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Return to: Title IX: Table of Contents
Goldey-Beacom College complies with Delaware law in recognizing a Protection from Abuse order. Any person who obtains an order of protection from Delaware should provide a copy to a Title IX Coordinator in a timely manner. The College will comply with any orders of protection, “no-contact” orders, restraining orders, or similar unlawful orders. A Title IX Coordinator will arrange to meet with the victim and Campus Security to develop a Safety Action Plan. If the victim is an employee of the College, a representative from Human Resources will be invited to the meeting. A Safety Action Plan is a plan to reduce the risk of harm for the victim while on campus or coming and going from campus. This plan may include, but is not limited on: escorts, special parking arrangements, providing access to a telephone, changing office or classroom location, or allowing a student to complete assignments from home.
The College cannot apply for a Protection from Abuse order for the victim. The victim is required to apply directly for the Protection from Abuse order. Instructions for how a victim is able to receive a Protection from Abuse as indicated at http://courts.delaware.gov/family/pfa/ and is listed below:
You do not need an attorney to seek an Order of Protection. Court staff will help you with the necessary forms and volunteers from a Victim Advocacy Program may also be available to help.
Go to the Family Court between the hours of 8:30 am and 4:30 pm, Monday through Friday. If you believe that you are in immediate danger of abuse, you may ask for an emergency (ex parte) hearing that same day. If you will be asking the Court for an emergency (ex parte) hearing, you should go to the Family Court early in the day, but not later than 4:30 p.m.
Ask the clerk for a Protection from Abuse Petition (form #450). If you are asking for an emergency (ex parte) hearing, also ask the clerk for the Affidavit for Emergency Hearing Form. Fill in all the blanks on both forms. Give enough facts for the Court to know how you are being abused and whether you are in immediate danger. A Court staff person will ask you some questions. Be specific with your answers.
| Type of Order |
Who Can File For One |
Court |
How Long Does the Order Last |
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Protection from Abuse
-from any threatening or harmful conduct including serious emotional harm
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A member of a protected class which includes;
- Family as that term is defined in 10 Del. C. §901(12), regardless, however, of the state of residence of the parties;
OR
- Former spouses, a man and a woman cohabitating together with or without a child of either or both, or a man and a woman living separate or apart with a child in common, and persons who are or were involved in a substantive dating relationship
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Family Court
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Generally, can last up to one year and can be extended for an extra six months following another hearing. Depending on the facts of a case, the no contact and no abuse provisions can last up to two (2) years or permanently. (To request an extension, you must file a motion.)
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The College may issue an institutional no contact order if deemed appropriate or at the request of the victim or accused. If the College receives a report that such an institutional no contact order has been violated, the College will initiate disciplinary proceedings appropriate to the student/employee and will impose sanctions if the student/employee is found responsible for violating the no contact order.
Accommodations and Protective Measures Available for Victims
Upon receipt of a report of domestic violence, dating violence, sexual assault or stalking, a Title IX Coordinator will meet with the victim to discuss accommodations available to them, including academic, living, transportation and working situations. A Title IX Coordinator will review information regarding the accommodation options, available assistance in requesting accommodations, and how to request accommodations and protective measures. Applicable law requires that, when taking such steps to separate the victim and the accused, the College must minimize the burden on the victim and thus should not, as a matter of course, remove the victim, without consent, from a job, class or housing while allowing the accused to remain. Any protective measure that affects the accused (i.e. changing the accused’s schedule, changing the accused living situation, etc.) cannot be done without an investigation, as it denies the accused’s process.
At the victim’s request, and to the extent of the victim’s cooperation and consent, the Title IX Coordinator will work with the College offices to obtain accommodations. If reasonably available, a victim may be offered changes to academic, living, working or parking situations regardless of whether the victim chooses to report the crime to local law enforcement. Examples of options for potential change to the academic situation may be to transfer to a different section of a class, withdraw and take a class at another time if there is no option for moving to a different section, etc. Potential changes to living situations may include moving to a different room or residence hall. Possible changes to work situations may include changing working hours. Possible changes to parking may include having the student or employee park in a different location, assisting the student or employee with a safety escort, etc.
To request changes to academic, living, transportation and/or working situations or protective measures, a victim should contact a Title IX Coordinator.
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