Jan 24, 2022  
2018-2019 Student Handbook 
    
2018-2019 Student Handbook [ARCHIVED CATALOG]

Title IX: Adjudication of Violations


Return to: Title IX: Table of Contents   

 

The College's disciplinary process includes a prompt, fair, and impartial investigation and resolution process. In all instances, the process will be conducted in a manner that is consistent with the institution's policy and that is transparent to the victim and the accused. It is mandated by Delaware State Law that the resolution of domestic violence, dating violence, sexual assault and stalking complaints are completed within 60 days of the report. However, each proceeding allows for extensions of timeframes for good cause with written notice to the victim and the accused of the delay and the reason for the delay. College officials involved in the investigation or adjudication of domestic violence, dating violence, sexual assault, and stalking are trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking as well as how to conduct an investigation and sanctions that protects the safety of the victim and promotes accountability. Furthermore, each policy provides that:

  1. The victim and the accused will have timely notice for meetings at which the victim or accused, or both may be present;
  2. The institution's Title IX preliminary assessment and investigation will not be conducted by officials who have a conflict of interest or bias for or against the victim or the accused;
  3. For the integrity of the investigation, confidentiality should be maintained to the extent possible by Title IX Officials, the victim, the accused and any witness;
  4. The institution may hold concurrent investigations with Student Affairs Office and/or Human Resources, but the Title IX Coordinator will organize and administer all meetings in which another department staff member(s) are present;  
  5. Any victims or accusers will have the same opportunity to have one other person present during any institutional meeting for which their party is present. This person provides the victim or the accused support guidance or advice and will be deemed an "advisor." The Title IX Coordinator must be given written notice of the full name, contact information and address of the victim/accused advisor(s) 24 hours, if time permits, prior to the first meeting the advisor will attend. In addition, a FERPA (Family Educational Rights and Privacy Act) form must be completed on Campus Web prior to the first meeting in which the advisor is present. The College will not limit the choice of the advisor or presence for either the victim or the accused in any meeting or institutional disciplinary proceeding for which their party is present.  The advisor must remain silent at all related meetings but is entitled to request one (1) five (5) minute recess per meeting to speak with their advisee. Should the advisor not adhere to any request made by a Title IX Official during any meeting, they will be escorted out of the meeting and may not be permitted to join in any future meeting without the approval from the Title IX Coordinator. The advisor will not receive any communications from a Title IX Official. It will be victim's or accused responsibility to inform their advisor of any and all information. If the victim or accused is a minor, one parent can be present during any meeting between the minor child and the Title IX officials. Should a parent need to be included because the accused or victim is a minor, the accused/victim can still deem another person an advisor. However the other party is then entitled to have two advisors of choice. The accused/victim is entitled to one advisor change throughout the Title IX proceeding but must place the request in writing to the Title IX Coordinator at a minimum of 24 hours, if time permits, prior to the next meeting.
  6. The victim and the accused will be notified simultaneously, in writing, of the initial, interim and final decision of the Title IX Investigation. Clery Act allows for findings and sanctions to be disclosed that impact the victim. FERPA allows for final results and sanction disclosure as long as it impacts the victim. VAWA (Violence Against Women Act) extends to all forms of sexual misconduct (Domestic Violence, Dating Violence, Sexual Assault and Stalking) for written release of outcome to both parties; and
  7. Where an appeal is permitted under the applicable policy, the victim and the accused will be notified simultaneously in writing of the procedures for the victim and the accused to appeal the result of the Title IX investigation and/or sanction. When an appeal is filed, the victim and the accused will be notified simultaneously in writing of any change to the result prior to the time that it becomes final as well as the final result once the appeal is resolved.

Whether or not criminal charges are filed, the College or a person may file a complaint under the following policies, depending upon the status of the accused (student or employee):

Proceeding Process in Which a Student(s) is Accused of Domestic Violence, Dating Violence, Sexual Assault or Stalking

  1. How to File a Complaint Under this Policy
    One would complete the Title IX Complaint Form available on Campus Web or the College website. The form is automatically submitted to the Title IX Coordinators and can be submitted anonymously. Emails may also be sent to TitleIXCoordinator@gbc.edu. The victim may also directly contact a Title IX Coordinator to report a violation. 
     
