Sexual Violence

Introduction

A college or university in a free society must be devoted to the pursuit of truth and knowledge through reason and open communication among its members.  Academic communities acknowledge the necessity of being intellectually stimulating where the diversity of ideas is valued.  Its rules must be conceived for the purpose of furthering and protecting the rights of all members of the university community in achieving these ends.

Applicable state and federal laws and institutional rules and regulations governing interpersonal behavior limit the boundaries of personal freedom.  In creating a community free from violence, sexual assault and non-consensual sexual contact, respect for the individual and human dignity are of paramount importance.

The State of New Jersey recognizes that the impact of violence on its victims and the surrounding community can be severe and long lasting.  Thus, it has established this Bill of Rights to articulate requirements for policies, procedures and services designed to insure that the needs of victims are met and that the colleges and universities in New Jersey create and maintain communities that support human dignity.

The campus sexual assault victim's Bill of Rights was adopted by the New Jersey Commission on Higher Education and enacted by the State of New Jersey, effective September 1, 1995.  Procedures for resolving issues of sexual assault are available in the Dean of Students Office, Counseling Office, and the Women's Center.

Bill of Rights

The following Rights shall be accorded to victims of sexual assault that occur.

• On the campus of any public or independent institution of higher education in the state of New Jersey, and
• Where the victim or alleged perpetrator is a student at that institution, and/or;
• When the victim is a student involved in an off-campus sexual assault.

Human Dignity Rights

• To be free from any suggestion that victims must report the crimes to be assured of any other right guaranteed under this policy;
• To have any allegations of sexual assault treated seriously; the right to be treated with dignity;
• To be free from any suggestion that victims are responsible for the commission of crimes against them;
• To be free from any pressure from campus personnel to:
• Report crimes if the victim does not wish to do so;
• Report crimes as lesser offenses than the victim perceives the crime to be;
• Refrain from reporting crimes;
• Refrain from reporting crimes to avoid unwanted personal  publicity.

Rights to Resources on and Off Campus

• To be notified of existing campus and community based medical, counseling, mental  health and student services for victims of sexual assault whether or not the crime is formally reported to campus or civil authorities;
• To have access to campus counseling under the same terms and conditions as apply to other students in their institution seeking such counseling;
• To be informed of and assisted in exercising:
• Any rights to confidential or anonymous testing for sexually transmitted diseases, human immunodeficiency virus, and/or pregnancy;
• Any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases.

Campus Judicial Rights

• To be afforded the same access to legal assistance as the accused;
• To be afforded the same opportunity to have others present during any campus disciplinary proceeding that is allowed the accused; 
• To be notified of the outcome of the sexual assault disciplinary proceeding against the accused.

Legal Rights

• To have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the sexual assault is reported;
• To receive full and prompt cooperation and assistance of campus personnel in notifying the proper authorities;
• To receive full, prompt, and victim-sensitive cooperation of campus personnel with regard to obtaining, securing, and maintaining evidence, including a medical examination when it is necessary to preserve evidence of the assault.

Campus Intervention Rights

• To require campus personnel to take reasonable and necessary actions to prevent further unwanted contact of victims by their alleged assailants;
• To be notified of the options for and provided assistance in changing academic and living situations if such changes are reasonably available.

Statutory Mandates

Each campus must guarantee that this Bill of Rights is implemented. It is the obligation of the individual campus governing board to examine resources dedicated to services required and to make appropriate requests to increase or reallocate resources where necessary to ensure implementation.

Each campus shall make every reasonable effort to ensure that every student at that institution receives a copy of this document.

Nothing in this act or in any “Campus Assault Victim’s Bill of Rights” developed in accordance with the provisions of this act shall be construed to preclude or in any way restrict any public or independent institution of higher education in the state from reporting any suspected crime or offense to the appropriate law enforcement authorities.

• Title IX
• Code of Student Conduct

In New Jersey, a Sexual Assault Response Team (SART) is available 24/7 and free of charge to survivors of sexual violence. This team is comprised of the following members:

• A Forensic Nurse Examiner (FNE)
• A Confidential Sexual Violence Advocate (CSVA)
• A law enforcement professional

SAVE of Essex County operates a confidential hotline staffed by trained Confidential Sexual Violence Advocates 24 hours a day, 365 days a year. To learn more about SART and other services provided by SAVE of Essex County, call 1-877-733-2273.

If you need support services such as SART outside of Essex County, please visit http://njcasa.org/find-help/.

After a sexual assault, you may wish to seek medical attention to treat any possible injuries and to check for injuries you may not be able to see. 

