SECTION 4. DEFINITION OF SEXUAL HARASSMENT
“Any unwelcome sexual advance or requests for sexual favors or any conduct of a sexual nature when … (3) such conduct has the purpose or affect of substantially interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working environment.”
The law currently recognizes two forms of sexual harassment: …
2. Hostile Environment
a. Such contact affects or interferes with an individual’s work or academic performance or creates an intimidating, hostile or offensive academic or working environment. Hostile environment sexual harassment involves speech or conduct that is directed at someone because of their gender and/or is conduct of a sexual nature. Such speech or conduct includes but is not limited to unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or a sexual nature.
b. Such speech or conduct is reasonably regarded as offensive and substantially impairs the academic or work opportunity of students, colleagues or co-workers. This policy shall not be interpreted so as to constitute interference with academic freedom.
3. Gender Harassment
a. Gender harassment is a form of sexual harassment, which consists of discriminatory behavior towards an individual based on gender. It includes the use of sexist language, illustrations, examples and gestures that demonstrate discriminatory behavior. Sexually related conduct forms the basis of a sexual harassment claim if a reasonable person of the same gender would consider the actions sufficient to interfere unreasonably with the academic and/or employment performance of the Complainant.
While it is not possible to list all conduct which may constitute sexual harassment, the following are some examples of conduct which may constitute sexual harassment depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness. Examples of sexual harassment may include but is not limited to:
1. Direct or unwanted proposition of a sexual nature.
2. Direct or implied threats that submission to sexual advances is a condition of employment, promotion, or advancement in grades, letters of recommendation, scholarships, or any related matter.
3. A pattern of conduct intentionally intended and/or which has the effect of humiliating another that includes examples of the following: comments of a sexual nature, sexually explicit statements, questions, anecdotes, jokes, pictures, or other written materials.
4. A pattern of conduct that would humiliate another (using the reasonable person standard) which would include the following: Unnecessary touching, patting, hugging, or brushing against another’s body, remarks of a sexual nature about a person’s clothing or body, or remarks about sexual activity or speculations about sexual experiences.