The College of New Jersey

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Policies for Students

The Interim Sexual Harassment, Misconduct, & Discrimination Policy (formerly known as the Title IX Policy) prohibits sexual assault, dating and domestic violence, sexual harassment, stalking and other gender based discrimination, misconduct, and harassment. Individuals who have been subjected to sexual harassment or misconduct are strongly urged to promptly report such incidents. The College will respond promptly to all reports of Prohibited Conduct. The College will oversee and implement fair, equitable, and impartial resolution processes that may be used to hold the Respondent accountable. Accountability may take various forms, but should a Formal Grievance Process be used, and the Respondent is found in-violation of College policy, the College will issue sanctions to the Respondent and offer remedies to the Reporter as appropriate. The severity of the corrective action, up to and including termination or expulsion of the party found responsible, will depend on the circumstances of the particular case.

The Student Conduct Code aims to protect the community and the rights of its members, to cultivate and sustain a positive living and learning environment, to educate Students regarding responsibility and accountability for their actions, to encourage and foster self- insight and self-initiated change of behavior, to uphold the procedural rights of Students accused of violating the College’s rules and regulations, and to encourage the application of ethical decision-making in the daily life of Students.

 

Both of these policies can be accessed here:

Sexual Harassment, Misconduct, & Discrimination Policy Student Conduct Code

 

Key terms related to student policies:

Amnesty

The College’s highest priority is the physical and mental health, safety, and well-being of individual students and the campus community. An element of promoting safety is providing clear, responsible methods of reporting and addressing incidents of sexual misconduct. Therefore, in order to remove potential barriers to reporting sexual misconduct, the Office of Title IX & Sexual Misconduct nor the Office of Student Conduct & Off-Campus Services will charge a student with violating any expectations of student conduct regarding alcohol or other drugs if that student reports such conduct within a complaint of possible sexual harassment/misconduct. However, adjudication for behavior may be considered in the event that the use/administration of alcohol and/or drugs were used to facilitate the alleged sexual misconduct.


Effective Consent

“Effective Consent” is informed, freely and actively given mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. A person may be unable to give Effective Consent when they are unable to consent due to their age, or because the person is physically helpless, mentally incapacitated, or Incapacitated from alcohol or other drugs.

  • Effective Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
  • Effective Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
  • Effective Consent may be initially given but withdrawn at any time.
  • Effective Consent cannot be given when it is the result of coercion, intimidation, force, or threat of harm.

When Effective Consent is withdrawn or can no longer be given, sexual activity with any party does not necessarily constitute consent to any other sexual act under the influence of drugs and/or alcohol force, or threat of harm must stop immediately.


Incapacitated

“Incapacitated” is being in a state where a person lacks the capacity to understand the fact that the situation is sexual, or cannot understand or make a rational and reasonable judgment about the nature and/or extent of a situation (the “who, what, when, where, why and how” of the sexual interaction). A person who knows or should reasonably know that another person is incapacitated may not engage in sexual activity with that person.

Persons who meet any of the following criteria or conditions are incapacitated:

I. Sleeping

II. Passed out or otherwise unconscious

III. Under the age of consent or under a certain age in relation to the other party to the sexual activity (both of which are matters of state law)

IV. Due to a disability, or whom do not have the mental capacity to consent.

A person who does not meet any of those criteria or conditions for incapacity may become incapacitated through the use of alcohol or drugs. Such a person’s state of incapacity is a subjective determination that is based on all of the facts available because persons reach incapacitation at different points and as a result of different stimuli.

Alcohol related incapacity results from a level of alcohol ingestion that is more severe than that required to produce the minimum levels of influence, impairment, intoxication, inebriation, or drunkenness. Factors that can influence a person’s status include gender, body size and composition; tolerance for alcohol and other drugs; amount and type of alcohol or other drugs taken or administered, and the mixture taken; amount of food intake prior to administration; propensity for blacking out; genetics; and time elapsed since the ingestion of the alcohol or drugs.

The effects of alcohol and Drug use often occur along a continuum. For example, alcohol intoxication can result in a broad range of effects, from relaxation and lowered inhibition to euphoria and memory impairment, and to disorientation and incapacitation. Incapacitation due to alcohol or drug use is a state beyond “mere” intoxication or even being drunk. It exists when a person lacks the ability to make or act on a considered decision to engage in sexual activity. Indicators of incapacitation may include inability to communicate, lack of control over physical movements, and/or lack of awareness of circumstances. An incapacitated person can also experience a blackout state during which the person is conscious, but has limited ability to form or retain memories, and may exhibit verbal or non-verbal (e.g., a nod) expressions that under normal circumstances between two individuals acting with full capacity might reasonably be interpreted as conveying consent. Because that person does not have the capacity to consent, despite those expressions, consent is lacking. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication due to alcohol and/or Drug use. The relevant standard that will be applied is whether the Respondent knew, or a sober reasonable person in the same position should have known, that the other party was Incapacitated and therefore could not consent to the sexual activity.

Some medical conditions may also cause incapacitation. Incapacity can result from factors including, but not limited to mental disability, involuntary physical restraint, or the administration of substances.


Sexual Assault

Forms of Prohibited Conduct that would fall under Sexual Assault include:

  • Completed or attempted, Sexual Penetration, however slight, of a person without that person’s Effective Consent.
  • (Fondling) The touching of an Intimate Body Part of another person for the purpose of sexual gratification, without that person’s Effective Consent.
  • (Incest) Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • (Statutory Rape) Sexual intercourse with a person who is under the statutory age of 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 Effective Consent.

