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. 

Sexual Harassment 

Sexual Harassment is a form of sex discrimination and includes sexual harassment and other harassment on the basis of sex or gender that satisfies one or more of the following:

  1. Quid Pro Quo: An employee conditions the provision of an aid, benefit, or service of NJIT on an individual participating in unwelcome sexual conduct; or
  2. Hostile Environment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a NJIT education program or activity; or
  3. Prohibited Conduct also includes Sexual Assault, Dating Violence, Domestic Violence, Stalking, and Retaliation, as defined below.

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 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.

Retaliation - includes words or acts committed against an individual or group of individuals involved in a protected activity. Protected activity includes making a good faith report under the Title IX policy; filing an external complaint; or opposing in a reasonable manner and consistent with NJIT policy an action reasonably believed to constitute a violation of the Title IX Policy.