FAQs

You likely have questions or concerns about your rights and options at NJIT, and we are here to help.

Title IX for Students

FAQs: Reporting Options and Support

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You have options and the choice is yours.

  • You can complete an online Title IX and Sexual Misconduct Reporting form, or contact the Title IX Coordinator directly at the Office of the Dean of Students in L71 Central King Building (lower level) or at (973) 596-3446. You can also submit an email to titleix@njit.edu. 

    • If you are considering filing a Formal Complaint at NJIT, please review our Title IX Handout that describes how NJIT handles reports of sexual misconduct for students.  If a Formal Complaint is filed, the Title IX Coordinator will determine whether the alleged violations constitute prohibited conduct under the Title IX and Sexual Harassment Policy or NJIT's Code of Student Conduct. 

    • Allegations of sexual misconduct as defined in the Code of Student Conduct will follow the informal resolution, investigation, and hearing procedures set forth in NJIT’s Title IX and Sexual Harassment Policy and Grievance Procedures with the except of the live hearing requirement under Section IX. D5a, b, and e.  Instead of a live hearing and upon completion of an investigation, the Title IX Coordinator shall assign a trained hearing officer to review the investigation report and any directly related evidence

  • NJIT students also have the right to file a criminal complaint separately with NJIT Public Safety or their local police. 

  • Confidential Resources:

After a report is made, NJIT is required to:

  1. Take immediate, appropriate action to investigate or otherwise determine what occurred once we know or reasonably should know about possible sexual harassment/sexual violence.
  2. Take prompt and effective steps to end the sexual harassment/ sexual violence, prevent its recurrence and address its effects.
  3. Provide appropriate supportive measures to address safety and well-being of the Complainant, regardless of whether a formal complaint is signed, and is encouraged to do the same for the Respondent.
  4. Notify both parties of the outcome of a formal complaint

Supportive Measures

All students have the right to supportive measures without having to file a formal complaint or go through a grievance procedure.  Supportive Measures are designed to restore or preserve equal access to a student's education program or activity without unreasonably burdening the other party.

Supportive measures can include

  • referrals to counseling services

  • course-related or scheduling adjustments

  • changes in housing

  • absence excusals or class accommodations

  • mutual no-contact directives

Informal Resolution

Students may also wish to resolve the complaint through an Informal Resolution. This is a voluntary process that may result in the parties agreeing on a resolution in lieu of an investigation and/or adjudication under the formal resolution process.  It can include a mediation or restorative conversations with the parties. 

No, there is no time limit or deadline for reporting sexual misconduct or other Title IX concerns. Our institution encourages individuals to report incidents as soon as they feel able, but you can make a report at any time, even years after an incident has occurred

Yes, the Title IX process is separate from any criminal legal process. They are independent of each other and operate under different laws, standards, and outcomes.

  1. Purpose and Authority:

    • Title IX Process: Governed by federal law (Title IX) and institutional policy. Its purpose is to determine if a violation of university policy occurred and, if so, to impose appropriate educational sanctions and remedies to ensure a safe and non-discriminatory educational environment.
    • Criminal Legal Process: Governed by state and federal criminal laws. Its purpose is to determine if a crime was committed and, if so, to impose criminal penalties (e.g., fines, incarceration).

  2. Standard of Proof:

    • Title IX Process: NJIT uses a "preponderance of the evidence" standard. This means it is more likely than not that a policy violation occurred.
    • Criminal Legal Process: Uses a much higher standard of proof, "beyond a reasonable doubt." 

  3. Outcomes and Sanctions:

    • Title IX Process: Sanctions are disciplinary actions related to a student's enrollment, such as suspension, expulsion, behavioral requirements, or educational interventions.
    • Criminal Legal Process: Outcomes involve criminal convictions, fines, probation, incarceration, or other penalties as defined by law.

  4. Simultaneous Processes:

    • A student can be involved in both a university Title IX process and a criminal legal process concerning the same incident. These processes can occur at the same time, or one can proceed before or after the other. The outcome of one does not automatically dictate the outcome of the other.

