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 the Title IX implementing regulations. Title IX requires all recipients to have policies and procedures in place to respond to formal complaints of sexual misconduct that happen on-campus or during campus-sponsored events, which occur within the United States.
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. Person who want to Report may do so without committing to any formal course of action and by reporting, are offered access to supportive measures. A Formal Complaint is required if the harmed party wishes to have the University informally resolve the complaint or to initiate an investigation and resolution. Reports and Formal Complaints may be made at any time without regard to how much time has elapsed since the incident(s) in question.
For Title IX to apply, the incident must have taken place on-campus or during a University-sponsored event. The Parties involved must be current Wilmington University students or employees.
If an incident of sexual misconduct takes place off-campus, other actions may be available.
Sexual Misconduct 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-based harassment and 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 Sexual Misconduct Policy Governing Students and Employees. This comprehensive policy is created and implemented by the University to address allegations of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, in addition to other prohibited misconduct as identified and defined herein.
Reporting Sexual Misconduct
Reports of sexual misconduct should be reported to the Title IX Coordinator, who is designated to evaluate which applicable laws shall be used to resolve reported behavior.
Prohibited Conduct under Title IX
Title IX prohibits the following sexual misconduct under Title IX:
Quid Pro Quo Sexual Harassment
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 Sexual Harassment
Any unwelcome sexual advance, request for sexual favors, or other unwelcome verbal, electronic or physical conduct of a sexual nature when such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance.
To reach the threshold for a claim under Title IX, the conduct must be determined to be 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 as well as meet the required jurisdictional elements.
An evaluation of when an offense meets the definition for Title IX will be determined by the Title IX Coordinator based on the constellation of facts and circumstances surrounding the report or Complaint.
Non-Consensual Sexual Penetration
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
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 his/her age or because of his/her temporary or permanent mental incapacity. Private body parts for purposes of this Policy are breast, buttocks, and groin. 1
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.
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
Stalking 2 is defined as 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.
Any person may report an incident of Sexual Misconduct as defined by this policy however Employees must report. The University encourages anyone who experiences or becomes aware of Sexual Misconduct 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 Sexual Misconduct 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.
Linda Van Drie Andrzjewski, Ed.D.
Executive Director of Title IX, Clery and Regulatory Affairs
47 Reads Way
New Castle, DE 19720
Phone: (302) 356-6754
Fax: (302) 328-7918