Title IX

Title IX of the Education Amendments of 1972 provides that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681 and 34 C.F.R. Part 106 (1972).

Goldey-Beacom College is committed to protecting the rights and dignity of all students, faculty and staff, and seeks to maintain a safe environment that is free from all forms of assault, harassment and discrimination. Any form of sexual misconduct, harassment or discrimination will not be tolerated by the College. Title IX ensures that no one be denied access to their education program or activity on the basis of sex and includes specific prohibitions against sexual harassment.

All complaints or reports of alleged sexual misconduct, gender discrimination, sexual harassment, retaliation and other gender-or-sex-based behaviors will be handed by Title IX Office to determine if the complaint or report violates either Title IX or the College’s institutional prohibitions of conduct on the basis of sex. Every employee of the College who receives a complaint or learns of a possible sexual misconduct must report the incident to the Title IX Office. The College will be prompt, fair and impartial in proceedings to investigate the incident, to take action to eliminate the misconduct, prevent its reoccurrence, and address its effects. In some instances, to protect the safety of the GBC community, an investigation may still go forward even if the complainant requests that no action be taken. The College respects the victim’s privacy but to ensure a complete and fair investigation, some level of disclosure may be necessary.

The College’s Sexual Misconduct Policy outlines our policies and processes in full.

To report these matters, the student/employee is encouraged to complete the online Title IX Complaint Form. The form is automatically submitted to the Title IX Office and can be submitted anonymously. E-mails may also be sent to titleixcoordinator@gbc.edu. Students or employees may also directly contact a member of the Title IX Office. 

A student/employee has the right to notify proper law enforcement authorities, be assisted by a Title IX Coordinator in notifying law enforcement authorities or to decline to notify such authorities*.

*Except if the sexual abuse, dating violence, domestic violence or stalking involves a minor, Goldey-Beacom College will adhere to Delaware Chapter 9 of Title 16 requirements and report the incident to law enforcement.

Title IX: Table of Contents

Abuse of Minors - Obligation to Report Policy

Every employee of the College has the ethical and legal responsibility to report any knowledge or suspicion of sexual or physical abuse of a minor. The term “minor” includes, but is not limited to, enrolled students under the age of 18, dual enrollment students taking both College and high school classwork, youth enrolled in summer athletic camps, and any other person under the age of 18 who is visiting or living on campus. Employees are legally bound to report such abuse even if told in confidence by the minor. Uncertainty about the accuracy of the incident(s) is never an excuse for not reporting.

The College has instituted the following procedures that apply to anyone who sees, hears, or knows about possible child abuse:

1. If you witness an incident involving the sexual or physical abuse of a minor or learn of circumstances involving a minor who faces imminent harm, you must immediately contact the police by calling 911.
2. If you see, hear, or know about a situation involving the sexual or physical abuse of a minor, you must report this knowledge or suspicion to the Delaware Department of Services for Children, Youth and Their Families (“DSCYF”). All such reports should be made by calling the Child Abuse and Neglect Report Line number at 1-800-292-9582. Please note that this is required under Delaware law and failure to follow this requirement could place you at risk of substantial fines by the State. Further, please note that this step must be taken regardless of the severity/immediacy of the incident and must be taken even if you call the police.
3. Finally, any GBC employee who becomes aware of such allegations is also required to report the concern to a Title IX Coordinator.

Immediate action is essential to protect all children on the College’s campus and is required by Delaware law.

College’s Pledge to Promote a Safe Environment: Notice of Non-Discrimination

Goldey-Beacom College is committed to protecting the rights and dignity of all students and seeks to maintain a safe environment that is free from all forms of assault, harassment, and discrimination.  Any form of assault, harassment or discrimination will not be tolerated by the College.

Goldey-Beacom College prohibits the offenses of discriminatory harassment on the basis of sex and sexual harassment, which includes domestic violence, dating violence, sexual assault and stalking (as defined by the Clery Act) and reaffirms its commitment to maintaining a campus environment that emphasizes the dignity and worth of all members of the College Community. Goldey-Beacom College issues this statement of policy to inform the campus community of its programs to address domestic violence, dating violence, sexual assault and stalking as well as the procedures for institutional disciplinary action in cases of alleged sexual misconduct and/or sexual harassment, which includes domestic violence, dating violence, sexual assault and stalking, which will be followed regardless of whether the incident occurred on or off campus when it is reported to a College official under the appropriate grievance procedure as detailed under the Sexual Misconduct Policy in this document.

Other discrimination and harassment prohibited by law includes any verbal or physical conduct toward another that is based on an individual’s race, religion, creed, color, national origin, ancestry, mental and /or physical disability, sex, age, sexual orientation, gender identity, marital status, genetic information, pregnancy, childbirth and related conditions, parenting, family responsibilities, or any other protected category or characteristic, and that (1) unlawfully creates an intimidating, hostile, or offensive learning and/or working environment or (2) unlawfully interferes with an individual’s work or academic performance. Threatening, intimidating, or engaging in hostile acts that create a hostile environment based on an individual’s category or characteristic may constitute unlawful harassment, whether the harasser is a co-worker, supervisor, student, faculty member, contractor, or agent of the College.

Goldey-Beacom College’s Definition of Consent and Non-Consensual Activity

An affirmative decision to engage willingly in mutually acceptable sexual activity given by clear words and/or actions. It is an informed decision made freely and actively by all involved parties. In order for a sexual encounter to be consensual, each participant must agree to engage in each act of the encounter.

• Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understood permission regarding the conditions of sexual activity.
• Consent to one form of sexual activity cannot imply consent to other forms of sexual activity.
• Previous relationships or consent does not imply consent to future sexual acts.
• Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. Coercion is unreasonable pressure to engage in sexual activity.
• Consent is a continual, on-going action. Either party may withdraw consent at any time during the sexual encounter. Consent is withdrawn through words or actions that indicate a clear desire to end sexual activity. Once consent has been withdrawn, all sexual activity must stop immediately.

In order to give consent, one must be of legal age and have the capacity to consent. Incapacity may result from mental disability, intellectual disability, unconsciousness/sleep, age, or use of alcohol, drugs, medication, and/or other substances. Incapacitation is a state where someone cannot make rational, reasonable decisions because the person lacks capacity to give knowing consent (e.g. to understand the “who, what, when, where, why or how” of their sexual interaction). Consent cannot be given by someone who one should know to be, or based on the circumstances, reasonably should have known to be, mentally or physically incapacitated, and acting as though consent has been granted is a policy violation.