Sexual Harassment

Sexual Harassment is a collective term that includes distinct, and sometimes overlapping definitions. The Title IX Final Rule defines Sexual Harassment as conduct on the basis of sex that satisfies one or more of the following:

  • a. An employee conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual contact (commonly referred to as “quid pro quo”)*;
  • b. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s Education Program or Activity*;

In addition, consistent with Title VII of the Civil Rights Act of 1964, the New Jersey Law Against Discrimination, and the recognition that Sexual Harassment may occur in a wider variety of contexts, the College also defines Sexual Harassment to include:

  • c. Conduct of a sexual nature or based on gender or sexuality that is severe or pervasive enough to create a Hostile Environment, as defined by a reasonable person under similar circumstances. This may include unwanted, unwelcome, or inappropriate sexual or gender-based activities, or comments.
  • d. Unwelcome 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.

Stalking

Engaging 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.

“Course of Conduct” means two or more acts of repeatedly maintaining a visual or physical proximity to a person; following, monitoring, observing, surveilling, threatening, or communicating to or about a person directly or through Third Parties, by any action, method, device, or means; interfering with a person’s property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of Communication or threats implied by conduct or a combination thereof directed at or toward a person


Dating or Domestic Violence

Interpersonal violence includes any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, domestic, or other intimate relationship with that person. Any of the other types of Prohibited Conduct described in this Policy may also constitute interpersonal violence. Domestic Violence and Dating Violence are forms of interpersonal violence as defined below:

  • Domestic Violence: includes any act of violence or threatened act of violence committed by a current or former spouse or intimate partner of the Reporter; by a person with whom the Reporter shares a child in common; by a person who is cohabitating with, or has cohabitated with, the Reporter as a spouse or intimate partner; by a person similarly situated to a spouse of the Reporter under New Jersey state law; or by any other person against an adult or minor Reporter who is protected from that person’s acts under New Jersey state law.
  • Dating Violence: includes any act of violence or threatened act of violence committed by a person:
    • who is or has been in a social relationship of a romantic or intimate nature with the Reporter; 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.

Sexual Exploitation

  • a. Engaging in voyeurism which may constitute acts including but not limited to listening, watching or taking pictures, videos, or audio recordings of another person in a state of undress without their Effective Consent or of another person engaging in a sexual act without the Effective Consent of all parties.
  • b. Unauthorized display, publication, posting, transmission, or other dissemination (including via the Internet) of another in a state of undress or of a sexual nature without the person’s Effective Consent. Consent to be recorded does not imply consent for such records to be displayed, published, transmitted, or otherwise disseminated.
  • c. An act or acts committed through abuse or exploitation of another person’s gender or sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, or other non-legitimate purpose without the Effective Consent of the person.
  • d. Exposure of one’s sexual organs or the display of sexual behavior or contact that would reasonably be offensive to others or be observed by any other nonconsenting persons who would be affronted or alarmed.
  • e. “Stealthing” which involves intentionally removing a condom without the other person’s Effective Consent during sexual activity.
  • f. Knowingly exposing another individual to a sexually transmitted infection, disease, or virus without the other individual’s knowledge and Effective Consent.

Retaliation

College Policy protects all students and employees from all forms of retaliation.

Retaliation is considered any adverse action, intimidation, threat, coercion or discrimination against an individual (including Students, employees, and Third Parties) for the purpose of interfering with any right or privilege secured by Title IX or its Final Rule, or because the individual has made a report or Formal Complaint of Prohibited Conduct, been accused of Prohibited Conduct, testified, assisted, or participated or refused to participate in any manner in any investigation, proceeding, hearing, or other resolution process under this Policy.

For information regarding examples of retaliation in the workplace please refer to The Policy Prohibiting Discrimination in the Workplace/Educational Environment.


Protected Category

“Protected Category” collectively refers to one or more of the following categories: age, race, creed, color, national origin, nationality, ancestry, sex/gender (including pregnancy), marital status, civil union status, domestic partnership status, familial status, religion, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for service in the Armed Forces of the United States, or disability.

Abusive or harassing conduct directed at a person or group because of actual or perceived membership in a Protected Category (sometimes generally known as “bias” or “hate crimes”) may result in an enhanced sanction.


 

Policy for Faculty/Staff

The College of New Jersey is committed to providing its current and prospective employees and students with a workplace/educational environment free from prohibited discrimination or harassment. Prohibited discrimination/harassment undermines the integrity of the academic environment and employment relationship, compromises equal employment opportunity, debilitates morale and interferes with the opportunity for all persons to fully participate in the academic, work and living environment of the College. To achieve the goal of maintaining a work/educational environment free from discrimination or harassment, the College will not tolerate forms of discrimination or harassment based upon particular protected categories. The College reserves the right to take either disciplinary action, if appropriate, or other corrective action, to address any unacceptable conduct that violates this policy, regardless of whether the conduct satisfies the legal definition of discrimination or harassment. This policy can be accessed below.

Policy Prohibiting Discrimination

 

 

Downloadable Resources:

    Common Terminology Handout

    Download

 

 

 

 

 

 

 

For any questions or concerns, please contact the Title IX Coordinator, Chelsea Jacoby, directly at jacobyc@tcnj.edu or (609) 771-3112.

ATTENTION: For questions/concerns or if you or someone you know has experienced any form of sexual violence, be sure toContact Us
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