthy educational and work environment via educational programming, employee training, and by sanctioning those who violate the University’s Equal Opportunity and Non-Discrimination Policy and Procedures.

Reporting Sexual Misconduct

Reports of sex discrimination should be reported to the Title IX Coordinator, who is designated to evaluate which applicable laws shall be used to resolve reported behavior.

  Equal Opportunity and Non-Discrimination Policy and Procedures

Prohibited Conduct at Wilmington University and under Title IX

Title IX prohibits conduct based on sex-based harassment. In addition, discrimination based on pregnancy or pregnancy related conditions is also prohibited. (See Student Pregnancy Information)

Title IX prohibits conduct due to sex-based harassment including:

Quid Pro Quo Sexual Harassment

“Quid Pro Quo Harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• Submission to or rejection of such conduct is made implicitly or explicitly a term or condition of instruction, employment, or participation in any University activity or benefit; or
• Submission to or rejection of these behaviors by an individual is used as a basis for evaluation in making academic or personnel decisions.

Hostile Environment Harassment

“Hostile Environment Harassment” means unwelcome sex-based conduct that, on the basis of sex that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education programs or activities. Such conduct includes unwelcome conduct of a sexual nature and may include unwelcome conduct based on sex or sex stereotyping.

In evaluating whether the unwelcome conduct is so severe, pervasive, and objectively offensive that it effectively denies a person equal access, the University uses a reasonable person standard that takes into account the totality of known circumstances in a particular situation, including but not limited to:

• The frequency, nature, and severity of the conduct.
• The age, disability status, and other characteristics of the parties.
• Whether the conduct was physically threatening.
• The effect of the conduct on the Complainant’s mental or emotional state.
• Whether the conduct was directed at more than one person.
• Whether the conduct arose in the context of other discriminatory conduct.
• Whether the conduct unreasonably interfered with the Complainant’s educational or work performance and/or University programs or activities.

Non-Consensual Sexual Penetration

“Nonconsensual sexual penetration” means the 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.

Non-Consensual Sexual Contact

“Nonconsensual Sexual Contact” means 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. Private body parts for purposes of this policy are breast, buttocks, and groin.

Incest

“Incest” is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. In Delaware, this includes sexual contact between persons who are siblings, parents, and children, including stepparents, stepchildren, and adopted persons, as well as aunts/uncles with nieces/nephews and between grandparents and grandchildren. ¹

Statutory Rape

“Statutory Rape” is sexual intercourse with a person who is under the statutory age of consent, which in Delaware is 16 years of age.

Dating Violence

“Dating Violence” is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. 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. For the purposes of this definition dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Domestic Violence

A felony or misdemeanor crime of violence committed

• by a current or former spouse or intimate partner of the victim.
• by a person with 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 person 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.

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 or suffer substantial emotional distress.

For the purposes of this definition—

1. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
2. A reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Reporting

Any person may report an incident of Prohibited Conduct based on sex-based harassment as defined by this policy; however, Employees are mandated reporters and must report conduct that may constitute prohibited conduct. The University encourages anyone who experiences or becomes aware of Prohibited Conduct based on sex-based harassment to immediately contact one of the options listed below including law enforcement, school administrators and off campus confidential options. Reports may be made by the person who experienced the Prohibited Conduct based on sex-based harassment or by a third-party, including, but not limited to, a friend, family member, advisor, or faculty member. Reports to the Title IX Coordinator may be made in person, by mail, by telephone, or by electronic mail, using the contact information listed below, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the listed telephone number or electronic mail address, or by physical mail to the office address.

1 See Delaware Code Title 11 and Criminal Procedure § 766. Back to 1