Policy Name: Sexual and Gender-based Misconduct Policy Governing Students
Policy ID Number: 05-04-005
Version Effective Date: September 20, 2016
Policy Applies To: Students
Responsible Office: Student Affairs
Approved By: Dean of Students
INTRODUCTION AND STATEMENT OF PURPOSE
New Jersey City University is a diverse, safe, and nondiscriminatory academic community whose existence depends on respect and civility, as well as a strict adherence to the standards of conduct set by its members. New Jersey City University expects that all members of the University community, students, faculty, administrators, or staff, conduct themselves such that they do not infringe upon the rights of others. Sex/Gender harassment, discrimination and misconduct, including sexual violence, sexual gender-based misconduct, domestic violence, dating violence, and stalking are serious violations of these standards and will not be tolerated. New Jersey City University not only regards these actions to be violations of the standards of the Student Code of Conduct required of all persons associated with the institution (members of the University community, guests, and visitors), but also recognizes that these are violations of state and federal laws.
The University fully complies with all civil and/or criminal laws prohibiting harassment, discrimination, and sexual misconduct. Sexual misconduct is a violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. The University is required to comply with Title IX of the Higher Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities; the Violence Against Women Reauthorization Act of 2013 (VAWA), which requires prompt, fair and impartial investigation and resolution of allegations of sexual assault, stalking, dating violence and domestic violence; and Title VII of the Civil Rights Act of 1964 (as amended in 1991).
A. This policy covers all New Jersey City University students, and in particular students who:
B. Please note that the term "student" includes all persons for whom the University maintains educational records, as defined by the Family Educational Rights and Privacy Act of 1974 and related regulations; who have not yet been awarded his or her degree from the University, and includes undergraduate, graduate, professional, and non-matriculated students at the University. Additionally, this policy applies to participants in any University-related program or activity.
C. Throughout this policy, “Reporter” refers to the person making the allegation(s) of prohibited conduct and “Respondent” refers to the person alleged to have committed the prohibited conduct. When the Reporter is someone other than the victim of the alleged conduct, the victim also will be deemed the Reporter for purposes of the rights and options available under this policy.
D. Complaints Against Faculty, Staff and Third Parties – If the Respondent is a faculty or staff member, or third party who does business with the University, or is otherwise affiliated with the University, but not a University student, please refer to the NJCU Policy Prohibiting Discrimination and Harassment, 60.1.12, and Discrimination and Harassment Complaint Process for Complaints against University Employees and Individuals Who Do Business with the University, or contact the University’s Office of Employment Equity.
According to the University Student Code of Conduct, this policy covers both on-campus and off-campus conduct, as described below:
The University’s Title IX Coordinator oversees compliance with all aspects of the sex/gender harassment, discrimination and misconduct. The Coordinator reports directly to the President of the University and is housed in the Office of Equal Employment Opportunity/Affirmative Action/Diversity. Questions about related policies should go to the Office of Equal Employment Opportunity/Affirmative Action/Diversity.
There is a Title IX team that has been created to ensure that the University's learning environment is free from all forms of sexual misconduct. It is the obligation of these units to be familiar with this policy and, where appropriate and possible, to participate in continuous trainings to guarantee that they are able to fulfill these responsibilities.
A. On Campus Resources
Title IX Coordinator
Office of Equal Employment Opportunity/Affirmative Action/Diversity
firstname.lastname@example.org; Tel: 201-200-3075
Deputy Title IX Coordinators
Dr. Lyn Hamlin (students)
Dean of Students
Gilligan Student Union 127
email@example.com; Tel: 201-200-3525
Dr. Anne Mabry (faculty)
William J. Maxwell College of Arts and Sciences
firstname.lastname@example.org; Tel: 201-200-2289
Alice DeFazio (gender-equity)
Director of Athletics
John J. Moore Athletic & Fitness Center
email@example.com; Tel: 201-200-2243
Robert Piaskowsky (staff)
Director of Human Resources
firstname.lastname@example.org: Tel: 201-200-2067
The University encourages all members of the University community to be aware of not only the consequences of sexual misconduct as governed by the provisions of the Student Code of Conduct, but also the options available to Reporters. Reporters are urged to seek assistance using any of the additional resources provided below. All incidents will be taken seriously regardless of gender identity or expression, immigration status, disability or sexual orientation.
B. Additional On Campus Resources
The Counseling Center
Gilligan Student Union, Room 308
The Center provides both immediate crisis intervention and therapy to recent or past survivors of sexual violence. Students are seen either individually or in a group with others who have experienced similar trauma. Therapists can be accessed by appointment, walk-in, or after-hours emergency.
