What You Need to Know About Title IX and Sexual Misconduct

Prohibited under Title IX:

Discrimination on the Basis of Sex - Any action that specifically denies opportunities, privileges or rewards to a person, or a group on the basis of sex or gender.  This includes discrimination on the basis of sexual orientation and gender identity, and pregnancy status.

Sexual Harassment - is conduct on the basis of sex that satisfies one or more of the following:

1. An employee conditions the provision of an aid, benefit, or service of NJIT on an individual’s participating in unwelcome sexual conduct; or

2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to NJIT’s Education Program or Activity

Types of Sexual Harassment

Sexual Assault - 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 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, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under New Jersey state law, or by any other person against an adult or minor Complainant who is protected from that person’s acts under New Jersey state law.

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: 

1. The length of the relationship;
2. The type of relationship; and
3. The frequency of interaction between the persons involved in the relationship.

Students have a right to file a complaint for any type of sexual misconduct that falls outside of the narrow definitions provided under Title IX.  Sexual Misconduct under Article X in the Code of Student Conduct is defined as follows:

Sexual Misconduct that falls outside the scope of Title IX but will be adjudicated hereunder includes, but is not limited to:

• Sexual assault, domestic violence, dating violence and stalking that occurs outside the United States but still within a NJIT education program or activity;
• Sexual assault, domestic violence, dating violence and stalking that occurs outside of a NJIT education program or activity but have continuing effects in the education program or activity;
• Is of a sexual nature and is so severe, pervasive or objectively offensive that it effectively denies a person of equal access to the NJIT’s education programs or activities consistent with other laws such as Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination;
• Constitutes “sexual exploitation,” where an individual abuses or takes advantage of the sexuality of another individual without such person's consent (e.g. invading privacy; capturing and/or distributing by any means images, audio or visual recordings of a sexual or intimate nature; exposing one’s genitals; knowingly transmitting a sexually transmitted infection; sexually based stalking or bullying); or
• Constitutes “stealthing,” where an individual intentionally removes, damages or lies about the use of a condom when consent was given for protected sexual activity only.

You have options. The choice is yours.

1. You can complete an online Title IX and Sexual Misconduct Reporting form, or contact the Title IX Coordinator directly at the Dean of Students Office in Campus Center 255 or at (973) 596-3446. You can also submit an email to titleix@njit.edu.
   
   Report an Incident(s) Online 
   
   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 that fall under the purview of 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 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.
    
2. NJIT students also have the right to file a criminal complaint separately with Public Safety or their local police.  NJIT Title IX administrators can assist with this process. 
    
3. Students can speak with a confidential resource at NJIT at the Center for Counseling and Psychological Services, Campbell Hall, Room 205, or by calling 973-596-3414.

After a Report it made, the University 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