Board Policy Manual: 03.07.07 Sexual Misconduct and Sex-based Discrimination Policy- Other University-Prohibited Conduct

Relevant Excerpt

Gender-Based Harassment includes harassment based on gender, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature. Such conduct creates a hostile environment. A “hostile environment” exists when the conduct is sufficiently severe, pervasive, and objectively offensive that is unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the University’s education or employment programs and/or activities. Conduct must be deemed severe, pervasive from an objectively offensive perspective. In evaluating whether a hostile environment exists, the University will consider the totality of know circumstances, including, but not limited to: 

1. The frequency, nature, severity, location, duration and context of the conduct; and 

2. Whether the conduct implicates concerns related to academic freedom or protected speech. 

A hostile environment can be created by persistent or pervasive conduct or by a single or isolated incident, if sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical. A single incident of Sexual Assault, for example, may be sufficiently severe to constitute a hostile environment. In contrast, the perceived offensiveness of a single verbal or written expression, standing alone, is typically not sufficient to constitute a hostile environment.