What is Title IX and Gender-Based Misconduct?
Title IX is a federal law which prohibits discrimination on the basis of gender or sex. Sexual harassment and sexual violence are forms of discrimination under Title IX. Along with several other federal and state laws, Title IX Montclair State University’s policies and procedures in preventing and addressing these forms of misconduct.
Gender-Based Misconduct is the term Montclair State University uses to describe the range of behaviors that are prohibited under our policies relating to gender, sex, and relationships. It includes non-consensual sex and sexual contact, sexual harassment, sexual exploitation, dating and domestic violence, and stalking.
How to Report a Title IX Sexual Harassment/Sexual Assault Incident
Montclair State University supports and encourages reporting to address incidents of sexual assault, sexual harassment, dating violence, domestic violence, intimate partner violence, and stalking.
All employees who are not Confidential Employees and have received a report of gender-based misconduct, must report it, as appropriate. The Title IX team will determine what steps need to be taken.
- If you have a complaint against a Montclair State University employee for gender-based misconduct, please either submit a Title IX report or contact Paul Apicella (see below).
- If you have a complaint against a Montclair State University student for gender-based misconduct, please either submit a Title IX report or contact Yolanda Alvarez (see below).
Title IX Notice
Montclair State University is committed to eliminating sexual assault, forms of domestic violence, and sexual harassment. The University’s Title IX Sexual Harassment/Sexual Assault Policy and Procedures are adopted to comply with state and federal laws.
Montclair State is required by Title IX and 34 C.F.R. 106 not to discriminate on the basis of sex or gender, and does not discriminate on the basis of sex or gender in the operation of education programs and activities. The requirement to not discriminate on the basis of sex or gender in the operation of education programs and activities extends to admission and employment. Inquiries about the application of Title IX and 34 C.F.R. 106 may be referred to the University’s Title IX Coordinator (if related to employment) or the University’s Deputy Title IX Coordinator (if related to students), or to the Assistant Secretary of the U.S. Department of Education, or both, at the contact information provided below.
Updates
On August 24, 2021, the U.S. Department of Education issued new guidance regarding cross examination during live hearings at postsecondary institutions.
“In accordance with the court’s order, the Department will immediately cease enforcement of the part of § 106.45(b)(6)(i) regarding the prohibition against statements not subject to cross-examination.”
What does this mean for cross examination moving forward?
Montclair State University will cease to enforce the provision of Title IX that prevents a Decision Maker from relying on a party’s statements if that party does not submit to cross-examination. Note: all other parts of 34 C.F.R. § 106.45(b)(6)(i) will remain in effect.
Questions & Contacts
You may review the U.S. Department of Education’s letter in its entirety here. Students and staff may direct questions to:
Paul Apicella, JD
Director of Institutional Compliance and Title IX Coordinator
Equal Employment Opportunity and Affirmative Action Officer
Phone: 973-655-2041
Email: apicellap@shorinji-kempo.net
Michelle Affinito
Executive Assistant
Office of University Counsel
Phone: 973-655-5225
Email: affinitom@shorinji-kempo.net
Yolanda Alvarez, Ed.D.
Deputy Title IX Coordinator and Associate Dean of Students
Dean of Students Office
Phone: 973-655-7543
Email: alvarezyo@shorinji-kempo.net
Assistant Secretary
U.S. Department of Education
Office of Postsecondary Education
400 Maryland Avenue, S.W.
Washington, DC 20202
Main Telephone: 202-453-6914 or 1-800-872-5327 (toll-free)
Other Resources
You can also report an incident to the following entities:
- University Police: 973-655-5222
- U.S. Department of Education, Office for Civil Rights: 800-421-3481; or by completing an online complaint form
- Call 911 (when off campus only)