The Health and Wellness Center
Vodra Hall, Suite 107
The Center provides information and makes referrals to off-campus clinics, specialists, testing facilities, and pharmacies.
Department of Public Safety Department
Tel: 201-200-3128 or call 55 Emergency
Rossey Hall, Room 114/115
Available 24 hours a day, 7 days a week
Open 24 hours, this is the office where individuals who have been violated can file a formal complaint. Appropriate Department of Public Safety staff can discuss available options and assist Reporter(s) to decide on a course of action. (For resident students, course of action can include a change in academic and/or living situations; for faculty, course of action can include change in office).
Speicher-Rubin Women’s Center for Equity and Diversity
Gilligan Student Union, Room 318
This Center provides advocacy, support services, information, and referrals to individuals who have, or who think they may have experienced sexual assault, sexual misconduct, stalking, and dating or domestic violence.
C. Off Campus Resources
Hudson S.P.E.A.K.S Against Sexual Violence assists survivors of sexual assault, ages 12 and above, in Hudson County. Hudson S.P.E.A.K.S. provides free and confidential services such as a 24-hour crisis hotline; 24-hour accompaniments to hospitals, courts, and law enforcement agencies, and individual counseling for survivors and their significant others; Christ Hospital, 179 Palisade Ave., Jersey City; 24-hour hotline, 201-795-5757
The Jersey City Police Department and Hudson County Prosecutor’s Office Sexual Assault Response Team (SART), receive reports of incidents, investigates and makes decisions regarding arrest and prosecution. Emergency, 911
D. Inquiries may be made externally to:
Office for Civil Rights (OCR)
(180 day statute of limitations)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
U.S. Department of Civil Rights Division
950 Pennsylvania Avenue, N.W.
Educational Opportunities Section, PHB
Washington, D.C. 20530
Telephone: (202) 514-4092 or 1-877-292-3804 (toll-free)
Facsimile: (202) 514-8337
Section I: SEXUAL AND GENDER-BASED MISCONDUCT
Sexual and gender-based misconduct offenses include, but are not limited to:
A. Sexual Harassment is defined as any sexually oriented behavior of a deliberate or negligent nature which adversely affects one’s academic performance or work environment. It may involve conduct or comments that are unintentional as well as intentional. It may include the use of authority to emphasize the sexuality or sexual identity of an individual in a manner, which prevents the individual's access to the educational benefits and/or opportunities at NJCU. Sexual harassment will not be tolerated in any context including student/student, faculty/student, staff/student, or other relationship. This policy prohibits all forms of sexual harassment. It includes, but is not limited to: quid pro quo harassment, hostile environment harassment, ender-based harassment.
B. Sexual Exploitation occurs when one person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit or the benefit anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation may include:
C. Sexual Assault includes unwelcome, sexual, sex-based and/or gender-based verbal, written, online and/or physical conduct. It can consist of non-consensual sexual contact or intercourse, including, but not limited to: (according and to the New Jersey criminal statute, http://www.nj-statute-info.com/getStatute.php?statute_id=1564):
D. Retaliation is the intentional action taken against an individual or a group because the individual or group made a report concerning sexual misconduct, was the subject of such a report, or otherwise participated in the University’s investigation of such a report.
The University recognizes that retaliation can take many forms, may be committed by an individual or a group against an individual or a group, and that a Respondent can also be the subject of retaliation by the Reporter or a third party. The University will take immediate and responsive action to any report of retaliation and may pursue disciplinary action as appropriate. The Title IX Coordinator will review all reports of retaliation and determine whether to impose immediate corrective action or whether to refer the report for investigation. In making this determination, the Title IX Coordinator may consult with the Title IX Team or members of the Title IX Team.
Section II: CONSENSUAL RELATIONSHIPS
Consensual relationships, as defined in this policy, potentially create inconsistencies and perceptions of impropriety that can impair the integrity of academic, educational, and employment decisions. Such relationships can result in other claims, including sexual misconduct, and subject employees and NJCU to risks. Consensual relationships may implicate the New Jersey City University Policy Prohibiting Discrimination in the Workplace and the Uniform Ethics Code of the State of New Jersey [New Jersey Conflicts of Interest Law and New Jersey City University Code of Ethics Policy], as well as Title IX.
Managers, in supervisory roles, as well as staff and faculty entrusted with advising and educating students, are often placed in relationships of trust and power. These relationships should not be jeopardized by the appearance of or behaviors which result in favoritism or unfairness in the exercise of professional judgment or management. It is the expectation of NJCU that employees with teaching, supervisory, advisory or evaluative responsibility over other employees and/or students maintain the ethical, legal, behavioral and professional boundaries that should exist in such situations.
