Delaware Code

11 Del. C. § 9203 (2026)

Hearing — Required on suspension or other disciplinary action

✓ current as of May 2026
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If a law-enforcement officer is:

(1) Suspended for any disciplinary reason; or

(2) Charged with conduct alleged to violate the rules or regulations or general orders of the agency that employs the officer; or

(3) Charged with a breach of discipline of any kind, which charge could lead to any form of disciplinary action (other than a reprimand) which may become part of the officer’s permanent personnel record,

then that officer shall be entitled to a hearing which shall be conducted in accordance with this chapter unless a contractual disciplinary grievance procedure executed by and between the agency and the bargaining unit of that officer is in effect, in which case the terms of that disciplinary grievance procedure shall take precedence and govern the conduct of the hearing.

65 Del. Laws, c. 12, §  165 Del. Laws, c. 139, §  370 Del. Laws, c. 186, §  184 Del. Laws, c. 148, § 1
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1999–2025 · leading case: Izquierdo v. Sills, 68 F. Supp. 2d 392 (D. Del. 1999).
Izquierdo v. Sills, 68 F. Supp. 2d 392 (D. Del. 1999). “Pursuant to 11 Del.C. § 9203, disciplinary hearings are governed by the Bill of Rights "unless a contractual disciplinary grievance procedure executed by and between the agency and the bargaining unit of that officer is in effect, in which case the terms of that disciplinary…”
Sapienza v. Delaware State Univ. Police Dept. (Del. Super. Ct. 2021). · cites it 4× “'s Motion to Dismiss at Ex. A. ist 77 Anthony E.”
Stump v. Town of Middletown (Del. Super. Ct. 2018). · cites it 2× “Under 11 Del. C. § 9203, if a law enforcement officer faces potential disciplinary action greater than a reprimand, “then that officer is entitled to a hearing.”
Stump v. Town of Middletown (Del. Super. Ct. 2019). “13 See 11 Del C. § 9203. 11 The final step in the grievance process is a hearing before the Mayor and Council.”
Hiller v. City of Rehoboth Beach (Del. Super. Ct. 2023). “17 See 11 Del. C. § 9203. 18 The procedures for the hearing, including the selection of the board members, are set forth under 11 Del.”
Griffin v. Police Officer Standards & Training Comm'n (Del. Super. Ct. 2025). “2 See 11 Del. C. § 9203. 3 POST is a seventeen-member administrative body with broad authorities to, among other things, establish and certify the requirements for police officers in the State of Delaware.”
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