Title IX Information and Resources
What is Title IX?
Title IX of the Education Amendments of 1972 prohibits sex discrimination in education programs and activities (such as housing, athletics, and employment) at universities that receive federal financial assistance. Sex discrimination (further defined on this website) includes sexual harassment and sexual violence. New Jersey City University will not tolerate such discrimination. While created to address inequalities and bias facing women and girls in programs and activities, including athletics, Title IX has broadened to protect against sexual harassment, bullying, pregnancy discrimination, gender-based stereotyping, gender-based harassment, and sexual violence. Title IX requires that universities have a coordinator to oversee compliance efforts and to adopt a grievance procedure to respond to alleged violations. This work is carried out by NJCU's Dean of Student's Office, and the Sexual and Gender-based Misconduct Policy is the mechanism adopted by the University to address reports of gender discrimination.
Fast Facts about Title IX:
- Federal law prohibiting discrimination in educational programs/activities receiving Federal financial assistance.
- Enforced/interpreted by U.S. Department of Education, Office for Civil Rights.
- Protects students and employees in connection with: all academic, educational, extracurricular, athletic, and other programs occurring on-campus, or during off-campus, school-related activities.
- Schools must process all complaints of sexual violence, regardless of where the conduct occurred, to determine:
- Whether the conduct occurred in the context of an education program; or
- Whether the conduct had continuing effects on campus or in an off-campus education program.
NJCU does not discriminate on the basis of sex against students or applicants for admission, or employees or applicants for employment or in the administration of its policies or in any aspect of its operations. NJCU will respond to reported violations of Title IX by protecting the university community, conducting prompt and thorough investigations and providing support to affected parties, whenever necessary.
What is NJCU's responsibility in following Title IX?
The University's legal obligation with respect to sexual harassment is to take prompt steps to address both harassment and hostile environment discrimination and if found, eliminate and/or remedy their effects. Sexual harassment and the existence of a hostile environment are to be determined from reasonably objective and subjective viewpoints. The University encourages all community members to report sexual harassment at the earliest opportunity.
New Jersey City University has a Title IX Coordinator. The Title IX Coordinator is responsible for ensuring the University's compliance with Title IX and overseeing and/or investigating complaints of sexual violence, dating/domestic violence, stalking, harassment, discrimination, and other sex-based complaints involving students and University employees and alleged to have taken place on campus or at a University-sponsored event. The Deputy Coordinators are also responsible for investigating complaints that fall under the aforementioned categories. The Title IX Coordinator is also responsible for overseeing training within the University community related to Title IX and other related state/federal laws/regulations.
Title IX requires NJCU to conduct the following actions:
- Investigations of Student Sexual Misconduct
- Advocacy for Complainant and Respondent
- Appropriate Responses to Policy Violations
- Education and Prevention Programs
Victim Resources and Legal Services: Survivors of domestic and sexual violence are encouraged to learn about their rights and resources during the COVID 19 pandemic.
Find local support here
NJCU encourages all students to report any incident of sexual misconduct.
What are the major behaviors prohibited by Title IX?
Expand each of the following prohibited behaviors to learn more.
Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made a condition of the conferral of any benefit, or rejection of such advance, request, or conduct implies that a person will suffer adverse consequences from another person in an express or implied position of authority.
Conduct of a sexual nature or based on gender or sexuality that is severe, pervasive, AND objectionably offensive defined by a reasonable person under similar circumstances. This may include unwanted, unwelcome, or inappropriate sexual or gender- based activities or comments.
Any sexual penetration, however slight, of a person without that person's consent. Any intentional, non-consensual sexual contact with an intimate body part of another or forcing another to have sexual contact with an intimate body part of oneself or another, with any object or body part, or any disrobing of another without consent.
Any action, statement, or use of force against a person where a previous or current personal, intimate, or special relationship exists (defined by marriage, civil union, dating, family membership, or co-habitation) which includes physical, sexual, emotional, economic, and/or psychological actions or threats of actions that a reasonable person in similar circumstances and with similar identities would find intimidating, terrorizing, or threatening. Such behaviors may include threats of violence to one's self or one's family member.