  2. How the College Determines Whether This Policy will be Used
    A Title IX Coordinator will be assigned to the complaint and will review the initial complaint and, using the reasonable person standard, determine if a Title IX violation may have occurred. A Title IX Coordinator will inform the Clery Compliance Officer of basic information initially reported to the College about the complaint as required by the Clery Act, which includes the offense being reported omitting victim and accused names, and the geographical location it is reported to have occurred.  A Title IX Coordinator will conduct a preliminary assessment. A preliminary assessment will involve a Title IX Coordinator speaking to the victim and/or the accused. Then the assigned Investigators will produce a fact-finding report stating if a Title IX violation is evident. If so, the Title IX Coordinator will issue a letter simultaneously to the victim and accused that will state that a Title IX Investigation has been opened and the violation that may have occurred.  If no Title IX violation is evident, the complaint will be referred to the Dean of Students and/or Director of Residence and Student Life and/or to Human Resources.
     
  3. Steps in the Proceedings
    After the investigation has been opened, the assigned Investigators will conduct thorough interviews with the victim, accused and any witness that may have relevant information. After all interviews have concluded, the Investigators will produce a fact-finding report to the Title IX Coordinator. The Title IX Coordinator will review the report that may contain interview summaries, sworn statements, photos, videos, reports, etc. Should the report not be exhaustive, the Title IX Coordinator will meet with the Investigators to review what information is still needed in the report. The Investigators will obtain the information and generate a new fact-finding report.
     
  4. Anticipated Timeline
    The Proceedings are completed within 60 days of the initial complaint, per Delaware's House Bill 1. However, each proceeding allows for extensions of timeframes for good cause with written notice to the victim and the accused of the delay and the reason for the delay.
     
  5. Decision-Making Process
    Using the fact-finding report produced by the Investigators, the Title IX Coordinator will deem if the Title IX violation occurred.
     
  6. Standard of Evidence
    The Title IX Coordinator will use preponderance of the evidence ("more likely than not") to determine whether the accused has violated the policy.

     

  7. Possible Sanctions
    • Disciplinary Warning
    • Probation
    • Suspension
    • Expulsion
    • Constructive or Educational Task
    • Completion of Required Training
    • Mediation
    • Housing Reassignment or Removal
    • Hold on Records (transcripts, diplomas, registration privileges)
    • Loss of Institutional Scholarships/Grants
    • Restitution
    • Interim Suspension

If a concurrent investigation was being conducted, the Title IX Coordinator will deliberate with the Dean of Students and/or Director of Residence and Student Life for Student Affairs Office violations prior to the sanction determination. Student Affairs Office includes Student Code of Conduct, Residence Life Policy Handbook, and the Student Handbook. Judicial sanctions are cumulative for the student's career at the College. Judicial files/sanctions are not "reset" every year. The Title IX Coordinator will inform respective College employees such as President, Dean of Students, Director of Residence and Student Life, Security, Residence Life staff, immediate College Supervisor and Human Resources, if applicable, of the sanction decision but not information regarding the violation or case details. Victim and accused names will be given on a need-to-know basis.
 

  1. Range of Protective Measures Available to a Victim Alleging Misconduct
    A Title IX Coordinator may offer to the victim assistance with obtaining a Protection of Abuse order, remote participation during interviews (telephone, videoconferencing, use of a privacy screen, etc.), separate waiting areas during investigation process, safety escorts, and prohibitions against retaliation.
     
  2. Appeal of Decisions/Sanctions
    Upon receiving written notice of a decision and/or sanction from the Title IX Coordinator, the victim or accused (herein referred to as the "appealer") may appeal the sanction imposed by the Title IX Coordinator on the following bases:
    1. The decision and/or sanction imposed is not appropriate in light of the nature of the violation of Title IX.
    2. Lack of evidence of the violation of Title IX.
    3. New evidence which was not previously available and would have a significant impact on the decision/sanction to the student.