Therefore, NJCU strongly discourages consensual relationships between employees and students. Should an inappropriate consensual relationship develop, NJCU encourages the employee or involved persons to discuss its existence with the appropriate departments and examine alternative arrangements for the supervision, evaluation, teaching, grading, or advising of the employee or student.
Section III: DEFINITIONS
A. Consent is a mutual and understandable exchange of affirmative words or actions which indicate permission to engage in mutually agreed upon sexual activity. Consent must be informed, voluntary, and actively given. Consent is free of force – including physical violence, threats, intimidation and coercion. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual engagement. The absence of a negative response is not consent. An individual who is incapacitated by alcohol and/or other drugs both voluntarily or involuntarily consumed may not give consent. Past sexual activity does not imply ongoing future consent. If any of the following are present, consent cannot be given:
B. Acquaintance rape and date rape are terms used to describe a rape in which the Reporter knows the rapist. They may have dated previously, had a class together, met at a party or be relatives or friends. Regardless of any prior relationship that may have existed, if one person forces another to submit to sexual contact, the act is still a form of sexual assault.
C. Intimate Partner Violence (dating and domestic violence) is a pattern of behavior in an intimate relationship that is used to establish power and control over another person through fear and intimidation.
A pattern of behavior is typically determined based on the repeated use of words and/or actions and inactions in order to demean, intimidate, and/or control another person. This behavior can be sexual, verbal, emotional and/or physical. Examples of intimate partner violence include, but are not limited to:
D. Stalking involves any behaviors or activities occurring on more than one occasion that collectively instill fear in the Reporter and/or threaten her/his safety, mental health, and/or physical health. Such behaviors or activities may include, but are not limited to non-consensual communications (face to face, telephone, e-mail), threatening or obscene gestures, surveillance, or showing up outside the targeted individual’s classroom or workplace. Stalking may precede sexual assault.
E. Confidentiality - Anyone who wishes to report sexual misconduct of any kind (including a past rape or abuse) can be assured that confidentiality will be maintained to the extent possible. Reporting a rape or an assault does not mean formal disciplinary or court action has been initiated. A permanent record of the receipt of complaint will be filed with the appropriate Title IX/Deputy Coordinator with an indication of the disposition of the complaint, and shall remain confidential, subject to court subpoena.
F. Retaliation is defined as any adverse action taken against a person participating in a protected activity because of his/her participation in that protected activity (subject to limitations imposed by the 1st amendment and/or Academic Freedom). Retaliation against an individual for an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a serious violation of University policy.
Section IV: GROUNDLESS OR MALICIOUS ALLEGATIONS
It is a violation of this policy for anyone to knowingly make false accusations of sexual misconduct. Failure to prove a claim of sexual misconduct, however, is not equivalent to making a false accusation. Sanctions may be imposed for making unwarranted or vindictive accusations of sexual misconduct.
Section V: CONFIDENTIALITY
All University employees have a duty to report violation of this policy, unless they are Confidential Reporters as indicated below. Complaints of the policy violation may be made by any member of the University community who has been directly affected by this behavior or who has reasonable cause to believe that a violation of the policy has taken place.
In order to make informed choices, it is important to understand confidentiality and mandatory reporting requirements. At NJCU, some resources may maintain confidentiality, which means they are not required to report actual or suspected discrimination or harassment to the appropriate University officials. This also means that they can offer options and advice without any obligation to inform an outside agency or individual unless the Reporter has requested that information be shared. Other resources exist for a Reporter to report crimes and policy violations; these resources will take action when an incident is reported to them:
a. On Campus Confidential Reporters
Off-campus resources include: licensed professional counselors, local rape crisis counselors, domestic violence resources, local or state assistance agencies, and/or clergy. These individuals are required to file a report of the incident with the Title IX Coordinator and Department of Public Safety. The report will contain no information that would directly or indirectly identify the individual who experienced sexual misconduct.
Please note: In such cases where confidentiality is maintained, the University will be unable to conduct an investigation into the incident or take action against the alleged perpetrator.
Section VI: REPORTING OPTIONS
A. Individuals are encouraged to bring forward complaints as soon as possible after the incident(s) in order that the most thorough and fair consideration of the matter may occur. Although there is no time limit on the reporting of formal charges with the University, the University may ultimately be unable to investigate if too much time has passed or if the accused student has graduated.