Purposefully or knowingly engaging in a stalking behavior directed at a specific person that would cause a reasonable person to fear for their safety or the safety of a third person or suffer other emotional distress. Such stalking behaviors include but are not limited to alarming conduct, following a specific person or otherwise communicating with a person repeatedly in a manner likely to cause fear for safety, or seriously annoy a reasonable person under similar circumstances.
These policies prohibit retaliation against any student, faculty, or staff member who, in good faith, alleges that they were the victim of sexual harassment, sexual misconduct, discrimination or harassment, or provides information in the course of an investigation; or is accused of violating Prohibited Conduct. No student who, in good faith files a report, provides information for an investigation, or testifies in any proceeding under these policies shall be subjected to an adverse employment or educational consequences based upon such involvement or be the subject of retaliation.
Are gender non-conforming students protected under Title IX?
Yes - Title IX prohibits bullying, harassment, or discrimination regardless of gender identity and gender expression.
Students who do not conform to stereotypical notions of masculinity or femininity are protected from discrimination, harassment, and violence.
You have the right to:
- Be protected from being bullied or harassed because you are transgender or gender nonconforming.
- Equal educational opportunities regardless of your gender identity or gender expression.
- Present yourself in a way that is consistent with your gender identity.
- Privacy concerning your transgender status.
- Expect that your preferred pronoun is honored.
The Speicher-Rubin Women's Center for Equity and Diversity provides support to all persons, regardless of gender.
Title IX Frequently Asked Questions (FAQ)
The following are some of the most common questions about Title IX. Should you have a question not addressed here, please contact the Office of the Dean of Students.
Under Title IX, the college is required to prevent and respond to certain prohibited behaviors (as described above), such as gender-based and sexual misconduct against students, faculty, and staff, whether perpetrated by peers or by employees of the institution. The Title IX Coordinator is responsible for investigating all forms of gender-based and sexual misconduct. Any member of the NJCU community may file a report online.
A student with a complaint alleging any of the described prohibited behaviors should report using the online reporting form. Complaints regarding sexual violence (sexual assault, dating/domestic violence, and stalking) may also be reported to the Department of Public Safety or the Dean of Students Office. Complaints of gender-based or sexual misconduct between NJCU students or where the individual allegedly committing the misconduct is a NJCU student are governed by the NJCU Student Code and applicable state and federal laws.
If unable to report online (which can be done later on), you also can do one of the following:
- You can speak with any NJCU administrator, faculty/staff member, coach, or other employee. All are REQUIRED REPORTERS under Title IX. This means, for example, that if you tell your coach about an incident, the coach is required to report to the Title IX Coordinator.
- In an emergency, tell someone whom you trust. Ask for help!
NJCU encourages the reporting of any and all incidents involving prohibited behaviors.
Faculty and Staff
A college faculty/staff member with a complaint alleging gender-based or sexual misconduct in violation of NJCU’s policies should utilize the Equal Employment Opportunity Policy report it to a supervisor or department head, the Associate VP for Human Resources, the Assistant Director of Human Resources, and the Title IX Coordinator. Complaints of gender-based or sexual misconduct involving faculty or staff or where the individual allegedly committing the misconduct is a NJCU student are governed by the Gender-Based and Sexual Misconduct Policy and applicable state and federal law.
No, there is no time limit. For example, the incident could have happened two years ago, but you still can report it. That said, the sooner you report an incident, the sooner NJCU can take action.
Investigations depend on the information provided by the reporting party as well as the preference of the victim. We will maintain confidentiality as much as possible, knowing that our response is limited to the information we possess.
In some cases, the victim may not want an investigation, but we may need to investigate if the incident poses a risk to the larger campus community or if the accused is a repeat offender. We always will communicate with the victim on any decision to investigate.
If you are the complainant and the reporting party: Upon receipt of the report, the Title IX Coordinator or their Deputy will meet with the complainant (the individual making the complaint of prohibited behavior) to provide a general understanding of this Policy and to identify forms of support or immediate interventions available to them. The intake meeting may also involve a discussion of any other accommodations concerning the parties academic, NJCU housing, or NJCU employment arrangements.