The appealer should request a meeting with the Title IX Coordinator to appeal the decision.  The appeal to the Title IX Coordinator should be submitted in writing stating the basis for the appeal within ten (10) business days of receiving the Title IX Coordinator's decision.  The Title IX Coordinator will issue a letter informing both parties that an appeal has been received and information regarding the appeal.  At the meeting with the Title IX Coordinator, the appealer should present any and all materials, evidence, and describe fully any circumstances that would warrant a change in the decision or sanction.  The Title IX Coordinator may assign two different investigators to review the new materials, evidence, and any circumstances that would warrant a change in the decision or sanction.  Concluding the review, the investigators will construct a fact-findings report to the Title IX Coordinator.  The Title IX Coordinator will respond with a written decision simultaneously to both the accuser and accused within ten (10) business days of receiving the findings report.

If the accuser or accused is not satisfied with the Title IX Coordinator's decision of the appeal review, the appealer may submit a final written appeal within ten (10) business days of receiving the Title IX Coordinator's decision.  The appealer should submit the final appeal stating the basis for the appeal, and including supporting documentation in writing to:

Kristine Santomauro
Secretary of Executive Council
Goldey-Beacom College
4701 Limestone Road
Wilmington, DE 19808
kris@gbc.edu

A letter informing both parties that an appeal has been received and information regarding the appeal will be issued.  The Executive Council of the College will meet and deliberate on the circumstances of the complaint and any and all materials and evidence presented by the appealer.  The decision of the Executive Council will be final.  The Secretary of Executive Council will respond with a written decision simultaneously to both the accuser and accused within ten (10) business days of receiving the written appeal.  After the appeal process is finalized, all documentation will be given to the Title IX Coordinator to be placed in secure storage.
 

Proceeding Process in Which an Employee(s), Student Worker, Volunteer or Contracted Third-Party is Accused of Domestic Violence, Dating Violence, Sexual Assault or Stalking

 

  1. How to File a Complaint Under this Policy
    One would complete the Title IX Complaint Form available on Campus Web or the College website. The form is automatically submitted to the Title IX Coordinators and can be submitted anonymously. Emails may also be sent to TitleIXCoordinator@gbc.edu. The victim may also directly contact a Title IX Coordinator to report a violation. 
     
  2. How the College Determines Whether This Policy will be Used
    A Title IX Coordinator will be assigned to the complaint and will review the initial complaint and, using the reasonable person standard, determine if a Title IX violation may have occurred. A Title IX Coordinator will inform the Clery Compliance Officer of basic information initially reported to the College about the complaint as required by the Clery Act, which includes the offense being reported omitting victim and accused names, and the geographical location it is reported to have occurred. A Title IX Coordinator will inform Human Resources that a complaint has been received and coordinate with that department if a representative will be present at any preliminary assessment meeting. A Title IX Coordinator will conduct a preliminary assessment. A preliminary assessment will involve a Title IX Coordinator speaking to the victim and/or the accused. Then the assigned Investigators will produce a fact-finding report stating if a Title IX violation is evident. If so, the Title IX Coordinator will issue a letter simultaneously to the victim and accused that will state that a Title IX Investigation has been opened and the violation that may have occurred. The Title IX Coordinator will inform Human Resources that an investigation has been opened and coordinate with that department if a representative will be present at any investigation meeting. If no Title IX violation is evident, the complaint will be referred to the Dean of Students and/or Director of Residence and Student Life and/or to Human Resources.
     
  3. Steps in the Proceedings
    After the investigation has been opened, the assigned Investigators will conduct thorough interviews with the victim, accused and any witness that may have relevant information. After all interviews have concluded, the Investigators will produce a fact-finding report to the Title IX Coordinator. The Title IX Coordinator will review the report that may contain interview summaries, sworn statements, photos, videos, reports, etc. Should the report not be exhaustive, the Title IX Coordinator will meet with the Investigators to review what information is still needed in the report. The Investigators will obtain the information and generate a new fact-finding report.
     
  4. Anticipated Timeline
    The Proceedings are completed within 60 days of the initial complaint, per Delaware's House Bill 1. However, each proceeding allows for extensions of timeframes for good cause with written notice to the victim and the accused of the delay and the reason for the delay.
     
  5. Decision-Making Process
    Using the fact-finding report produced by the Investigators, the Title IX Coordinator will deem if the Title IX violation occurred.
     
  6. Standard of Evidence
    The Title IX Coordinator will use preponderance of the evidence ("more likely than not") to determine whether the accused has violated the policy.
     