It's important to understand these differences when navigating any complaint. The Title IX Coordinator can help explain NJIT's process, but cannot provide legal advice regarding criminal matters. If you are involved in a criminal investigation, you should seek legal counsel.

The length of a resolution process can vary depending on many factors and the specific details of each case. Our policy states that the investigation phase is expected to take up to sixty (60) days.

However, it's important to understand that the overall Formal Grievance Process extends beyond just the investigation. In accordance with Title IX regulations, there are specific review periods built into the process:

  • Evidence Review Period: Following the investigation, both parties will have a ten (10) day period to review and provide comment on the evidence collected.
  • Final Report Review Period: After the evidence review, a draft of the final report will be shared, and both parties will have ten (10) days to review and provide comment.

Considering these phases, the total time for a formal resolution process involving an investigation will generally take approximately 90 days. Please note that these timeframes are expectations and may be extended for good cause, with written notification provided to both the Complainant and the Respondent. Factors that can influence the timeline include the complexity of the case, the availability of parties and witnesses, breaks in the academic calendar, and unforeseen circumstances. Our priority is always to conduct a thorough and equitable process while striving for a timely resolution.

Yes!  We know navigating a Title IX concern can be daunting and there are numerous federal requirements involved.  Below are some helpful handouts that breakdown your options and our processes. 

Both parties in a formal Title IX process (Complainant and Respondent) have the right to the following:

  • ​A fair and unbiased process
  • Be treated with dignity and respect
  • Have an advisor of choosing
  • Supportive measures regardless of whether a formal complaint is filed
  • Be informed of criminal reporting options
  • The respondent is presumed to not be responsible until a determination has been made following a formal process.
  • Right to file a formal complaint
  • Be provided with written notice of the allegations, determination of findings, and final resolution
  • Be provided sufficient notice of any scheduled meetings/interviews
  • Provide relevant information and witnesses during an investigation
  • Inspect and review evidence as provided during an investigation and be provided 10 days to respond in writing
  • Inspect and review a final investigation report that fairly summarizes relevant information obtained during an investigation at least ten days prior to a hearing
  • Challenge bias or impartiality of Title IX personnel
  • Appeal a determination or dismissal of a formal complaint

Survivors of Sexual Violence

Under New Jersey state law, victims and survivors of sexual violence are afforded the following rights under the Sexual Assault Victim's Bill of Rights:

  1. To have any allegation of sexual assault treated seriously; to be treated with dignity and compassion; and to be notified of existing medical, counseling, mental health, or other services available for victims of sexual assault, whether or not the crime is reported to law enforcement; 
  2. To be free, to the extent consistent with the New Jersey or United States Constitution, from any suggestion that victims are responsible for the commission of crimes against them or any suggestion that victims were contributorily negligent or assumed the risk of being assaulted;
  3. To be free from any suggestion that victims are to report the crimes to be assured of any other guaranteed right and that victims should refrain from reporting crimes in order to avoid unwanted personal publicity;
  4. When applicable, to no-cost access to the services of a sexual assault response team comprised of: a certified forensic nurse examiner, a confidential sexual violence advocate, and a law enforcement official as provided in accordance with the Attorney General’s Standards for Providing Services to Victims of Sexual Assault, and the choice to opt into or out of any of the team’s services;
  5. To be informed of, and assisted in exercising, the right to be confidentially or anonymously tested for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS; and to be informed of, and assisted in exercising, any rights that may be provided by law to compel and disclose the results of testing of a sexual assault suspect for communicable diseases;
  6. To have forensic medical evidence, if collected, retained for a minimum of five years, and to receive information about the status of the evidence upon request; P.L. 2019, CHAPTER 103 2
  7. To choose whether to participate in any investigation of the assault;
  8. To reasonable efforts to provide treatment and interviews in a language in which the victim is fluent and the right to be given access to appropriate assistive devices to accommodate disabilities that the victim may have, whether temporary or long term;
  9. To information and assistance in accessing specialized mental health services; protection from further violence; other appropriate community or governmental services, including services provided by the Victims of Crime Compensation Office; and all other assistance available to crime victims under current law; 
  10. To be apprised of the availability and process by which a court may order the taking of testimony from a victim via closed circuit television in accordance with section 1 of P.L.1985, c.126 (C.2A:84A-32.4); and
  11. To be apprised of the availability and process by which to seek protections through a temporary or final protective order under the “Sexual Assault Survivor Protection Act of 2015,” P.L.2015, c.147 (C.2C:14-13 et seq.), if the victim believes that the victim is at risk for re-victimization or further harm by the perpetrator.