At the initial intake meeting, the Title IX Coordinator will determine how the complainant wishes to proceed. Options range from not pursuing resolution of any kind to pursuing Formal Resolution. If the complainant elects to pursue a Formal Resolution, a formal notice will be sent to the accused party outlining the specific charges. If the complainant does not elect to pursue Formal Resolution, the Title IX Coordinator will choose whether or not to investigate the complaint further. In some cases, NJCU may need to conduct an investigation if dealing with a repeat offender or a larger threat to the NJCU community. The complainant will be notified of any decision to investigate.
When the individual bringing forth the complaint indicates a desire to pursue Formal Resolution, the Title IX Coordinator will prepare and forward the complaint to an investigator who will conduct an investigation and create an investigation report.
If you are a required reporter: The Title IX Coordinator will confirm within one business day that they have received your report. After the report has been received, the Title IX Coordinator will only reach out to communicate with the required reporter if more information is needed. As a required reporter, you must provide all names and details about the event in an online report. The required reporter can contact the Title IX Coordinator with questions at any time. Unless specifically designated a confidential resource, all NJCU faculty and staff are required reporters under Title IX.
If you are a third party reporter: The Title IX Coordinator will confirm within one business day that they have received your report. After the report has been received, the Title IX Coordinator will only reach out to communicate with the 3rd party reporter if more information is needed. A 3rd party reporter can contact the Title IX Coordinator with questions at any time.
If you are an anonymous reporter: Anonymous reporting is always an option under Title IX. The Title IX Coordinator will not contact you if you are an anonymous reporter, because the office has no information about whom made the report and how to contact them. Although NJCU encourages anonymous reporting over no reporting, understand that the less information provided, the more difficult it is for NJCU to address incidents of prohibited behaviors. Be aware that anonymous reporting is an option for complainants and/or third party reporters but not required reporters.
Yes, NJCU offers several confidential resources who are not obligated to report.
NJCU Health and Wellness Center
- Vodra Hall, Suite 107
- Email: email@example.com
- Phone: 201-200-3456
- Gilligan Student Union Building (GSUB), Room 308
- Email: firstname.lastname@example.org
- Phone: 201-200-3165
- Venida Rodman Jenkins, Director (email@example.com)
- Gilligan Student Union Building (GSUB), Room 318
- Phone: 201-200-3189
Our goal is complete all investigations within 60 calendar days. Some investigations may take longer due to complexity, unavailability of witnesses, or other extenuating factors. In all cases, the Title IX Coordinator will communicate with all parties involved in an investigation.
References made to confidentiality mean to the ability of identified confidential resources not to report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and safety emergency or child abuse.
References made to privacy mean the University's offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and seek a resolution and to notify the Title IX Coordinator or the Deputy Title IX Coordinator, who are responsible for tracking patterns and spotting systemic issues.
The University will limit the disclosure as much as possible, even if the Title IX Coordinator or Deputy Title IX Coordinator determines that the request for confidentiality cannot be honored.
The University encourages reporting of sexual misconduct, including sexual harassment. Members of the community are also encouraged to seek medical attention, if necessary, and take steps to preserve pertinent information. Preserving all information/evidence is essential for both law enforcement investigations and campus proceedings, should the student or employee wish to engage with law enforcement or the University. Therefore, any potential information or materials including, but not limited to, clothing, bed linens, voice messages, text messages, letters, emails, phone records, diary of incidents that occurred, and photographs should be preserved.
The Title IX policy does not alter any institutional obligations under federal disability laws, including the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator(s) at any point before or during the Title IX Grievance Process that do not fundamentally alter the process. The Title IX Coordinator will not affirmatively provide disability accommodations not specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.
The US Department of Education’s Office for Civil Rights considers athletics an integral part of an institution’s education program and covered by Title IX protections from discrimination on the basis of sex or gender.