The use of alcohol or drugs can limit a person’s ability to give consent freely and clearly. Alcohol and other drugs can lower inhibitions and create an atmosphere of confusion over whether or not consent has been freely and clearly given.

The question of incapacitation is determined on a case-by-case basis using both objective and subjective standards. In evaluating whether a person was incapacitated for the purposes of evaluating effective consent, the College will consider: (1) whether the person initiating the sexual activity knew that their partner was incapacitated; and if not (2) whether a reasonable person in the same situation would have known that their partner was incapacitated.

Examples of when a person should know the other is incapacitated include, but are not limited to:

• the amount of alcohol, medication or drugs consumed;
• imbalance or stumbling;
• slurred speech;
• lack of consciousness or inability to control bodily functions or movements; or
• vomiting.

Being intoxicated or impaired by alcohol or drugs does not diminish one’s responsibility to obtain consent and is never an excuse for sexual misconduct.

Engaging in sexual activity with someone without their consent is prohibited by the College, and any reports of such will be investigated and adjudicated through the applicable grievance procedure depending on whether or not the incident meets the threshold of a violation of Title IX or not.

Jurisdictional Definitions of Consent, Dating Violence, Domestic Violence, Incest, Rape, Sexual Assault, and Stalking

Consent

The State of Delaware defines consent, in relation to sexual activity, with a “without consent” definition as follows:

“Without consent” means:

1. The defendant compelled the victim to submit by any act of coercion as defined in §§ 791 and 792 of this title, or by force, by gesture, or by threat of death, physical injury, pain or kidnapping to be inflicted upon the victim or a third party, or by any other means which would compel a reasonable person under the circumstances to submit. It is not required that the victim resist such force or threat to the utmost, or to resist if resistance would be futile or foolhardy, but the victim need resist only to the extent that it is reasonably necessary to make the victim’s refusal to consent known to the defendant; or
2. The defendant knew that the victim was unconscious, asleep or otherwise unaware that a sexual act was being performed; or
3. The defendant knew that the victim suffered from a cognitive disability, mental illness or mental defect which rendered the victim incapable of appraising the nature of the sexual conduct or incapable of consenting; or
4. Where the defendant is a health professional, as defined herein, or a minister, priest, rabbi or other member of a religious organization engaged in pastoral counseling, the commission of acts of sexual contact, sexual penetration or sexual intercourse by such person shall be deemed to be without consent of the victim where such acts are committed under the guise of providing professional diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed the acts were for medically or professionally appropriate diagnosis, counseling or treatment, such that resistance by the victim could not reasonably have been manifested. For purposes of this paragraph, “health professional” includes all individuals who are licensed or who hold themselves out to be licensed or who otherwise provide professional physical or mental health services, diagnosis, treatment or counseling and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists and hypnotherapists; or
5. The defendant had substantially impaired the victim’s power to appraise or control the victim’s own conduct by administering or employing without the other person’s knowledge or against the other person’s will, drugs, intoxicants or other means for the purpose of preventing resistance.
6. A child who has not yet reached that child’s sixteenth birthday is deemed unable to consent to a sexual act with a person more than 4 years older than said child. Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances.

Dating Violence

The State of Delaware defines dating violence as part of Domestic Violence.

Domestic Violence

The State of Delaware defines domestic violence as follows:

“Domestic violence” means abuse perpetrated by 1 member against another member of the following protected classes:

1. Family, as that term is defined in § 901(12) of this title (Title 10), regardless, however, of state of residence of the parties, or whether parental rights have been terminated; or
2. Former spouses; persons cohabitating together who are holding themselves out as a couple, with or without a child in common; persons living separate and apart with a child in common; or persons in a current or former substantive dating relationship. For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a substantive dating relationship. Factors to consider for a substantive dating relationship may include the length of the relationship, or the type of relationship, or the frequency of interaction between the parties.

Incest

The State of Delaware defines incest as follows:

1. A person is guilty of incest if the person engages in sexual intercourse with another person with whom the person has 1 of the following relationships:

A male and his child.
A male and his parent.
A male and his brother.
A male and his sister.
A male and his grandchild.
A male and his niece or nephew.
A male and his father’s sister or brother.
A male and his mother’s sister or brother.
A male and his father’s wife.
A male and his wife’s child.
A male and the child of his wife’s son or daughter.
A female and her parent.
A female and her child.
A female and her brother.
A female and her sister.
A female and her grandchild.
A female and her niece or nephew.
A female and her father’s sister or brother.
A female and her mother’s sister or brother.
A female and her mother’s husband.
A female and her husband’s child.
A female and the child of her husband’s son or daughter.

1. The relationships referred to herein include blood relationships without regard to legitimacy and relationships by adoption.

Incest is a class A misdemeanor and is an offense within the original jurisdiction of the Family Court. 

Rape

The State of Delaware Defines rape as follows:

Rape in the Fourth Degree:

1.  A person is guilty of rape in the fourth degree when the person:
   1. Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s sixteenth birthday; or
   2. Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse; or
   3. Intentionally engages in sexual penetration with another person under any of the following circumstances:
      1. The sexual penetration occurs without the victim’s consent; or
      2. The victim has not reached that victim’s sixteenth birthday.
   4. [Repealed]
2. Paragraph (a)(3) of this section does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.

Rape in the fourth degree is a class C felony. 

Rape in the Third Degree:

1. A person is guilty of rape in the third degree when the person:
   1. Intentionally engages in sexual intercourse with another person, and the victim has not reached that victim’s sixteenth birthday and the person is at least 10 years older than the victim, or the victim has not yet reached that victim’s fourteenth birthday and the person has reached that person’s nineteenth birthday and is not otherwise subject to prosecution pursuant to § 772 or § 773 of this title; or
   2. Intentionally engages in sexual penetration with another person under any of the following circumstances:
      1. The victim has not reached that victim’s sixteenth birthday and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim.
      2. The sexual penetration occurs without the victim’s consent and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim; or
   3. [Repealed.]
2. Paragraph (a)(2) of this section does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment, or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.
3. Notwithstanding any law to the contrary, in any case in which a violation of subsection (a) of this section has resulted in the birth of a child who is in the custody and care of the victim or the victim’s legal guardian or guardians, the court shall order that the defendant, as a condition of any probation imposed pursuant to a conviction under this section, timely pay any child support ordered by the Family Court for such child.
4. Nothing in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.

Rape in the third degree is a class B felony.