FAQs: If You've Been Accused (Respondents)

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If you've been accused in a Title IX complaint, it's important to understand your rights and the process. There are specific individuals and resources available to help you.

You can and should speak with the Title IX Coordinator. This person is a neutral party responsible for overseeing the entire Title IX process. They can:

  • Explain the complaint resolution process to you in detail.
  • Clearly outline your rights as an accused student.
  • Discuss available supportive measures and resources. These are designed to help you continue your education and daily life with as little disruption as possible, regardless of the outcome of the investigation. Supportive measures might include:
    • Referrals to counseling services for emotional support.
    • Changes to housing assignments or class schedules.
    • Academic accommodations like extensions or alternative assignments.
    • Absence excusals for meetings or hearings.

You may also speak with a Prevention Specialist. While their primary role is often proactive education, they can provide general information about policies and direct you to appropriate support services. It's always best to start with the Title IX Coordinator, as they have the most comprehensive understanding of your specific situation within the Title IX framework.

You are not required to hire an attorney, but you have the right to choose any person to serve as your advisor throughout the process. This can include an attorney, a trusted faculty member, a family member, or any other individual you believe will best support you.

Your advisor can:

  • Provide support and guidance.
  • Be present with you at all meetings, interviews, and hearings related to the Title IX process.
  • Assist you in preparing for meetings or responses.

The decision of whether to hire an attorney or choose another type of advisor is a very personal one. Consider what kind of support and expertise you feel you need during this process. You also have the right to change advisors at any point during the investigation or resolution process. NJIT can provide information about how to access potential advisors or resources, but we do not provide legal counsel.

Being involved in a Title IX complaint can be an incredibly difficult and emotionally challenging experience. It's common to experience a wide range of emotions, including:

  • Disbelief or shock
  • Anger or frustration
  • Fear or anxiety about the process and potential outcomes
  • Stress that impacts your sleep, studies, or overall well-being
  • Isolation or loneliness, feeling misunderstood or judged

These are normal human responses to a stressful and uncertain situation. You do not have to navigate these feelings alone. NJIT is committed to supporting all students through this process.

Resources available to help you:

  • Title IX Coordinator: While overseeing the formal process, the Title IX Coordinator can also help you understand the complaint procedures, your rights, and connect you with supportive measures that might ease academic or living challenges you're facing. They can also facilitate referrals to counseling or other services.
  • Center for Counseling and Psychological Services (C-CAPS): Our campus counseling center offers confidential support from licensed mental health professionals. This can be a safe space to process your emotions, develop coping strategies, and navigate the stress of the situation. Conversations with C-CAPS counselors are confidential, meaning they will not share information with the Title IX Coordinator or other university officials without your permission, except in very limited circumstances (e.g., immediate threat of harm).
  • Prevention Specialist / Confidential Advocate: This individual (as mentioned previously) can often provide confidential support, guidance on understanding university policies, and connections to both on- and off-campus resources without initiating a formal report.
  • Off-Campus Mental Health Services: If you prefer to seek support outside the university system, or require longer-term counseling, the Title IX Coordinator or CAPS can provide referrals to local licensed therapists or mental health organizations. These resources offer independent, confidential support.
  • Reasonable Accommodations: If you have existing or emerging needs, the Office of Accessibility Resources and Services (OARS) can work with you to explore available accommodations (e.g., extensions, tutoring, academic advising).