“Before the enactment of Title IX, most colleges and universities traditionally emphasized sports for male students, and the benefits and educational opportunities in athletic programs generally were limited for women. Title IX has helped focus attention on meeting the needs of women interested in athletics and helped education officials to recognize their responsibilities regarding the provision of equal athletic opportunity. The result has been increased involvement of girls and women in sports at all levels.” (Source: US Department Office of Civil Rights https://www2.ed.gov/about/offices/list/ocr/docs/interath.html)
Title IX requires schools to offer students, regardless of gender, equal opportunities to play sports and to treat all athletes equally.
Information and Resources for Pregnant and Parenting Students
Title IX provides for equal educational opportunities for pregnant and parenting students. It prohibits educational institutions from discriminating against pregnant students based upon their marital status and cannot discriminate against a student because of childbirth, false pregnancy or recovery from related conditions.
A pregnant student must be granted a leave of absence for as long as it is deemed medically necessary for the student to be absent. At the conclusion of the student’s leave, the student must be allowed to resume the status that the student held when the leave began.
For further guidance, see “Supporting the Academic Success of Pregnant and Parenting Students” brochure. Although this pamphlet focuses on secondary schools, the legal principles apply to all recipients of federal financial assistance, including post secondary institutions.
Refer also to the following information for pregnant and parenting students.
You must have equal access to classes and activities. If your school has special services for students with temporary medical conditions, they have to offer the same services to pregnant students. For instance, if your school records lectures for students who miss class because they are sick, they must do the same for students who miss class due to pregnancy. Another example is if your school allows a student with a broken leg to change their seat or use a different desk, your school must do the same for pregnant students.
- Your college must excuse your absences due to pregnancy or childbirth for as long as your doctor says is necessary.
- Schools must reschedule exams missed due to pregnancy or childbirth. When you return, your college must allow you to return to the same academic and extracurricular status you had before you left. The college must also give you a chance to make up missed work.
- Your college cannot make you take time off if you don't want to.
- Your college cannot exclude you from a special program because you are pregnant or a parent.
- f your college has a program or activity for students who are pregnant or parents, you get to decide if you want to take part in them. Your college cannot make you attend if you do not want to.
- Your college can make you turn in medical records only if they make students with medical conditions do the same. If they do not make students with other medical conditions submit medical papers to take part in a class or activity, then it is illegal to make pregnant students do so.
You can take part in activities for as long as you want. Your college cannot stop you from joining clubs, going to events, or participating in research unless the school has the same rules for all students who have a condition needing medical attention.
- Your college cannot make you change your major or degree program because you are pregnant or a parent. They cannot force you to attend an alternate program, like an evening program.
- If a professor doesn't want you in class because you're pregnant, tell a school official ASAP. You have a right to take whatever course you want if you meet course prerequisites. The school official should monitor the class and make sure the professor does not show bias in grading. Stick with it so you can graduate and reach your goals!
- If students with temporary medical conditions get online classes or tutoring, students who miss class because of pregnancy or childbirth should get the same.
New Jersey Law (S-1489/A-1465) ensures equal rights and opportunities for pregnant students in institutions of higher education.
- Prohibits institutions of higher education from requiring a student to take a leave of absence, withdraw from an associate, bachelor's or graduate program, or limit her studies due to pregnancy or issues related to pregnancy.
- Requires schools to provide pregnant students with reasonable accommodations, for example, allowing students to maintain a safe distance away from hazardous materials or makeup examinations missed due to pregnancy-related issues, for the successful completion of coursework and research. Institutions would be required to develop, adopt, and distribute policies regarding pregnancy discrimination.
- A graduate student who chooses to take a leave of absence because she is pregnant or recently has given birth will be allowed a minimum of 12 months to prepare for and take preliminary and qualifying examinations. The normative time to a degree while in candidacy for a degree for a pregnant graduate student would be increased in an amount equal to the length of the leave of absence unless a longer extension is medically necessary. The law also allows a graduate student who is not the birth parent to take additional time to prepare for preliminary and qualifying examinations if he or she needs to care for his or her partner or child.
- A student in good academic standing who takes a leave of absence would return to his or her, bachelor's, or graduate degree program in good academic standing under the law.