Rape in the Second Degree:

1. A person is guilty of rape in the second degree when the person:
   1. Intentionally engages in sexual intercourse with another person, and the intercourse occurs without the victim’s consent; or
   2. Intentionally engages in sexual penetration with another person under any of the following circumstances:
      1. The sexual penetration occurs without the victim’s consent and during the commission of the crime, or during the immediate flight following the commission of the crime, or during an attempt to prevent the reporting of the crime, the person causes serious physical injury to the victim; or
      2. The sexual penetration occurs without the victim’s consent, and was facilitated by or occurred during the course of the commission or attempted commission of:
         1. Any felony; or
         2. Any of the following misdemeanors: reckless endangering in the second degree; assault in the third degree; terroristic threatening; unlawfully administering drugs; unlawful imprisonment in the second degree; coercion or criminal trespass in the first, second or third degree; or
      3. The victim has not yet reached that victim’s sixteenth birthday and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes serious physical injury to the victim; or
      4. The sexual penetration occurs without the victim’s consent and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or
      5. The victim has not yet reached that victim’s sixteenth birthday and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or
      6. The sexual penetration occurs without the victim’s consent, and a principal-accomplice relationship within the meaning set forth in § 271 of this title existed between the defendant and another person or persons with respect to the commission of the crime; or
      7. The victim has not yet reached that victim’s twelfth birthday, and the defendant has reached that defendant’s eighteenth birthday.
      8. [Repealed.]
2. Nothing in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
3. Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of rape in the second degree in violation of this section shall be 10 years at Level V.

Rape in the second degree is a class B felony. 

Rape in the First Degree:

1. A person is guilty of rape in the first degree when the person intentionally engages in sexual intercourse with another person and any of the following circumstances exist:
   1. The sexual intercourse occurs without the victim’s consent and during the commission of the crime, or during the immediate flight following the commission of the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim; or
   2. The sexual intercourse occurs without the victim’s consent and it was facilitated by or occurred during the course of the commission or attempted commission of:
      1. Any felony; or
      2. Any of the following misdemeanors: reckless endangering in the second degree; assault in the third degree; terroristic threatening; unlawfully administering drugs; unlawful imprisonment in the second degree; coercion; or criminal trespass in the first, second or third degree; or
   3. In the course of the commission of rape in the second, third or fourth degree, or while in the immediate flight therefrom, the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or
   4. The sexual intercourse occurs without the victim’s consent, and a principal-accomplice relationship within the meaning set forth in § 271 of this title existed between the defendant and another person or persons with respect to the commission of the crime; or
   5. The victim has not yet reached that victim’s twelfth birthday, and the defendant has reached that defendant’s eighteenth birthday.
   6. [Repealed.]
2. Nothing contained in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
3. Notwithstanding any law to the contrary, a person convicted of rape in the first degree shall be sentenced to life imprisonment without benefit of probation, parole or any other reduction if:
   1. The victim had not yet reached that victim’s sixteenth birthday at the time of the offense and the person inflicts serious physical injury on the victim; or
   2. The person intentionally causes serious and prolonged disfigurement to the victim permanently, or intentionally destroys, amputates or permanently disables a member or organ of the victim’s body; or
   3. The person is convicted of rape against 3 or more separate victims; or
   4. The person has previously been convicted of unlawful sexual intercourse in the first degree, rape in the second degree or rape in the first degree, or any equivalent offense under the laws of this State, any other state or the United States.

Rape in the first degree is a class A felony.

Sexual Assault

The State of Delaware defines sexual assault as follows:

Sexual Assault in the Third Degree: person is guilty of unlawful sexual contact in the third degree when the person has sexual contact with another person or causes the victim to have sexual contact with the person or a third person and the person knows that the contact is either offensive to the victim or occurs without the victim’s consent.

Sexual Assault in the Second Degree: person is guilty of unlawful sexual contact in the second degree when the person intentionally has sexual contact with another person who is less than 18 years of age or causes the victim to have sexual contact with the person or a third person.

Sexual Assault in the First Degree: person is guilty of unlawful sexual contact in the first degree when:

1. In the course of committing unlawful sexual contact in the third degree or in the course of committing unlawful sexual contact in the second degree, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury to the victim or the person displays what appears to be a deadly weapon or dangerous instrument; or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument.
2. The person intentionally has sexual contact with another person who is less than 13 years of age or causes the victim to have sexual contact with the person or a third person. 

Stalking

The State of Delaware defines stalking as follows:

A person is guilty of stalking when the person knowingly engages in a course of conduct directed at a specific person and that conduct would cause a reasonable person to:

1. Fear physical injury to himself or herself or that of another person; or
2. Suffer other significant mental anguish or distress that may, but does not necessarily, require medical or other professional treatment or counseling.

Federal Definitions of Dating Violence, Domestic Violence, Sexual Assault and Stalking

The Clery Act uses the crime definitions from the National Incident-Based Reporting System (NIBRS) and the Violence Against Women Act (VAWA) as follows:[LM1] 

Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence

The term “domestic violence” includes felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who:

• is a current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim;
• is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
• shares a child in common with the victim; or
• commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.

Sexual Assault

An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim if incapable of giving consent.”

Rape: The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

Fondling: The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress.

For the purposes of this definition-

1. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Procedures Individuals Should Follow if a Crime of Domestic Violence, Dating Violence, Sexual Assault, Sexual Harassment or Discriminatory Harassment on the Basis of Sex Occurs

Preserving Evidence

After an incident of sexual assault, dating violence or domestic violence, the victim should consider seeking medical attention as soon as possible at a local hospital. It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where the victim was assaulted if the offense occurred within the past 96 hours so that evidence may be preserved that may assist in proving that the alleged criminal offense occurred/or is occurring or may be helpful in obtaining a protection order. Any physical evidence should not be kept in a plastic bag; a brown bag or pillowcase should be used. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted infections. Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, and other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to College Investigators or police.

As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining Protection from Abuse orders related to the incident more difficult. If a victim chooses not to make a complaint regarding an incident the victim should consider speaking with Campus Security or other law enforcement to preserve evidence. This will assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order in the event that the victim decides to report the incident to law enforcement or the College at a later date.

