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Compliance Responsibilities: Reporting Sexual Harassment & Sexual violence Chairs Workshop April 21, 2014. Introduction: The Prevalence and Pernicious Effect of Sexual Violence on Campus.
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Data from Christopher P. Krebs et al., The Campus Sexual Assaults (CSA) Study: Final Report, published by the U.S. Department of Justice, National Institute of Justice (October 2007):
Nineteen percent of undergraduate women—almost one in five—experience attempted or completed sexual assault while in college.
Sexual assault victims are thirteen times more likely to attempt suicide than non-crime victims, and six times more likely than victims of other crimes.
“The prevalence of rape and sexual assault at our Nation's institutions of higher education is both deeply troubling and a call to action.”
White House Memorandum – Establishing a White House Task Force to Protect Students from Sexual Assault, January 14, 2014
May 2013: OCR complaints against the University of California at Berkeley, the University of Southern California, and Swarthmore College.
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex. All public and private institutions of postsecondary education that receive federal funding from any source must comply with Title IX.
I. Title IX, cont’dBrief Summary: To be in compliance with Title IX, an institution of higher education must— (1) Have grievance or adjudication procedures providing for (i) prompt and equitable resolution of complaints of sexual harassment, (ii) ending the harassment and preventing its recurrence, and (iii) remedying any effects of the harassment on the complainant.
I. Title IX, cont’d(2) Designate one or more employees (“Title IX coordinators”) to coordinate compliance with Title IX regulations. (3) Provide periodic training programs for institutional personnel to ensure that legal concepts associated with sexual harassment are understood, that sexual harassment is prevented, that instances of sexual harassment are promptly investigated and remediated, and that support services are available for complainants.
I. Title IX, cont’dSummary: The biggest risk to the institution would arise if a responsible official were aware of an incident or allegation of sexual harassment and (a) failed to inform the complainant of her or his procedural rights under institutional policy or (b) failed to take immediate steps to investigate what happened and protect the complainant from any recurrence.
II. University PolicyNon-Discrimination: The University of Delaware does not discriminate on the basis of race, color, national origin, sex, disability, religion, age, veteran status, gender identity or expression, or sexual orientation in its programs and activities as required by Title IX of the Educational Amendments of 1972. …The University of Delaware prohibits sexual harassment, including sexual violence.
II. University PolicyNon Retaliation: It is a violation of University policy to retaliate in any way against students or employees because they have raised allegations of sexual or other discriminatory harassment. Person(s) against whom the complaint is lodged also bear a responsibility to abstain from retaliatory behavior toward the complainant(s) and/or any individual participating in the investigation.
III. 11 Del. Code § 903Any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect shall make a report in accordance with § 904 of this title.The Delaware Child Abuse Protection Act applies to ANY person in Delaware who knows about child abuse or has a good-faith reason to suspect that someone has committed child abuse.
The University, as a Delaware corporation, also has an obligation to report. This means EVERY member of our University community (including any student, faculty member, staff member or volunteer)must report known or suspected cases of child abuse.
Find the rules on where to report and what to do; understand the rules; and follow the rules. If you need help with the rules, call the General Counsel’s Office.
Larry White Vice President & General Counsellawwhite@udel.edu x 7361
Dr. Margaret L. Andersen Interim Vice Provost for
Faculty Affairs & Diversity
email@example.com x 7299
Laure Ergin Associate Vice President
& Deputy General Counsellbergin@udel.edu x7366
Thomas LaPenta Chief Human Resources Officer