Title IX & Sexual Violence
New Jersey Law Against Discrimination, Title IX & VAWA
Sex discrimination and sexual misconduct are violations of both Federal and State law. The Violence Against Women Act of 1994 (“VAWA”), as reauthorized in 2000, 2005, and by the Campus Sexual Violence Elimination Act of 2013 (“Campus SaVE Act”) added the crimes of dating violence, domestic violence, and stalking to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics of 1990 (“Clery Act”).
Stockton prohibits sex discrimination, sexual and gender-based harassment, and acts of sexual violence. Any person can experience sexual violence: whether cisgender male or female, straight, gay, lesbian, bisexual or transgender, whether part-time and full-time, whether with and without disabilities, and persons of different races and ethnicities, national origin, immigration or citizenship status.
Sexual or gender-based harassment are forms of sex discrimination prohibited under the New Jersey Law Against Discrimination (NJLAD). Additionally, sex discrimination includes claims based on gender identity or failure to conform to stereotypical notions of masculinity or femininity. Similarly, actual or perceived sexual orientation or gender identity of the parties does not change Stockton’s obligation to investigate and resolve allegations.
Title IX states that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681 & 34 C.F.R. Part 106.
Both the NJLAD and Title IX prohibit retaliation. Title IX also prohibits retaliation against whistleblowers and discrimination in admission against persons who are blind or visually impaired.
Stockton must (1) determine whether the alleged conduct is sufficiently serious to limit or deny a student’s ability to participate in or benefit from the school’s educational program, i.e., creates a hostile environment; and (2) upon notice, take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects. (Source: 2020 Federal Title IX Regulations).