Involvement of Law Enforcement

Although the College strongly encourages all members of its community to report violations of this policy to law enforcement (including Campus Security and/or local police), it is the victim’s choice whether or not to make such a report. Furthermore, victims have the right to decline to notify law enforcement. This choice is not available in the case of minors as Goldey-Beacom College will adhere to Delaware Chapter 9 of Title 16 requirements and report the incident to law enforcement. .The College’s Title IX Coordinator will assist with notifying law enforcement if the victim so desires. Delaware State Police may also be reached directly by calling (302) 633-5000, or in person at 3301 Kirkwood Highway, Wilmington, DE 19808. Additional information about the Delaware State Police may be found online at: http://dsp.delaware.gov/locations.shtml. Should the victim choose to decline to have law enforcement contacted, the College is willing to assist the victim.  The Title IX Coordinator will also assist individuals who do not want to contact law enforcement but may wish to utilize supportive measures or initiate institutional proceedings.

Reporting Incidents of Domestic Violence, Dating Violence, Sexual Assault, Stalking, Sexual Harassment or Discriminatory Harassment on the Basis of Sex

Victims of domestic violence, dating violence, sexual assault, stalking, sexual harassment and/or discriminatory harassment on the basis of sex can report the incident promptly by:

1. Contacting the police: Calling 911 and Campus Security if the victim is in the midst of any kind of emergency, immediate harm, or threat of harm. Campus Security can be contacted 24 hours a day, seven days a week at 302-547-0988,
2. Completing the online Title IX Complaint Form. The form is automatically submitted to the Title IX Office and can be submitted anonymously, or
3. Contacting the Title IX Office. Any person may report sexual discrimination, including sexual harassment (whether or not the person reporting is the person allegedly the victim of conduct that could constitution sex discrimination or sexual harassment. Reports may be made in person, by mail, by phone, or by email using the information below. Reports may be made at any time, including non-business hours.  

Filing a Complaint with the Office for Civil Rights

The Office for Civil Rights (OCR) is a sub-agency of the US Department of Education that is primarily focused on enforcing civil rights law prohibiting discrimination in education institutions. File a complaint with the Office for Civil Rights (OCR) within 180 days from the date of the incident that is the basis of your complaint, although there may be limited exceptions that would allow additional time. To file a complaint with OCR, use one of the methods outlined below.

Online: OCR’s electronic complaint form

Mail: You may mail information to:
Office for Civil Rights - Philadelphia Office
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323

Fax: (215) 656-8605

Email: ocr.philadelphia@ed.gov

Guidance from OCR on how to file a complaint is provided below:

You may use OCR’s Discrimination Complaint Form or write your own letter or e-mail. If you write your own letter/e-mail, please include:

• The complainant’s name, address and, if possible (although not required), a telephone number where the complainant may be reached during business hours;
• Information about the person(s) or class of persons injured by the alleged discriminatory act(s) (names of the injured person(s) are not required);
• The name and location (city and state) of the institution that committed the alleged discriminatory act(s); and
• A description of the alleged discriminatory act(s) in sufficient detail to enable OCR to understand what occurred, when it occurred, and the basis for the alleged discrimination.

For those without current email accounts, Internet access may be freely available from your local public library, and free email accounts are available from several large providers. 

Sexual Misconduct Grievance Procedures and Investigations

The College’s prohibition against discriminatory harassment on the basis of sex applies to current students, employees, and contracted employees. Should there be a report of discriminatory harassment on the basis of sex from an employee of the College, the Title IX Office may confer with a representative from Human Resources regarding investigative steps, any immediate action, and/or subsequent sanctioning. 

Title IX and the Federal Definition of Sexual Harassment

The U.S. Department of Education mandates that Title IX applies to persons in the United States and that the College must respond when federally defined sexual harassment occurs in the College’s education program or activity in the United States. The federal regulation is explicit that “education program or activity” includes locations, events, or circumstances wherein the College had substantial control over both the respondent and the context in which the alleged sexual harassment took place.

Federal regulations permit an institution to investigate and issue disciplinary sanctions for conduct that falls outside the scope of “educational program or activity.” When a report of sexual harassment is received but does not meet the criteria of the federal definition, the institution must dismiss this report from Title IX. However, the College utilizes its discretionary privilege in prohibiting conduct that is not encompassed within the federal definition or scope of Title IX-protected sexual harassment.

Allegations of misconduct that, as reported, implicate the Department of Education’s definition of “sexual harassment” and are reported to have occurred in a College program or activity shall proceed pursuant to the Title IX Grievance Procedures.

Allegations of sex discrimination or sex misconduct that do not rise to the level of a policy violation under Title IX will proceed pursuant to the Non-Title IX Grievance Procedures[LM2] .

The Title IX Coordinator is the College official designated to evaluation reports to determine which law(s) apply, which policies are implicated by the reported conduct, and which grievance procedure to utilize to resolve such reported behavior. If a Title IX Coordinator cannot evaluate the report due to an absence or a conflict of interest, a Title IX Deputy Coordinator may be designated to perform this evaluation of a report.

Title IX Grievance Procedures

Should a member of the College Community feel that they have been a victim of sexual harassment as defined by the federal government, the College will follow the below grievance procedure:

