What You Need to Know

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 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 cohabitated 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: 

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;
• Sexual exploitation: ” A person taking non-consensual or abusive sexual advantage of another, that does not constitute sexual harassment, for their own benefit or for the benefit of anyone other than the person being exploited. Examples include, but are not limited to:
  • Capturing, listening to, watching and/or distributing by any means images, audio or visual recordings of another in a state of undress or during sexual activity;   
  • Exposing one’s genitals or inducing others to expose their genitals or intimate parts; 
  • Knowingly exposing another to a sexually transmitted infection, disease or virus;
  • Prostituting another person;
  • “Stealthing,” where an individual intentionally removes, damages or lies about the use of a condom when consent was given for protected sexual activity only;
  • Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
  • Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
  • Knowingly soliciting a minor for sexual activity;
  • Knowingly creating, possessing, or disseminating child sexual abuse images or recordings; or
  • “Deepfakes,” Creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually-related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent.
     

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 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@honornm.com.
   
   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, or through the Office of Prevention and Advocacy in Campus Center 289 or by callig (973) 596-2664.

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