Law / United States / 
Delaware
Sexual Assault Policy for Institutions of Higher Education: victim confidentiality and personally identifiable information in reports
Del. Code Ann. tit. 14, §§ 9002A, 9006A
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- If you are an institution of postsecondary education receiving State funds, or a private institution of postsecondary education with campuses physically located in Delaware serving over 1,000 students, make sure your responsible employees (faculty, employees who regularly interact with students in a teaching, mentoring, advisory or supervisory capacity, appointed trustees and directors, and student employees with such responsibilities) maintain a victim's confidentiality so far as it does not conflict with any requirement of federal law; you are accountable for their compliance (sections 9001A(1) and (3), 9002A(b) and (e)).
- Do not include any personally identifiable information relating to the alleged victims or perpetrators of a sexual assault in the annual report you make to the Department of Justice (sections 9006A(a) and (d)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionNo
Penalty structure
Section 9005A(a) of title 14 makes an academic institution that violates section 9002A, 9004A or 9006A(a) liable for a civil penalty not to exceed $10,000 for the first violation and not to exceed $25,000 for each second or subsequent violation within a 5-year period. The figures are ceilings. Section 9006A(d) is not among the sections section 9005A(a) names.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Who enforces it
Enforcement body
Department of Justice, which receives and investigates complaints about violations of chapter 90A of title 14 and may seek enforcement of penalties in a court of competent jurisdiction (section 9005A(b)).
What record it asks for
Logging duty
Section 9002A(b) requires responsible employees to maintain a victim's confidentiality, and section 9006A(d) bars personally identifiable information about alleged victims and perpetrators from the annual reports. Section 9006A(a) has an institution report each year to the Department of Justice a certification of its training compliance and aggregate data, which is a report to the Department and not a check of any record of access to a victim's information. Neither section 9002A(b) nor section 9006A(d) requires a log or record of access, names an audit or gives a party a right to a record.
- Kind
- None
- As of
What this law does
Chapter 90A of title 14 of the Delaware Code defines an academic institution as an institution of postsecondary education receiving State funds or a private institution of postsecondary education with campuses physically located in Delaware serving over 1,000 students. Section 9002A(b) of title 14 requires responsible employees to maintain a victim's confidentiality so far as it does not conflict with any requirement of federal law.
An academic institution is accountable for the compliance of its responsible employees with section 9002A, and for that of its law-enforcement or public-safety officers who are its employees. No report under section 9006A may contain any personally identifiable information relating to the alleged victims or perpetrators of a sexual assault.
An academic institution that violates section 9002A may be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $25,000 for each second or subsequent violation within a 5-year period. A violation of the chapter does not give rise to a private right of action. The Department of Justice receives and investigates complaints about violations of the chapter.
Sections 9002A and 9006A took effect two years after enactment of chapter 294 of volume 80 of the Laws of Delaware, which was approved . Chapter 521 of volume 84 of the Laws of Delaware amended sections 9004A and 9006A and took effect on .
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