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, during campus-sponsored events, or that occur off-campus but create a hostile environment on-campus. The Parties may 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 sex discrimination 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

Sex Discrimination under Title IX

Title IX prohibits sex discrimination, including discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, and gender identity.

Further, Title IX prohibits discrimination due to sex-based harassment including:

Quid Pro Quo Sexual Harassment

“Quid Pro Quo Harassment” means when an employee, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

Hostile Environment Harassment

“Hostile Environment Harassment” means unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

1. The degree to which the conduct affected the complainant’s ability to access the University’s education program or activity;
2. The type, frequency, and duration of the conduct;
3. The parties’ ages, roles within the University’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
4. The location of the conduct and the context in which the conduct occurred; and
5. Other sex-based harassment in the University’s education program or activity.

Sexual Assault—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.

Sexual Assault—Non-Consensual Sexual Contact

“Nonconsensual Sexual Contact” means the touching of the breasts, buttocks, or groin of another person for the purpose of sexual gratification without the consent of the victim.

Sexual Assault—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

Sexual Assault—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—

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.

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 Sexual Misconduct as defined by this policy; however, Employees are mandated reporters and must report conduct that may constitute sex discrimination. The University encourages anyone who experiences or becomes aware of sex discrimination 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 sex discrimination 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