1. Report of incident is received by a Title IX Coordinator
2. The Title IX Coordinator meets with the complainant to discuss available resources and supportive measures. The complainant does not need to move forward with a formal complaint to receive such, as long as the supportive measures are not punitive toward the respondent.
3. The Title IX Coordinator will offer for the complainant to sign and submit a formal complaint, which triggers an institutional investigation into the incident.
   1. If the complainant does not wish to sign a formal complaint, there are limited circumstances in which a Title IX Coordinator will sign the formal complaint. The College strives to empower complainants to make their own choices regarding investigations into the reported incidents.
   2. However, should there be a larger threat to the College Community present or should the respondent have other complaints associated with them, a Title IX Coordinator may sign the formal complaint even if the complainant does not wish to move forward with an institutional investigation.  In these incidents, “Goldey-Beacom College” becomes the complainant.  For this to occur, the College’s Executive Leadership Team must be informed of the incident and approval must be obtained.
4. Once a signed formal complaint is received, a Title IX Coordinator will notify both the complainant and the respondent in writing of the reported incident and impending investigation.
   1. This notice will contain sufficient details known at the time, such as the identities of the parties, alleged conduct, and date and time of the incident.
   2. This notice will be explicit that the respondent is always assumed to be not in violation of the College’s policy.
   3. This notice will inform both complainant and respondent of their right to an advisor of choice and that, if an advisor is not at the live hearing for either party, the College will provide one. This advisor is not permitted to speak during interview sessions, but may request a short, five-minute break to consult with their respective party.
   4. This notice will contain the institutional policy regarding Misrepresentation Violations.
5. A Title IX Coordinator will initiate contact with the respondent to offer resources and supportive measures.
6. Investigator(s) will be assigned to the case. For the majority of complaints, the College will utilize third-party investigators. The investigators will gather evidence and both parties will have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
7. Once the investigators have conducted all interviews and compiled a draft report, the Title IX Coordinator will share a copy of the report as well as all related evidence to both parties as well as their advisors. Each party will have ten (10) business days to respond to the evidence. Their response can include, but is not limited to, requests to follow-up with certain witnesses, additional comments on their individual interview write-up, or submitting additional evidence.
8. The investigators will integrate any responses from the parties into their investigative report and will create a summary of relevant evidence. The investigative report and evidentiary summary combined is considered the finalized report. This finalized investigative report will be shared with both parties and each will be granted ten (10) business days to respond. This response is not an opportunity to request additional follow-up but does provide both parties a chance to submit a written response to the report.
9. A Title IX Coordinator will schedule the hearing to take place no less than ten (10) business days after the final report has been shared with both parties and their advisors. This hearing will include both parties, their advisors of choice, a hearing board comprised of staff and/or faculty representation, and any relevant witnesses. All hearings will be conducted via Zoom video-conferencing software. Requests for an in-person hearing will be evaluated on the basis of providing reasonable accommodations.
10. During the hearing, the members of the hearing board will ask questions to either party during the hearing. Additionally, each party’s advisor will have the opportunity to submit any relevant questions to the hearing board up to 24 hours before the scheduled hearing. Questions must be submitted to the Title IX Coordinator, and the hearing board will approve or deny each question based on whether or not it is relevant. The advisor will receive the approved questions prior to the hearing and will pose the question to the relevant party.
11. After all questioning has taken place, which can include questioning of witnesses, the hearing board will deliberate on (1) whether or not the policy violation occurred and (2) any sanctions that should be issued if applicable. The hearing board will issue a determination of responsibility within five (5) business days of the hearing.
12. The Title IX Coordinator will meet with both the complainant and the respondent to review the findings of the investigation and subsequent hearing. The Title IX Coordinator will also provide the Appeal Process available to either party.
13. The Title IX Coordinator will issue written statements to both parties detailing the findings of the investigation and any sanctions that were issued. The complainant will not receive specific information on the sanctions issued unless they are directly related to the complainant. 

The below list includes the specific rights afforded to both parties and their advisors during hearings for cases moving through the Title IX Grievance Procedures.

• Each party’s questions will be asked, given that the hearing board has determined that the question is relevant.
• The hearing will be conducted in real time via Zoom video-conferencing software, although it may occur with the parties located in a shared, physical space at the request of a party or the institution.
• If a party does not have an advisor of choice at the hearing, the school will provide an advisor without fee or charge.
• Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
• The College does not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

Non-Title IX Grievance Procedures

Should a member of the College Community feel that they have been a victim of sex-based discrimination as defined by the College, the College will follow the below grievance procedure:

1. Report of incident is received by a Title IX Coordinator
2. The Title IX Coordinator meets with the complainant to discuss available resources and supportive measures. The complainant does not need to move forward with a formal complaint to receive such, as long as the supportive measures are not punitive toward the respondent.
3. The Title IX Coordinator will offer for the complainant to sign and submit a formal complaint, which triggers an institutional investigation into the incident.
   1. If the complainant does not wish to sign a formal complaint, there are limited circumstances in which a Title IX Coordinator will sign the formal complaint. The College strives to empower complainants to make their own choices regarding investigations into the reported incidents.
   2. However, should there be a larger threat to the College Community present or should the respondent have other complaints associated with them, a Title IX Coordinator may sign the formal complaint even if the complainant does not wish to move forward with an institutional investigation.  In these incidents, “Goldey-Beacom College” becomes the complainant.  For this to occur, the College’s Executive Leadership Team must be informed of the incident and approval must be obtained.
4. Once a signed formal complaint is received, a Title IX Coordinator will notify both the complainant and the respondent in writing of the reported incident and impending investigation.
   1. This notice will contain sufficient details known at the time, such as the identities of the parties, alleged conduct, and date and time of the incident.
   2. This notice will be explicit that the respondent is always assumed to be not in violation of the College’s policy.
   3. This notice will inform both complainant and respondent of their right to an advisor of choice and that, if an advisor is not at the live hearing for either party, the College will provide one.  This advisor is not permitted to speak during interview sessions, but may request a short, five-minute break to consult with their respective party
   4. This notice will contain the institutional policy regarding Misrepresentation Violations.
5. A Title IX Coordinator will initiate contact with the respondent to offer resources and supportive measures.
6. Investigator(s) will be assigned to the case. For the majority of complaints, the College will utilize third-party investigators. The investigators will gather evidence and bother parties will have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.  
7. Once the investigators have conducted all interviews and compiled a draft report, the Title IX Coordinator will allow both parties an opportunity to review the full investigative report in the Title IX Coordinator’s office. Each party will have ten (10) business days to respond to the evidence. Their response can include, but is not limited to, requests to follow-up with certain witnesses, additional comments on their individual interview write-up, or submitting additional evidence.
8. The investigators will integrate any responses from the parties into their investigative report and will create a summary of relevant evidence. The investigative report and evidentiary summary combined is considered the finalized report. This finalized report will be shared with both parties and each will be granted ten (10) business days to respond. This response is not an opportunity to request additional follow-up but does provide both parties a chance to submit a written response to the report.
9. A Title IX Coordinator will schedule the hearing to take place at least ten (10) business days after the final report has been shared with both parties and their advisors. This hearing will include both parties, their advisors of choice, a hearing board comprised of staff and/or faculty representation, and any relevant witnesses. Should either party wish to conduct the hearing remotely, the College will accommodate this request and the hearing will take place utilizing Zoom.
10. During the hearing, the members of the hearing board will ask questions to either party during the hearing. Additionally, each party and/or their advisor have the opportunity to submit any relevant questions to the hearing board up to 24 hours before the scheduled hearing. Questions must be submitted to the Title IX Coordinator, and the hearing board will approve or deny each question based on whether or not it is relevant. Questions from either party will be asked by the Chair of the Hearing Board present for the hearing.
11. After all questioning has taken place, which can include questioning of witnesses, the hearing board will deliberate on (1) whether or not the policy violation occurred and (2) any sanctions that should be issued if applicable. The hearing board will issue a determination of responsibility within five (5) business days of the hearing.
12. A Title IX Coordinator will meet with both the complainant and the respondent to review the findings of the investigation and subsequent hearing. A Title IX Coordinator will also provide the Appeal Process available to either party.
13. A Title IX Coordinator will issue written statements to both parties detailing the findings of the investigation and any sanctions that were issued. The complainant will not receive specific information on the sanctions issued unless they are directly related to the complainant.

