Delaware Code Title 14 Sec. 9005A – Penalty for violation
(a) Any academic institution that violates § 9002A, § 9004A, or § 9006A(a) of this title may be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $25,000 for each second or subsequent violation within a 5-year period. Any penalty collected under this provision shall be paid to the Criminal Justice Council, to be deposited in a fund for the benefit of sexual assault survivors at academic institutions, and for use in other sexual assault awareness and prevention programs. To the extent practicable, penalty moneys shall be used for the benefit of sexual assault survivors and for programs at the academic institution that paid the penalty, or for generalized statewide prevention and education programs.
Terms Used In Delaware Code Title 14 Sec. 9005A
- Academic institution: means an institution of postsecondary education receiving State funds or a private institution of postsecondary education with campuses physically located in Delaware serving over 1,000 students. See Delaware Code Title 14 Sec. 9001A
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Sexual assault: means physical contact of a sexual nature perpetrated without consent or where consent is unable to be given. See Delaware Code Title 14 Sec. 9001A
(b) The Department of Justice shall receive and investigate complaints regarding violations of this chapter and is empowered to seek enforcement of penalties under this section in a court of competent jurisdiction or engage with an academic institution to remediate or correct violations.