§ 4401 — Adult sexual misconduct in schools policy [For applicability of section, see 83 Del. Laws, c. 408, § 2]

Each school district and charter school shall establish a policy which shall require, at a minimum, all of the following:

(1) A provision establishing appropriate and inappropriate interactions between adult employees, contractors, coaches, and volunteers and students.

(2) A provision prohibiting adult sexual misconduct in schools which shall apply to employees, contractors, coaches, and volunteers.

(3) A provision prohibiting any sexual relationship between a student, even if the student is an adult, and a school district or charter school employee while the student is a current student.

(4) A provision emphasizing the mandatory reporting requirements of § 903 of Title 16.

(5) A procedure for notifying the Department of Education and law enforcement of suspected adult sexual misconduct.

(6) A provision delineating preferred and prohibited methods of electronic communications between school employees, contractors, coaches, and volunteers and students.

(7) A provision that substantiated incidents of adult sexual misconduct will be reported in future reference checks for employment or volunteer work.

(8) A provision requiring the development of hiring practices to screen for adult sexual misconduct in school employees, contractors, coaches, and volunteers.

Legislative History

83 Del. Laws, c. 408, § 1