Office of Equal Opportunity: Sexual Misconduct Policy

Relevant Excerpt

Tufts policy defines sexual harassment as a form of sex and gender discrimination that involves unwelcome or unwanted conduct of a sexual nature. It can include unwelcome or unwanted sexual advances, requests for sexual favors and other physical or verbal conduct of a sexual nature. Sexual harassment can include conduct directed at a person because of their real or perceived gender. Similarly, sex and/or gender based harassment that is not sexual in nature is prohibited by this policy, and the University’s NonDiscrimination Policy, and can also include conduct directed at a person because of their real or perceived sex and/or gender. This conduct violates Tufts policy when: ... The conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance.

Sexual and sex and/or gender based harassment has the purpose or effect of unreasonably interfering with an individual’s work or academic performance if, for example, it is sufficiently serious, pervasive and persistent as to create an intimidating, hostile, humiliating, demeaning, discriminatory or sexually offensive working, academic, residential or social environment under both an objective (i.e. a reasonable person’s view) and subjective (the complainant’s view) standard.

Some examples of unwelcome or unwanted conduct under Tufts policy that could constitute sexual and/or sex and/or gender-based harassment include (but are not limited to):

• Sexual propositions
• Sexual advances – with or without touching
• Sexual jokes or describing sexual conduct
• Comments on an individual’s body and/or appearance
• Comments about sexual activity, experiences, deficiencies or prowess
• Displaying sexually suggestive objects, pictures, cartoons and other images
• Sexual gestures, leering, whistling or innuendos of a sexual nature
• Unwelcome or unwanted contact – touching, hugging, brushing against a person’s body, impeding or blocking movement
• Hostile or intimidating conduct such as yelling or screaming at an individual based on sex/gender
• Sexist statements and behavior
• Taunting slurs or other hostility for failing to conform to expected notions of masculinity or femininity
• Persistent requests for dates or sexual favors/activities
• Inappropriate gifts or communications (letters, telephone calls, emails, texts)
• Other sexual misconduct such as domestic or intimate partner/relationship violence and sexual assault (covered elsewhere in this policy)
• Use of pet names, nicknames or terms of endearment
• Intentionally and/or repeatedly refusing to adhere to a person’s expressed and preferred gender pronoun or otherwise intentionally and/or repeatedly disrespecting the same