Discrimination and Non-Title IX Sexual Misconduct Policy

Relevant Excerpt

Harassment. Harassment is a form of discrimination that encompasses unwelcome conduct based on a person’s legally protected status. Harassment is unwelcome verbal or physical conduct directed toward, or differential treatment of, an individual because of their membership or perceived membership in any protected group when the conduct is sufficiently severe or pervasive to have the effect of unreasonably interfering with an individual’s educational experience, working conditions or living conditions. Harassment in violation of this Policy depends on the totality of the circumstances, including the nature, frequency, and duration of the conduct in question, the location and context in which it occurs, and the status of the individuals involved. Examples of conduct that can
constitute harassment if based on an individual’s legally protected category includes but is not limited to:
• Epithets, slurs, jokes or negative stereotypes;
• Written, printed or graphic material that contains offensive, denigrating or demeaning comments or pictures ;
• Displaying offensive, denigrating or demeaning posters, emails, text messages or cell phone pictures; and
• Conduct, whether verbal, physical, written or electronic that threatens, intimidates, offends, belittles, denigrates, or shows an aversion toward an individual or group because of their legal protected status.

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Sexual Harassment. Sexual Harassment. Sexual harassment is any unwelcome sexual advance, request
for sexual favors or other conduct of a sexual nature, whether verbal, graphic, physical, or otherwise, when the conditions outlined below are present. ... Such conduct creates a hostile environment. A “hostile environment” exists when the conduct is sufficiently severe, persistent, or pervasive that it 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, persistent, or pervasive from both a subjective and an objective perspective.