Discriminatory harassment is verbal, physical, or visual conduct or any other conduct relating to a protected classification, which has the purpose or effect of interfering with work or academic performance, or creating an intimidating, hostile, or offensive working environment.

This policy applies to all College employees and support personnel and to all College students.

Examples include but are not limited to: (i) epithets, slurs, or threatening, intimidating, or hostile acts or (ii) written or graphic material on the College's campus or on College business that reflects hostility or aversion toward an individual or group because of sex, race, color, age, religion, national origin, marital status, sexual orientation, gender identity or expression, veteran status, medical condition, pregnancy, disability, or any other protected classification.

Sexually harassing behaviors differ in type and severity and can range
from subtle verbal harassment to unwelcome physical contact. Sexual
harassment includes but is not limited to:
a. Unwelcome verbal or physical advances, persistent leers, lewd
comments.
b. The persistent use of irrelevant references that insult or degrade a
person’s gender, or the use of sex stereotypes to insult or degrade.

Any action, verbal expression, usually repeated or persistent, or
series of actions or expressions that have either the intent, or are
reasonably perceived as having the effect, of creating an intimidating,
hostile, or demeaning educational, employment, or living environment
for a student or College employee, by focusing on that person’s gender. A hostile environment is defined as one that interferes with the ability to
learn, exist in living conditions, work (if employed by the College), or
have access and opportunity to participate in all and any aspect of
campus life. (Harassment creating a hostile environment).

To count as harassment, such expression must be reasonably regarded as (a) taunting [Derisive, mocking, ridiculing, or jeering expression], vilifying [Forceful defaming or degrading expression with intent to make the target of
the offending expression vile or shameful, recklessly disregarding the effects of
one’s expression in these respects], or degrading [Subjecting one to public shame that normally cause feelings of inferiority or
loss of self-respect] whether (b) directed at individuals or groups (subject to the clarification and qualification below) and (c) where reasonable people may suppose that such expression harms its target(s) by substantially interfering with their educational opportunities, peaceful enjoyment of residence and community, or terms of employment. Further, to count as harassment subject to possible formal grievance procedures, such expression must (d) be taken either with the intent to interfere with the protected interests mentioned in (c), earlier, or with reckless disregard to the nature of the conduct. Such intent or recklessness must be inferred from all the circumstances. Finally, (e) such expression must be repeated and persistent.

Although the College places great value on freedom of
expression, it also recognizes the responsibility to protect the values and
structures of an academic community. It is important, therefore, that students
assume responsibility for helping to sustain an educational and social
community where the rights of all are respected. This includes conforming their
behavior to standards of conduct that are designed to protect the health, safety,
dignity, and rights of all.

[B]efore any expression can be considered for possible formal grievance procedures, it must be clear that no substantial free expression interests are threatened by bringing a formal charge of harassing expression. This strict criterion for possible formal grievance procedures must be imposed to ensure that the College does nothing that would tend to diminish free expression or compromise principles of academic freedom in the vigorous and often contentious examination and criticism of ideas, works of art, and political activity that marks Swarthmore College.