The below list includes the specific rights afforded to both parties and their advisors during hearings for cases moving through the Non-Title IX Grievance Procedures.

• Each party’s questions will be asked, given that the hearing board has determined that the question is relevant.
• The hearing will be conducted in real time, although it may occur with the parties located in separate rooms or via an online video platform at the request of a party or the institution.
• If a party does not have an advisor at the hearing, the school will provide an advisor without fee or charge.
• Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
• The College does not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

Notes on the Investigative Process for Both Title IX and Non-Title IX Grievance Procedures

The following are key components of every investigation conducted into matters of sexual misconduct:

• The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the investigators.
• Investigators cannot access, consider, disclose, or otherwise use a party’s information protected under a legally recognized privilege unless the person holding such privilege waives the privilege.
• Parties must have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
• There can be no restriction on either party preventing them from discussing the allegations or to gather and present relevant evidence.
• The parties must have the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice.
• The institution may establish restrictions regarding the extent of participation of the advisors in investigation meetings as long as they are applied equally to both parties.
• Written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate must be given.
• Both parties wil be provided an equal opportunity to inspect and review any evidence obtained as part of the investigation.
• Prior to completion of the investigative report, the parties and their advisors must receive the evidence subject to inspection and have at least ten (10) business days to submit a written response.
• Creation of an investigative report that fairly summarizes relevant evidence and provide to the parties, and their advisors in the case of Title IX Hearings, at least ten (10) business days prior to the hearing.

Conflict of Interest

Should either party feel that a Title IX Coordinator, investigator or hearing board member has a conflict of interest that would prevent them from acting without bias, the party should notify the Title IX Coordinator or designee so an adjustment can be made to ensure a fair and equitable process. 

Emergency Removal and Possible Sanctions

Emergency Removal

Upon receipt of a report of sexual misconduct, should the respondent’s continued presence on the College’s Campus pose an immediate threat to the physical safety of the complainant or other members of the College Community, the College may decide to remove the respondent, if a student, from the residence halls (if applicable), classes and/or the campus as a whole. Should the College decide to remove a respondent, the respondent will be given adequate notice of this removal and will be granted ten (10) business days to appeal this decision.

Emergency removals cannot be enacted for the mental or emotional health or safety of the complainant, respondent, or College Community. The risk must be someone’s physical safety. The threat of violence toward someone’s physical safety, however, could satisfy the Emergency Removal criteria and could result in an Emergency Removal.

Should the respondent be an employee, it may be determined that the employee is to be put on Administrative Leave for the duration of the investigation. This determination will be made by the Title IX Coordinator and a Human Resources representative.

Misrepresentation Violations

The success of the College’s grievance procedures rely, in part, on each party’s ability to accurately represent themselves. The College does not take false statements or misrepresentation during the reporting process or grievance procedures lightly. Misrepresentation violations include:

• Falsification of information, which includes any form of providing false or misleading information, in writing, orally, or electronically, in a manner which has the intent or effect of deceiving authorized College personnel, or of altering or falsifying official institutional records or documents; and
• Providing false or misleading information including utterance of false testimony or submission of false written statements at any proceeding authorized by this document.

A party found to be misrepresenting could have all statements and testimony discredited or discarded, and/or could be sanctioned, which will be adjudicated as detailed in the Code of Conduct.

Possible Sanctions

Below is a list of available sanctions that could be levied if a student is found to be in violation of the College’s Sexual Misconduct Policy:

The sanctioned student will have ten (10) business days from the date of the sanction to submit a written request for appeal should the student choose.

• Probation: Probation is a period of review during which the student must comply with all College rules, regulations, and polices. This action is a period of official censure. A probation action may specify any conditions with which the individual must comply or any privileges which may be withheld. Probation may include, but is not limited to, the loss of privilege to represent the College in an official capacity (e.g., varsity intercollegiate events, holding office, or participation in campus government or related organizations). Violations during this period may result in further discipline.
• Suspension: Suspension from the College is the termination of student status for a specified period of time. A student may not attend classes, take exams, receive grades, or be on College property. After this period of time, the student must seek written approval from a Title IX Coordinator to return to the College. The hearing officer may establish additional requirements which must be fulfilled to the Title IX Coordinator’s satisfaction prior to reinstatement. There will be no refunding of tuition or fees.
• Expulsion: Expulsion is the permanent, involuntary separation from the College due to conduct violations. A student is not permitted on College property. There will be no refunding of tuition or fees.
• Other Sanctions: The College may impose any other sanction depending upon the circumstances and the nature of the violation, e.g. assignment of a paper, fines. This could include, but is not limited to:
  • Constructive or Educational Task: The student is assigned a task which benefits the individual, campus, or community. This task can be given alone or in conjunction with another sanction.
  • Housing Reassignment/Removal: A student may be involuntarily reassigned to a new location on campus. This action may include restriction from entering any College-owned housing for a designated period of time, or permanently. There is no refunding of fees in accordance with College policy. No priority will be afforded to the student when returning to College-owned housing.
  • Hold on Records: The College may hold transcripts, diplomas, registration privileges, or other official records pending the disposition of cases and completion of sanctions if such action is reasonably necessary to preserve the College’s ability to enforce its disciplinary rules.
  • Interim Suspension: A Title IX Coordinator or designee may impose an interim suspension and/or loss of privileges including removal from the College Campus and/or College-owned housing upon any student whose presence on campus constitutes a threat to the health, safety, and welfare of the student, or the welfare of the College, its property or personnel. Any such suspension will take immediate effect and will remain in force.

Consolidation of Complaints

The College may consolidate formal complaints as to allegations of sexual harassment against more than one respondent or by more than one complainant against one or more respondents where the allegations of sexual harassment arise out of the same facts or circumstances. Where a grievance procedure involves more than one complainant or more than one respondent, references in this policy to the singular “party,” “complainant,” or “respondent” include the plural as applicable.

When the College consolidates complaints, notice documents will be sent to each complainant that does not contain personally identifiable information of the other complainants unless providing such information is vital to gathering the relevant evidence.

