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.

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.

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 Covers:

  • 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.

WHAT IS NJCU’S ROLE IN FOLLOWING TITLE IX?

  • Investigations of Student Sexual Misconduct
  • Advocacy for Complainant and Respondent
  • Appropriate Responses to Policy Violations
  • Education and Prevention Programs

NJCU encourages all students to report any incident of sexual misconduct.

What are the major forms of sexual misconduct prohibited by Title IX?

Unwelcome conduct including commenting on one’s body/physical appearance/clothing, inappropriate touching, and so forth. This includes cyber-harassment.

Sexual harassment based on gender identity, including harassment of LGBTQ students, and inappropriate comments about a student’s gender identity/gender non-conformity. This includes cyber-harassment.

Unwanted physical behaviors including sexual assault, rape, relationship/intimate partner violence, or other coercive, non-consensual actions.

Threats to a student that cause fear or that lead the student to self-protective behaviors.

Non-consensual abuse (such as releasing intimate photos or videos or providing alcohol to induce incapacitation) for the purpose of sexual gratification or personal/financial gain.

Unwelcome conduct that is so severe, pervasive, or ongoing that it interferes with a student’s ability to participate in their educational programs and/or educational activities.

 

Conduct directed at a student that causes the student to fear serious harm or danger to themselves or to closely related individuals.This includes cyberstalking. 

 


How can I file an incident report?

Under Title IX, the college is required to prevent and respond to sex discrimination, which includes 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.  Accordingly, members of the college community may file complaints of gender-based or sexual misconduct with the Title IX Coordinator You may also file a report online.
 
Students

Gender-based and sexual misconduct is any unwanted and unwelcome sexual behavior that significantly interferes with a student’s success or access to educational opportunities at the college. A student with a complaint alleging gender-based and sexual misconduct should report it to the Title IX Coordinator. 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.

You can do one of the following:

  • You can file a report online
  • You can speak with any NJCU administrator, faculty/staff member, coach, or other employee. All of those groups are REQUIRED REPORTERS under Title IX.  The Dean of Students Office is the office that oversees all student Title IX issues
  • In an emergency, tell someone whom you trust. Ask for help!

 
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.


FAQS

Yes, NJCU offers several confidential resources who are NOT OBLIGATED to report. They are:

Speicher-Rubin Women's Center for Equity and Diversity

  • Venida Rodman Jenkins, Director (vrodman@njcu.edu)
  • Gilligan Student Union, Room 318
    Phone: 201-200-3189
    Fax: 201-200-2542

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 reporting party:
Upon receipt of the report orally or online, the Title IX Coordinator or their Deputy will meet with the individual making the report of sexual harassment or sexual misconduct in order to provide a general understanding of this Policy, 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, College housing, or College employment arrangements.

At the initial intake meeting, the Title IX Coordinator will seek to determine how
the reporting party wishes to proceed. Options range from not pursuing resolution of any kind to pursuing Formal Resolution. Though the College may elect to pursue a complaint when an individual does not wish to proceed, deference is generally given to the
individual’s decision.

If the individual bringing forth the complaint elects to pursue a Formal Resolution,
a formal notice will be sent to the accused party outlining the specific charges. If the individual does not elect to pursue Formal Resolution, the Title IX Coordinator will choose whether or not to further investigate the complaint.

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. The investigation process is as follows in the flowchart provided below.

If you are a mandated reporter: Title IX will confirm within one business
day that they have received your report. After the report has been received, Title IX will only reach out to communicate with the mandated reporter if more information is needed. As a mandated reporter, you are required to provide all names and details about
the event in an online report. The mandated reporter can contact Title IX with questions at any time.

If you are a 3rd party reporter: Title IX will confirm within one business day that they have received your report. After the report has been received, Title IX will only reach out to communicate with the 3rd party reporter if more information is needed. A 3rd party reporter can contact Title IX with questions at any time.

If you are an anonymous reporter: Anonymous reporting is always an option
under Title IX. Title IX will not contact you if you are an anonymous reporter, because Title IX has no information about whom made the report and how to contact them. Although Title IX encourages anonymous reporting over no reporting, understand that the less information Title IX has, the more difficult it is for Title IX to take action in remedying an incident of sexual misconduct. Be aware that anonymous reporting is an option for complainants and/or 3rd party reporters but not mandated reporters.

Our goal is complete all investigations within sixty calendar days. Some investigations may take longer due to complexity, unavailability of witnesses, or other extenuating factors. However, most investigations are complete prior to sixty days.

Equity in Athletics  

The US Department of Education’s Office of Civil Rights considers Athletics to be 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 male and female students equal opportunities to play sport and treat male and female athletes fairly.


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.

If you have any questions regarding your rights as a pregnant or parenting student, please contact the Title IX Coordinator.

For more information, on Title IX at NJCU, please contact the NJCU Dean of Students Office:

Gilligan Student Union Building (GSUB), Room 127
Tel: 201-200-3525 
Fax: 201-200-3583