Title IX for Employees

Discrimination on the Basis of Sex

Sex Discrimination is different treatment with respect to an individual’s employment or participation in an education program or activity based, in whole or in part, upon the individual’s actual or perceived protected characteristic under Title IX. 

Sexual Harassment 

Sexual Harassment is a form of sex discrimination and includes sexual harassment and other harassment on the basis of sex or gender that satisfies one or more of the following:

1. Quid Pro Quo: An employee conditions the provision of an aid, benefit, or service of NJIT on an individual participating in unwelcome sexual conduct; or
2. Hostile Environment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a NJIT education program or activity; or
3. Prohibited Conduct also includes Sexual Assault, Dating Violence, Domestic Violence, Stalking, and Retaliation, as defined below.

Types of Sexual Harassment

• Sexual Assault - is having or attempting to have sexual contact with another individual without consent or where the individual cannot consent because of age or temporary or permanent mental or physical incapacity (see below for definition of consent and incapacitation). Sexual contact includes:

  • Sexual Penetration: Completed or attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant or where the individual cannot consent because of age or temporary or permanent mental or physical incapacity 

  • Fondling: 

    • The intentional touching of the clothed or unclothed body parts (genitals, buttocks, groin, breasts and other body parts) without consent of the Complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation; or

    • The forced touching by the Complainant of the Respondent’s clothed or unclothed body parts (genitals, buttocks, groin, breasts and other body parts), without consent of the Complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation. 

    • This offense includes instances where the Complainant is incapable of giving consent because of age or because of a temporary or permanent mental or physical incapacity.

• Stalking - Stalking occurs when a person engages in a course of conduct directed at a specific person under circumstances that would cause a reasonable person to fear for their own safety or the safety of others or suffer substantial emotional distress.

• Domestic Violence - includes any act of violence committed by a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of New Jersey and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over the Complainant, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who (1) is a current or former spouse or intimate partner of the Complainant, or person similarly situated to a spouse of the Complainant; (2) cohabiting with or has co-habitated with the Complainant as a spouse or intimate partner; (3) shares a child in common with the Complainant; or (4) commits acts against an adult or youth victim who is protected from those acts under the family or domestic violence laws of New Jersey.

• Dating Violence - includes any act of violence committed by a person:

  • who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and

  • where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.

• Retaliation - includes words or acts committed against an individual or group of individuals involved in a protected activity. Protected activity includes making a good faith report under the Title IX policy; filing an external complaint; or opposing in a reasonable manner and consistent with NJIT policy an action reasonably believed to constitute a violation of the Title IX Policy.

Most likely, yes. All supervisory employees or any employee whose position involves regular interactions with students is required to report any prohibited conduct involving students to the Title IX Coordinator that they witness or become aware of.

By way of example only, these student-interacting positions include, but are not limited to:

• Academic advisors
• Coaches and other athletic staff who interact directly with students
• Dean of Students staff
• Graduate research assistants
• Instructional staff (faculty, lecturers, adjuncts, etc.)
• Public Safety
• Residence Life and Student Life staff
• Resident Assistants

Listen. Support. Then Report.

While mandated reporters have the initial obligation to report incidents of sexual harassment or sex discrimination to the Title IX Coordinator or Deputy Coordinator as soon as possible, they should first provide support to the reporting party and ensure they are safe.  

All relevant details about the incident(s) that has been shared with the university employee must be reported. This includes the names of the alleged respondent, the student (or employee under your supervision) who experienced the alleged misconduct, any others involved in the alleged misconduct, as well as relevant facts, including the date, time and location. 

Employees are encouraged to review the Title IX for Employees Brochure for additional helpful tips and resources.

Any observed, experienced or known discrimination on the basis of sex including the following forms of sexual harassment: sexual violence, dating violence, domestic violence, sexual exploitation, and stalking involving any member of our university community, must be reported.

Depending on where the incident(s) took place, the alleged misconduct may not meet the requirements under Title IX but may fall under other University policies such as the Code of Student Conduct.  The Title IX Coordinator or Deputy Coordinator will make this determination.

Employees can either:

1. Submit a report online as soon as feasibly possible, or
2. Directly contact the Title IX Coordinator for reports involving NJIT students. If you're unsure that what you witnessed or was reported to you is prohibited conduct under Title IX, it's best to directly contact the Title IX Coordinator to discuss.

Reports or concerns involving employees should be directed to the Office of Human Resources.

The Title IX Coordinator will reach out to the individual experiencing sexual misconduct to provide them with reporting options, confidential resources, information on NJIT's policies and procedures, and an opportunity to meet. This outreach provides information for the individual to make an informed choice on how they'd like to proceed. 

Yes, it does.  Employees also have rights under Title IX and are expected to comply with requirements to not to discriminate on the basis of sex.  While Title IX covers sex discrimination in educational institutions, Title VII of the Civil Rights Act of 1964 also prohibits employment discrimination based on sex (among other protected characteristics). There can be overlap between these two laws, and employees may have rights under both.