When a consolidation of complaints occurs, “Goldey-Beacom College” becomes the complainant.  For this to occur, the College’s Executive Leadership Team must be informed of the incident and approval of the consolidation must be obtained.

Dismissal of Complaints

The College must dismiss a complaint from the Title IX Grievance Procedures if the conduct alleged in the formal complaint would not constitute sexual harassment as defined by the Department of Education. This would include if the alleged conduct did not occur in the College’s education program or activity or did not occur against a person in the United States.

However, a complaint that is dismissed from Title IX may be investigated and adjudicated under the Non-Title IX Grievance Procedures if the alleged conduct would be in violation of the College’s Sexual Misconduct Policy.

Additionally, the College may dismiss the formal complaint or any allegations therein, 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 complaint or any allegations therein; the respondent is no longer enrolled at or employed by the College; or specific circumstances prevent the College, the Title IX Coordinator, or the investigators from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Appeal Process

Each party involved in a sexual misconduct case has equal opportunity to appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility.

To appeal, the party must submit their written appeal to the Title IX Coordinator within ten (10) business days of receiving the dismissal or determination. This written appeal must contain the grounds for appeal. The grounds for appeal are as follows:

1. Procedural irregularity that affected the outcome/dismissal/determination.
2. New evidence that could have an effect on the outcome was not reasonably available at the time the dismissal or determination of responsibility was made.
3. The Title IX Coordinator, investigator(s), or hearing-board members had a conflict of interest or bias against an individual party, or for or against complainants or respondents in general that affected the outcome/dismissal/determination.

If the Title IX Coordinator receiving and reviewing the appeal determines that the appellate ground did not affect the outcome, the original determination of responsibility from the investigation and hearing stands. Should the grounds for appeal be met, the Title IX Coordinator will notify the other party in writing that an appeal has been received.

The appeal will be decided by three (3) members on the hearing board who were not involved in the investigative process or hearing, and who are free of conflict of interest and bias, and who will not serve as investigator, Title IX Coordinator, or decision-maker in the same case.

Each party will be granted an opportunity to submit a statement in writing within ten (10) business days of notification of a received appeal to the hearing board members for review. The three (3) individuals will review the statements and determine whether or not the appeal should be granted.

The determination and any applicable sanctions from this appeal process is considered final.

Supportive Measures and Accommodations

Upon receipt of a report of sexual misconduct, a Title IX Coordinator will meet with them both complainant and respondent 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. A request for supportive measures that affect the accused (i.e. changing the accused’s schedule, changing the accused’s living situation, etc.) cannot be granted without an investigation that finds the respondent responsible of violating the College’s Sexual Misconduct Policy.

At an individual’s request, and to the extent of that individual’s cooperation and consent, the Title IX Coordinator will work with College offices to obtain accommodations. If reasonably available, an individual may be offered changes to academic, living, working or parking situations regardless of whether the incident was reported 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 supportive measures, a victim should contact a Title IX Coordinator as identified in this document.

Individuals with a documented disability can request an accommodation by contacting the College’s Special Accommodations Coordinator, Deborah Harbaugh, harbaugh@gbc.edu and (302) 225-6211

On and Off Campus Services for Victims

The College is empathetic to the unique struggle of reporting an incident of sexual misconduct. Similarly, going through the grievance procedures as either respondent or complainant can be difficult, and the College encourages all involved parties to utilize the resources as detailed below.

The College’s students are able and encouraged to use the College’s Mental Health & Wellness Center on campus. This Center provides the following services:

• Individual counseling;
• Fireside Chat informal discussion groups;
• Classroom presentations and engagement, and
• Consultations for faculty, staff, athletics, parents and resident assistants

Location: Services are conducted primarily in-person in Jackson Hall with virtual services available as requested.

Telephone: (302) 225-6362

To schedule an appointment: Students are welcome to make an appointment by visiting the Mental Health & Wellness Center in Jackson Hall during posted Drop-In Hours or by emailing healthandwellness@gbc.edu.

For afterhours emergencies, call 911 or Crisis Mobile Support, 1-800-652-2929

Drop-In Hours vary by the day and can be found on the Mental Health & Wellness Center website or in the Student Affairs newsletter.

The Mental Health & Wellness Center protects the confidentiality of information disclosed during sessions as well as enrollment in treatment in the interest of client well-being.

State and Federal exceptions to confidentiality are as follows:

• Child abuse/neglect must be reported to Delaware Division of Family Services (including historical reports);
• Imminent danger to the client or others requires duty to warn the third party and measures taken to ensure the client’s personal safety which may include hospitalization, informing the Dean of Students, Campus Security, or local authorities;
• A judicial subpoena or state/federal court mandate;  or
• Written or verbal consent by the client or guardian to disclose specific information to an identified third party.

In these situations, it is recommended that the student or employee contact a clinical provider who will discuss with the client or guardian directly should any of the above, exceptional situations occur. When an exceptional situation as listed above is encountered, please be advised that the minimum information required will be discussed.

Goldey-Beacom College’s Mental Health & Wellness Center is designated as a confidential resource for members of the College Community who wish to discuss an incident of sexual misconduct without or before reporting to a Title IX Coordinator. Individuals who are not prepared to make a report or who may be unsure how to label what happened to them, but wish to seek information and support are encouraged to contact a confidential resource. As discussed below, some of these confidential resources do not report any information to the College’s Title IX Coordinator (professional, licensed counselors and clinical interns providing mental health counseling at the College).

Any clients who utilizes a confidential resource may still chose to file a complaint with a Title IX Coordinator or report the incident to law enforcement and have the incident fully investigated.

Professional, licensed counselors and clinical interns who provide mental health counseling to members of the College Community will not report any information to a Title IX Coordinator without written permission from the client. This protection also extends to individuals who work or volunteer in these offices, including front desk staff and students-workers.

Note: While these professional counselors and clinical interns may maintain a client’s confidentiality in the College setting, they may have other reporting or disclosure obligations under state and/or federal law, including mandatory reporting of child abuse, situations in which the patient or client presents a danger to themselves or others, and when responding to subpoenas compelling document production or testimony at trial or in a deposition.

Upon receipt of a report of sexual misconduct, Goldey-Beacom College will provide written notification to the reported parties about existing assistance with and/or information about obtaining resources and services including counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and assistance in notifying appropriate local law enforcement. In addition, the College provides a written notification to students and employees about existing assistance each year in the form of the Annual Security Report, which is distributed as described in this document.

