Student Handbook: Policy on Title IX and other gender-based misconduct

Relevant Excerpt

Sexual Harassment : A form of discrimination that includes verbal, written, or physical behavior, directed at someone because of that person’s sex (actual or perceived), gender, gender identity, gender expression, actual or perceived sexual orientation, sexual identity, or based on gender stereotypes, when that behavior is unwelcome and meets any of the following criteria: ... The unwelcome behavior is so severe or pervasive that a reasonable person would find that it: alters the terms or conditions or a person’s employment or educational experience; or unreasonably interferes with an individual’s work or performance in a course, program, or activity, thus creating a hostile or abusive working or educational environment. This can be referred to as “hostile environment.” Examples of this type of sexual harassment include but are not limited to:

Unwelcome sexual advances or requests for sexual favors;
Unwelcome commentary, including but not limited to drawings, written statements, social media posts, or verbal statements, about an individual’s body, genitals or sexual activities;
Unwelcome teasing, joking, or flirting based on actual or perceived gender identity, gender expression, or sexual identity/orientation; and
Verbal abuse of a sexual nature or based upon gender, gender identity, gender expression, sexual identity, sexual orientation, or gender stereotypes.

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The protections of the First Amendment are carefully considered in all reports involving speech or expressive conduct. The fact that speech or expressive conduct is offensive is not, standing alone, a sufficient basis to establish a violation of this policy. Students and faculty in an educational environment have robust speech rights, including the right to freely examine, exchange, and debate diverse ideas. Speech or expressive conduct that constitutes sexual harassment is neither legally protected expression nor the proper exercise of academic freedom.

A person’s subjective belief alone that behavior is offensive does not necessarily mean that the conduct rises to the level of a policy violation. The behavior must also be objectively offensive.