  7. Possible Sanctions
  •  Paid Suspension
  • Unpaid Suspension
  • Restrictions From Some or All Parts of Campus
  • Change in Office/Classroom Assignments
  • Written Reprimand
  • Removal from Classroom Teaching
  • Removal of Administration Position
  • Employment Termination
  • Housing Reassignment or Removal
  • Constructive or Educational Task
  • Completion of Required Training
  • Mediation
  • Restitution
     

If a concurrent investigation was being conducted, the Title IX Coordinator will deliberate with Human Resources and immediate supervisor of the accused employee prior to the sanction determination. The Title IX Coordinator will inform respective College employees such as President, Dean of Students, Director of Residence and Student Life, Security, Residence-Life staff, immediate College Supervisor and Human Resources, if applicable, of the sanction decision but not information regarding the violation or case details. Victim and accused names will be given on a need-to-know basis.

 

  1. Range of Protective Measures Available to a Victim Alleging Misconduct
    A Title IX Coordinator may offer to the victim assistance with obtaining a Protection of Abuse order, remote participation during interviews (telephone, videoconferencing, use of a privacy screen, etc.), separate waiting areas during investigation process, safety escorts, and prohibitions against retaliation.
     
  2. Appeal of Decisions/Sanctions
    Upon receiving written notice of a decision and/or sanction from the Title IX Coordinator, the victim or accused (herein referred to as the "appealer") may appeal the sanction imposed by the Title IX Coordinator on the following bases:
    1. The decision and/or sanction imposed is not appropriate in light of the nature of the violation of Title IX.
    2. Lack of evidence of the violation of Title IX.
    3. New evidence which was not previously available and would have a significant impact on the decision/sanction to the student.

 

The appealer should request a meeting with the Title IX Coordinator to appeal the decision.  The appeal to the Title IX Coordinator should be submitted in writing stating the basis for the appeal within ten (10) business days of receiving the Title IX Coordinator's decision.  The Title IX Coordinator will issue a letter informing both parties that an appeal has been received and information regarding the appeal.  At the meeting with the Title IX Coordinator, the appealer should present any and all materials, evidence, and describe fully any circumstances that would warrant a change in the decision or sanction.  The Title IX Coordinator may assign two different investigators to review the new materials, evidence, and any circumstances that would warrant a change in the decision or sanction.  Concluding the review, the investigators will construct a fact-findings report to the Title IX Coordinator.  The Title IX Coordinator will respond with a written decision simultaneously to both the accuser and accused within ten (10) business days of receiving the findings report.

If the accuser or accused is not satisfied with the Title IX Coordinator's decision of the appeal review, the appealer may submit a final written appeal within ten (10) business days of receiving the Title IX Coordinator's decision.  The appealer should submit the final appeal stating the basis for the appeal, and including supporting documentation in writing to:

Kristine Santomauro
Secretary of Executive Council
Goldey-Beacom College
4701 Limestone Road
Wilmington, DE 19808
kris@gbc.edu

A letter informing both parties that an appeal has been received and information regarding the appeal will be issued.  The Executive Council of the College will meet and deliberate on the circumstances of the complaint and any and all materials and evidence presented by the appealer.  The decision of the Executive Council will be final.  The Secretary of Executive Council will respond with a written decision simultaneously to both the accuser and accused within ten (10) business days of receiving the written appeal.  After the appeal process is finalized, all documentation will be given to the Title IX Coordinator to be placed in secure storage.

 

Proceeding Process in Which a Non-GBC Student/Employee/Student Worker/Volunteer/Contracted third-party is Accused of Domestic Violence, Dating Violence, Sexual Assault or Stalking

 

The Title IX Coordinator will meet with the victim to provide resources, protective measures and accommodations, and assistance in notifying and working with law enforcement as requested (except in a case of a minor, Goldey-Beacom College will adhere to Delaware Chapter 9 of Title 16 requirements and notify law enforcement). A Title IX Coordinator may arrange a meeting with the victim and Campus Security to develop a Safety Action Plan.  A Safety Action Plan is a plan for Campus Security and the victim to reduce the risk of harm while on campus or coming and going from campus. This plan may include, but is not limited to: escorts, special parking arrangements, providing access to a telephone, changing office or classroom location or allowing a student to complete assignments from home.