The College offers assistance in the area of student financial aid. These services can be obtained by contacting the Financial Aid/Advisement Office at (302) 225-6265 or by email at finaid@gbc.edu.

None of the following services are available to students on the Goldey-Beacom College campus: victim advocacy, legal assistance, and visa and immigration assistance. Off-campus services are listed below; if there are any further questions on how to access any of these services, or other services such as these, an individual may follow-up with the Title IX Office for further guidance.

Other resources available to persons who report being the victim of sexual assault, domestic violence, dating violence, or stalking, include:

• Department of Justice
• Department of Education - Office of Civil Rights

Assistance for Victims: Rights and Options

Regardless of whether a victim elects to pursue a criminal complaint, whether the offense is alleged to have occurred on or off campus, or whether the accused is a student or employee of the College or not, the College will assist victims of sexual assault, domestic violence, dating violence, and stalking. A Title IX Coordinator will provide each victim with information of a victim’s rights and options. The rights and options will include:

• the procedures victims should follow if a crime of dating violence, domestic violence, sexual assault, or stalking has occurred;
• information about how the institution will protect the confidentiality of victims and other necessary parties to the extent possible;
• a listing of available counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance and other services on and/or off campus;
• a statement regarding the College’s provisions about options for, available assistance in, and how to request accommodations and protective measures; and
• an explanation of the procedures for the College’s disciplinary action.

Rights of Victims and the College’s Responsibility for Orders of Protection, “No Contact” Orders, Restraining Orders, or Similar Lawful Orders Issued by a Criminal, Civil, or Tribal Court or by the College

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 the Title IX Office in a timely manner. The College will comply with any orders of protection, “no-contact” orders, restraining orders, or similar unlawful orders. The Title IX Office 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 are 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.

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.

Risk Reduction

With the knowledge that only abusers are responsible for their abuse, the following are some strategies to reduce one’s risk of sexual assault or harassment. (taken from Rape, Abuse, & Incest National Network)

1. Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation.
2. Try to avoid isolated areas. It is more difficult to get help if no one is around.
3. Walk with purpose. Even if you don’t know where you are going, act like you do.
4. Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be.
5. Try not to load yourself down with packages or bags as this can make you appear more vulnerable.
6. Make sure your cell phone is with you and charged and that you have cab money.
7. Don’t allow yourself to be isolated with someone you don’t trust or someone you don’t know.
8. Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.
9. When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation.
10. Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.).
11. Don’t leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one.
12. Don’t accept drinks from people you don’t know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from the punch bowls or other large, common open containers.
13. Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately.
14. If you suspect you or a friend has been drugged, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others).
15. If you need to get out of an uncomfortable or scary situation here are some things that you can try:
    1. Remember that being in this situation is not your fault. You did not do anything wrong; it is the person who is making you uncomfortable that is to blame.
    2. Be true to yourself. Don’t feel obligated to do anything you don’t want to do. “I don’t want to” is always a good enough reason. Do what feels right to you and what you are comfortable with.
    3. Have a code word with your friends or family so that if you don’t feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.
    4. Lie. If you don’t want to hurt the person’s feelings it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else that you need to be, etc.
16. Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby?
17. If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later.

Warning Signs of Domestic Violence and Abuse

Physical injury is usually the most common abusive behavior to recognize. However, it is important to have an understanding of and observe other warning signs of an abusive relationship.  Below is a list of common warning signs. 

• Checking cell phones, emails, or social networks without permission
• Extreme jealousy or insecurity
• Constant belittling or put-downs
• Explosive temper
• Isolation from family and friends
•  Making false accusations
•  Erratic mood swings
• Physically inflicting pain or hurt in any way
• Possessiveness
• Telling someone what to do
• Repeatedly pressuring someone to have sex
• Controlling over interactions with others
• Attempts to control someone’s finances
• Repeatedly pressuring someone to engage in any behavior in which they do not wish to engage (e.g. drug/alcohol use)
• Refusal to honor agreed upon birth control methods
• Humiliating someone in front of others

It is always important for individuals who witness or suspect that someone they know is a victim of an abusive relationship to speak up and take action.

• Get assistance by contacting the Title IX Office or nearby counseling centers.
• Consider contacting Campus Security and/or the Title IX Office.
• Consider contacting the Delaware State Police and receive assistance with obtaining a protection order.
• Trust your instincts; if something does not feel right, speak up or take action.

How to Be an Active Bystander

Bystanders play a critical role in the prevention of sexual and relationship violence. They are “individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it.”[1] The College wants to promote a culture of community accountability where bystanders are actively engaged in the prevention of violence without causing further harm.  Below is a list[2] of some ways to be an active bystander. If someone else is in immediate danger, dial 911.”Immediate danger” could be when a person is yelling at or being physically abusive towards another and it is not safe to interrupt.

1. Watch out for your friends and fellow students/employees. If you see someone who looks like they could be in trouble or need help, ask if they are okay.
2. Confront people who seclude, hit on, and try to make out with, or have sex with people who are incapacitated.
3. Speak up when someone discusses plans to take sexual advantage of another person.
4. Believe someone who discloses sexual assault, abusive behavior, or experience with stalking.
5. Refer people to on or off campus resources listed in this document for support in health, counseling, or with legal assistance.

Any faculty, staff, or student who witnesses or has knowledge of a crime including violations of sexual misconduct is considered a bystander.  The College strongly encourages the intervention of bystanders to help prevent and/or report a crime in safe ways.  Bystander intervention is “recognizing a potentially harmful situation or interaction and choosing to respond in a way that could positively influence the outcome.”  To intervene safely, bystanders should intervene in groups rather than individually.  Choosing a method of intervention that de-escalates the situation is safer than attempting a confrontation; however, there is no one single rule for every situation.  The College will take all reasonable supportive measures for victims and any bystanders who have intervened in the situation. The reasons for any accommodations/supportive measures will remain confidential to the extent possible as long as the confidentiality does not impair the ability of the College to provide the accommodations/supportive measures. The College will provide written notification to a victim or bystander regarding the supportive measures the College can take, if needed.

[1] Burn, S.M. (2009). A situational model of sexual assault prevention through bystander intervention. Sex Roles, 60, 779-792.

[2] Bystander intervention strategies adapted from Stanford University’s Office of Sexual Assault & Relationship Abuse.

Record Retention and Notification of Crimes of Violence

Title IX Record Retention

Title IX records will be retained with the Title IX Office for 10 years after the date of the last letter issued regarding the case. 

Notification of Victims of Crimes of Violence

The College will, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as the result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.