Generally, no. Information related to a Title IX or Sexual Misconduct process is considered part of your educational records and is protected by the Family Educational Rights and Privacy Act (FERPA).

Under FERPA, our institution is prohibited from sharing personally identifiable information from your education record with third parties, including your parents or guardians, without your written consent. This protection applies once you are enrolled in a post-secondary institution, regardless of your age.

Important Considerations:

  • Your Choice to Share: While NJIT will not disclose this information to your parents without your consent, you are free to share details with them if you choose to do so. Many students find it helpful to involve their families for support.
  • "Need to Know" Basis: Information will only be shared internally with NJIT officials who have a legitimate educational interest and a "need to know" to facilitate the Title IX process (e.g., the Title IX Coordinator, investigators, decision-makers, and relevant supportive measure providers). These individuals are bound by confidentiality.
  • External Requests (Subpoenas): In very rare circumstances, information may be subject to disclosure if legally compelled by a subpoena or court order. 
  • Public Safety Warnings (No Identification): If there is an immediate threat to the health or safety of the campus community, NJIT may issue a "Timely Warning" or similar public safety alert as required by the Clery Act. However, these warnings are generalized and do not include personally identifiable information about anyone involved in a specific incident.
  • Transferring to Another Institution: If you transfer to another educational institution, they may request your disciplinary records, which could include information about Title IX findings. You typically have control over the release of such records, but it's important to be aware that future institutions may inquire.

Both parties in a formal Title IX process (Complainant and Respondent) have the right to the following:

  • ​A fair and unbiased process
  • Be treated with dignity and respect
  • Have an advisor of choosing
  • Supportive measures regardless of whether a formal complaint is filed
  • Be informed of criminal reporting options
  • The respondent is presumed to not be responsible until a determination has been made following a formal process.
  • Right to file a formal complaint
  • Be provided with written notice of the allegations, determination of findings, and final resolution
  • Be provided sufficient notice of any scheduled meetings/interviews
  • Provide relevant information and witnesses during an investigation
  • Inspect and review evidence as provided during an investigation and be provided 10 days to respond in writing
  • Inspect and review a final investigation report that fairly summarizes relevant information obtained during an investigation at least ten days prior to a hearing
  • Challenge bias or impartiality of Title IX personnel
  • Appeal a determination or dismissal of a formal complaint

Being accused of sexual misconduct does not, in itself, result in a notation on your academic transcript or your disciplinary record. Your privacy throughout the process is a priority, consistent with federal law. The fact that a report or formal complaint was filed, or that an investigation took place, is not disclosed on your academic transcript.

  • No-Contact Directives (Supportive Measures): Similarly, the issuance of a No-Contact Directive (NCD) or any other Supportive Measure will not result in a notation on your academic transcript or disciplinary record. No-Contact Directives are administrative actions aimed at ensuring the safety and well-being of parties and the campus community. They are not disciplinary actions and do not imply a finding of responsibility. They are put in place regardless of whether a formal complaint is filed or an investigation is underway. While NJIT is required to keep internal records of all Title IX reports and their resolution for seven years, these internal records are separate from your academic transcript or disciplinary record. 
  • Informal Resolution Processes: If a matter is resolved through an Informal Resolution process, there will generally be no notation on your academic transcript or disciplinary record related to the underlying allegations. Informal Resolution is designed to be a non-disciplinary approach focused on addressing the effects of the alleged conduct and restoring access to the educational environment without a formal finding of responsibility. Internal records related to supportive measures are maintained for institutional compliance but do not appear on your academic transcript or disciplinary record. 
  • Formal Grievance Process Outcomes: Certain outcomes of a Formal Grievance Process can lead to a disciplinary record entry and in some cases, a transcript notation. This occurs following the full grievance process if a student is found responsible for a violation of policy and sanctions are imposed.  An academic transcript notation will only occur for findings of responsibility that result in a Suspension or Expulsion.

Anyone can file a complaint with the Office of Civil Rights typically within 180 days of the last act of discrimination. For more information on this process, visit the Office of Civil Rights website.