Relationship Violence, Sexual Misconduct, and Stalking Policy (Interim): Sexual or Gender-Based Harassment

Relevant Excerpt

Any unwelcome sexual advance, requests for sexual favors, or other unwelcome conduct of a sexual nature, whether verbal, non-verbal, graphic, or physical, when the conditions are outlined in (1), (2), or (3), below, are present.

Gender-based harassment is harassment based on gender, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal, non-verbal, graphic, or physical, even if the acts do not involve conduct of a sexual nature, when the conditions outlined in (1), (2), or (3), below, are present.

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Such conduct creates a hostile environment.  A hostile environment exists when the conduct is sufficiently serious, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the University’s educational, employment, and/or campus-residential experience when viewed through a subjective and objective standard.

Whether sexual harassment is sufficiently severe, persistent or pervasive to violate this Policy may depend on multiple factors.  In evaluating whether a hostile environment exists, the University will consider the totality of known circumstances.  Not all inappropriate or unwanted sexual conduct is sexual harassment.  Whether the unwanted sexual conduct rises to the level of creating a hostile environment will be determined using both a subjective and objective standard.  However, the person should not be discouraged from reporting unwelcomed sexual conduct simply because they are not certain whether it is severe, persistent or pervasive, or objectively offensive enough to constitute a policy violation.

Examples of Sexual Harassment

Some examples of prohibited sexual harassment include:

• Deliberate touching which does not contribute to or advance the work, service, or educational activity being conducted.
• Repeated brushing against or touching of another’s body, which does not contribute to or advance the work, service, or educational activity being conducted.
• Pressure or demands for a date or for sexual activity with a subordinate by an individual in authority.
• Repeated requests for a date or for sexual activity.
• Written/electronic, verbal, pictorial, nonverbal, or actual displays of obscenity which do not contribute to or advance the work, service, or education activity being conducted.