§ 9005A. Penalty for violation.
§ 9005A. Penalty for violation. (a) Any academic institution that violates § 9002A, § 9004A, or § 9006A(a) of this title may be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $25,000 for each second or subsequent violation within a 5-year period. Any penalty collected under […]
§ 9006A. Annual report.
§ 9006A. Annual report. (a) By October 1 of each year, an academic institution is required to make a report to the Department of Justice detailing the following information for the prior calendar year: (1) Certify its compliance with the training requirements of this section. The certification shall include information on training participation rates for […]
§ 9007A. Limitations.
§ 9007A. Limitations. (a) Nothing in this chapter is intended to contravene or interfere with an academic institution’s responsibilities under Title IX of the Education Amendments of 1972 [20 U.S.C. § 1681 et seq.], the Clery Act [20 U.S.C. § 1092] or any regulations or guidance promulgated thereunder. (b) A violation of this chapter does […]
§ 9001A. Definitions.
§ 9001A. Definitions. As used in this chapter: (1) “Academic institution” means an institution of postsecondary education receiving State funds or a private institution of postsecondary education with campuses physically located in Delaware serving over 1,000 students. (2) “Advocate” means any of the following: a. An employee or volunteer at a domestic violence shelter or […]
§ 9002A. Duties of responsible employees, law enforcement, and academic institutions.
§ 9002A. Duties of responsible employees, law enforcement, and academic institutions. (a) Any responsible employee of an academic institution who is informed by the victim of an alleged sexual assault upon or by a student of the academic institution, shall immediately make an offer to the victim to notify the law-enforcement officers or public-safety officials […]
§ 9003A. Exceptions.
§ 9003A. Exceptions. (a) No responsible employee is required to make an offer to report an alleged sexual assault where the information was obtained through any communication considered privileged or confidential under state or federal law. (b) No responsible employee is required to make an offer to report an alleged sexual assault if that employee […]
§ 9004A. Training.
§ 9004A. Training. (a) Academic institutions shall provide training to responsible employees regarding the prevalence and nature of sexual assaults on college campuses, the requirements of this chapter, and the reporting requirements under Title IX of the Education Amendments of 1972 [20 U.S.C. § 1681 et seq.], or any regulations or guidance promulgated thereunder. This […]