3344-2-03: Policy Against Discrimination, Harassment, Sexual Violence and Retaliation

Relevant Excerpt

(1) Harassment is unwelcome verbal, non-verbal, graphic, physical, electronic or other conduct that subjects an individual to an intimidating, hostile or offensive educational or employment environment, is based on one or more of the characteristics listed above, and which:

(a) Denigrates, insults, ridicules, disparages or stereotypes an individual or an individual’s conduct, family, friends, habits or lifestyle; and
(b) Is sufficiently severe, persistent or pervasive and objectively offensive that it limits or interferes with the individual’s ability to participate in or benefit from the university’s programs or activities.

Sexual Harassment is:
(a) Harassment that is based on gender, sexual orientation, gender expression, or a person’s status as a woman or man, transgender, intersex person, or gender-nonconforming individual; and
(b) Sexual harassment includes:

(i) Any unwelcome sexual advance, request for sexual favors or other written, verbal or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, education or participation in a university activity or is used as the basis for any university decisions affecting that individual.
(b) The conduct creates a hostile environment because it is sufficiently severe, persistent or pervasive that it unreasonably interferes with an individual's employment or academic performance or participation in a university activity.

(ii) Unwelcome verbal conduct that is so severe, pervasive, and objectively offensive that the individual is effectively denied equal access to an institution’s resources and opportunities (comments about a person's body, spreading sexual rumors, sexual remarks or accusations, dirty jokes or stories), nonverbal conduct, visual conduct (display of naked pictures or sex-related objects, obscene gestures) or physical conduct (grabbing, rubbing, flashing or mooning, touching, pinching in a sexual way, sexual assault), including the following items when they are part of a pattern of conduct that rises to the level of the standard set forth above:
(a) Jokes, slurs, innuendos, graphic sexual descriptions, or comments about a person’s clothing, body, weight, shape, size or figure, sensuality, sexual activities or gender-specific traits; sounds such as whistling, wolf calls or kissing; repeated unsolicited propositions for dates and/or sexual relations, and; questions about sexual fantasies, preferences or history.
(b) Leering, staring, looking a person’s body up and down, licking lips or teeth, winking or throwing kisses; holding or eating food provocatively; lewd gestures, such as motions that mimic sexual activity; persistent flirting and; displaying sexually suggestive pictures, calendars, posters and other visuals.
(c) Touching that is inappropriate in the workplace or classroom and/or violates boundaries, such as patting, pinching, stroking or brushing up against the body of another person; placing one’s body in the personal space of another person; giving a massage around the neck or shoulders; attempted or actual kissing, grabbing or fondling; touching or rubbing one’s body in a sexually manner where it can be observed by another person; exposing the underwear or body parts of another person, and; physical assault, coerced sexual relations, sexual assault or attempted assault.