• Contact NJIT Public Safety who can provide you transportation to a hospital in or around Newark by calling (973) 596-3111.
• In Newark, you can go to Newark Beth Israel Medical Center or University Hospital. 
• If 96 hours (4 days) have passed since the incident, you may obtain confidential medical care on campus at the NJIT @ St. Michael's Primary & Specialty Care Center located at St. Michael's Medical Center, 111 Central Avenue, First Floor, Newark, NJ  07102.
• You can also call the National Sexual Assault Hotline at 800.656.HOPE (4673). You’ll be connected to a trained staff member from a local sexual assault service provider in your area. They will direct you to the appropriate local health facility that can care for survivors of sexual assault. 
• You have a right to immediate medical evaluation and evidence collection. Evidence collection does not commit you to filing a criminal complaint immediately. 

In addition to receiving medical attention, you may wish to have a sexual assault forensic exam, sometimes called a “rape kit.” During this exam, someone specially trained to perform this exam, such as Sexual Assault Nurse Examiner (SANE), will collect DNA evidence that can help identify the respondent. 

Preparing for a sexual assault forensic exam:

If you are able to, try to avoid activities that could potentially damage evidence such as:

• Bathing
• Showering
• Using the restroom
• Changing clothes
• Combing hair
• Cleaning up the area

It is important to know that it isn’t your fault and you have the right to make your own choices.

• If you experience a sexual assault and would like to file a report, you can contact the Title IX Coordinator* at kristie.l.damell@dbayscpa.com or 973-596-3446. You can also complete an online Title IX and Sexual Misconduct Reporting form, or contact the Title IX Coordinator directly at the Office of the Dean of Students in L71 Central King Building (lower level). You can also submit an email to titleix@dbayscpa.com.
• If you wish to speak with the Prevention Specialist and Confidential Advocate**, you can contact Brittany Gaviria at brittany.gaviria@dbayscpa.com or 973-596-2664. The Office of Prevention and Advocacy is located at Campus Center Room 289.
• If you wish to speak with one of our Confidential counselors at C-CAPS**, you can contact them at 973-596-3414 or counseling@dbayscpa.com. C-CAPS is located at Campbell Hall Room 205.
• If you wish to file a criminal complaint, you can contact Public Safety*** at 973-596-3111 or your local police department.

*In certain instances, the Title IX Coordinator may need to proceed with formal grievance procedures when considering the following factors: 

• the Complainant has requested anonymity;

• the Complainant requested not to proceed with a Complaint;

• whether the Complainant wants to participate in an investigation;

• the Complainant’s reasonable safety concerns regarding initiation of a complaint;

• the severity and impact of the alleged misconduct;

• whether the misconduct was committed with a weapon;

• the respective ages of the parties and/or whether the Complainant is a minor under the age of 18;

• whether the Respondent has admitted to the misconduct;

• whether the Respondent has a history of committing such misconduct;

• whether there have been other complaints about the same Respondent;

• whether the Respondent is alleged to have threatened further misconduct;

• whether the misconduct was committed by multiple Respondents; 

• whether the report reveals a pattern of misconduct (e.g., at a given location or by a particular group); 

• the existence of independent evidence that may be available without the participation of the Complainant;

• and the extent of prior remedial methods taken with the Respondent.

** The Prevention Specialist and C-CAPS counselors are confidential as they both do not need to report any sexual misconduct and identifying information to the university.  However, it is important to note that a student’s safety comes first. If there is any concern to safety (i.e., danger to self, danger to others, concern of child abuse), both the Prevention Specialist and C-CAPS counselors will inform the student that other campus or external partners must be notified.

*** NJIT Public Safety officers are non-confidential employees with the exception of allegations of sexual assault.  In such specific instances, students are provided the right to refuse Title IX support.

• 23.1% of TGQN (transgender, genderqueer, nonconforming) college students have been sexually assaulted. 
• Women between the ages of 18-24 who are in college are three times more likely to experience sexual assault than women in general.
• Among Black women, for every case of sexual assault that is reported, 15 cases go unreported.
• 13% of all students experience rape or sexual assault through physical force, violence, or incapacitation (among all graduate and undergraduate students).
• Among graduate and professional students, 9.7% of females and 2.5% of males experience rape or sexual assault through physical force, violence, or incapacitation.
• Among undergraduate students, 26.4% of females and 6.8% of males experience rape or sexual assault through physical force, violence, or incapacitation.
• About 41% of male college athletes said in a survey that they had been told about an incident of sexual assault or domestic violence, but that there were largely unaware of their school's procedures on what to do next, and mistrusted their schools and law enforcement.

*It is important to note that statistics may only represent reported cases and only provide a part of a larger story.