Legal landscape note: This article was originally published in 2015 and describes the law as it stood at that time. New Jersey law changes frequently -- contact us to discuss how the current law applies to your situation.
Overview
The conversation around campus sexual assault has evolved significantly in recent years. Research published in the Journal of the American Medical Association Pediatrics challenges earlier assumptions that a small number of serial perpetrators commit the majority of campus rapes. Instead, longitudinal studies suggest the problem is more complex—involving a broader range of offenders and circumstances than previously understood.
For New Jersey colleges and universities, this complexity underscores the importance of comprehensive prevention programs, clear response protocols, and victim-centered policies. Institutions that receive federal funding have specific obligations under Title IX to address sexual violence—and failure to meet those obligations can have serious legal consequences.
What the Research Shows
A longitudinal study conducted by Georgia State University psychology professor Kevin Swartout and his team examined sexual behaviors among college men over a 15-year period. Among 1,645 participants, 177 (10.8%) reported having perpetrated at least one rape from age 14 through the end of college. Notably, the study found that of the 84 men who reported committing rape before college, 50 (59.5%) did not perpetrate any rapes during college. Conversely, 72.4% of men who committed rape during college had no history of rape before enrolling.
These findings suggest that campus environments themselves may play a role in facilitating sexual violence—and that prevention efforts must address the broader campus culture, not just a small group of identifiable repeat offenders.
Title IX Obligations for New Jersey Colleges
Under Title IX of the Education Amendments of 1972, colleges and universities receiving federal funding must:
- Respond promptly and equitably to reports of sexual harassment and assault
- Provide supportive measures to victims, including no-contact orders, academic accommodations, and counseling referrals
- Conduct fair investigations that give both parties an opportunity to present evidence
- Take steps to prevent recurrence and address the effects of sexual violence on the campus community
- Publish clear grievance procedures that comply with federal regulations
New Jersey institutions including Rutgers, Princeton, Seton Hall, Rowan, and Montclair State must all meet these obligations. When they fail to do so, victims may file complaints with the U.S. Department of Education's Office for Civil Rights or pursue litigation.
Prevention as a Legal Obligation
Prevention is not just a best practice—it is part of an institution's legal duty under Title IX. Effective prevention programs typically include:
- Bystander intervention training
- Education about consent and healthy relationships
- Clear policies defining prohibited conduct
- Accessible reporting mechanisms
- Regular climate surveys to assess campus safety
Key Takeaways
- Research suggests campus sexual assault involves a more complex offender profile than previously understood
- New Jersey colleges receiving federal funding have specific obligations under Title IX to prevent and respond to sexual violence
- Institutions must provide supportive measures to victims and conduct fair investigations
- Effective prevention programs should address campus culture broadly, not just focus on repeat offenders
- Victims of campus sexual assault have rights and legal options if their institution fails to respond adequately
Reviewed by Britt J. Simon, Esq., Managing Partner — Simon Law Group, LLC — May 2026
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