Handbook of Operating Procedures: 2.4.3. Sexual Misconduct

Relevant Excerpt

Hostile Environment – exists when sexual misconduct is sufficiently severe or pervasive to deny or limit the individual’s ability to participate in or benefit from an education program or activity or an employee’s terms and conditions of employment. A hostile environment can be created by anyone (e.g., administrators, faculty members, employees, students, and University visitors) involved in an education program or activity or work environment.

In determining whether sexual misconduct has created a hostile environment, the University considers the conduct in question from both a subjective and objective perspective. It will be necessary, but not adequate, that the conduct was unwelcome to the individual who was mistreated. To conclude that conduct created or contributed to a hostile environment, the University must also find that a reasonable person in the individual’s position would have perceived the conduct as undesirable or offensive.

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Other Inappropriate Sexual Conduct – Conduct on the basis of sex that does not meet the definition of “sexual harassment” under this Policy, but is
1) If verbal conduct (including through electronic means), unwanted statements of a sexual nature intentionally stated to a person or group of people, that are objectively offensive to a reasonable person and also so severe or pervasive that they created a Hostile Environment, as defined in this Policy. The type of verbal conduct (if all other elements are met) may include:
a) Unwelcome sexual advances (including explicit or implicit proposition(s) of sexual contact or activity);
b) Requests for sexual favors (including overt or subtle pressure);
c) Gratuitous comments about an individual’s sexual activities or speculation about an individual’s sexual experiences;
d) Gratuitous comments, jokes, questions, anecdotes or remarks of a sexual nature about clothing or bodies;
e) Persistent, unwanted sexual or romantic attention;
f) Exposure to sexually suggestive visual displays such as photographs, graffiti, posters, calendars or other materials; or
g) Deliberate, repeated humiliation or intimidation.