What Does Title IX Cover?

As an employee, you are protected under Title IX and have rights.

Title IX for Employees

Discrimination on the Basis of Sex

Sex Discrimination is different treatment with respect to an individual’s employment or participation in an education program or activity based, in whole or in part, upon the individual’s actual or perceived protected characteristic under Title IX. 

Sex-based Harassment 

Sex-Based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, including  that satisfies one or more of the following:

  1. Quid Pro Quo: An  employee, agent, or other person authorized by NJIT to provide an aid, benefit, or service under NJIT’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct; or conditions the provision of an aid, benefit, or service of NJIT on an individual’s  participation in unwelcome sexual conduct; or
  2. Hostile Environment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from NJIT’s education program or activity.

Types of Sex-based 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 co-habitated 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.