Filing a Complaint
To initiate the informal resolution process or formal resolution process, a Complainant must file a Complaint. A Complaint means a written statement filed by a Complainant or signed by the Title IX Coordinator alleging Prohibited Conduct against a Respondent and requesting resolution of the alleged behavior.
A complaint may be filed anonymously using the online form or by downloading and mailing the form to the Title IX Coordinator.
File In Person or by Email, Mail, or Phone
A complaint may also be filed by the Complainant without remaining anonymous in person, or by email, mail or phone to the Title IX Coordinator.Please Note: the anonymous incident forms (online or download) can also be used to submit a complaint and identify yourself by selecting "no" to the "reporting anonymously" section and providing your contact information requested on the forms.
Complainants have the right not to file a complaint, yet they are highly encouraged to seek medical attention and counseling. Complainants who wish to file a complaint at a later date, may do so by utilizing any of the options outlined in the University policy. However, please note that a delay in reporting could create obstacles to the University’s process for stopping harassment and/or discrimination, remedying its effects, and preventing recurrence as well as potentially weakening evidence that could be useful in determining whether Prohibited Conduct occurred, in obtaining an order of protection or for the State in being able to proceed with a criminal proceeding external to the University. Complainants have the right to supportive measures even if they choose not to file a formal complaint.
University – Initiated Complaints
In limited cases, the Title IX Coordinator may initiate a complaint without a request by the Complainant upon receipt of a report of Sexual Misconduct. The Title IX Coordinator will initiate the complaint when the Title IX Coordinator, in their discretion, determines that a grievance process is warranted given the reported behavior.
If the Title IX Coordinator determines that the complaint, even if substantiated, would not rise to the level of a violation of this policy, the Title IX Coordinator may dismiss the complaint or refer the complaint to another office for review. A case may also be dismissed for not meeting the threshold and jurisdictional requirements for Title IX, however, a dismissal of a case for purposes of Title IX, does not preclude the University from utilizing this policy for non-Title IX Sexual Misconduct and referring the matter for Non-Title IX Resolution.
If at any time during the investigation or hearing a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal resolution process or withdraw any allegations therein; the Respondent is no longer enrolled or employed by the recipient; or specific circumstances prevent the recipient from gathering evidence sufficient to reach a determination as to the formal complaint or allegations, the University may dismiss the complaint and end the formal resolution process.
The Title IX Coordinator has the discretion to consolidate multiple complaints or reports into a single investigation if evidence relevant to one incident might be relevant to the others. Where a grievance process involves more than one Complainant or more than one Respondent, references in this section to the singular “Party,” “Complainant,” or “Respondent” include the plural, as applicable.
Informal Resolution Process
Informal resolution is available only after a formal complaint has been filed, the Complainant and Respondent have been sent the Notice of Allegations, prior to a determination of responsibility, and if the Complainant and Respondent voluntarily consent to the process in writing. Informal resolution is not available in cases in which an employee is alleged to have sexually harassed a student.
Informal Resolutions may include, but are not limited to;
- Placing a Respondent on notice that, if such behavior has occurred or is occurring, such conduct should cease immediately;
- A written warning;
- Education and/or training for a Respondent and/or department;
- Permanent Supportive Measures for Complainant;
- Mediation or other informal communication between the Complainant and Respondent;
- Events and/or trainings offered to the campus community or particular departments; and/or
- Referral and/or collaboration with another University department in order to address the allegations and eliminate any potential sexual misconduct.
- Other forms of resolution that can be tailored to the needs of the Parties.
For cases that meet the Title IX threshold, the Parties may withdraw from the Informal Resolution Process at any time prior to agreeing to a resolution and resume the Formal Resolution Process with respect to the Complaint.
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