Non-Title IX Sexual/Gender-Based Harassment: Non-Title IX Sexual or gender-based harassment is a form of discrimination that includes verbal, written, or physical behavior, directed at someone, or against a particular group, because of that person’s or group’s sex, gender identity, actual or perceived sexual orientation, or based on gender stereotypes, when:
- that conduct is unwelcome and meets the following criteria:
- the conduct has the purpose or effect of creating an intimidating, hostile, or offensive educational, employment, University living, or University activity or program environment(s) for an individual, or
- the conduct unreasonably interferes with the educational, employment, or University living, or University activity or program environment(s) of an individual; AND
- the conduct is sufficiently severe or pervasive that it alters the terms, conditions, or privileges of an individual’s education, employment, University living environment, or participation in a University activity or program.
Conduct may be verbal or nonverbal, written, or electronic. Sexual or gender-based harassment can occur between any persons, including those the same or opposite sex, and either as single or repeated incidents. Whether conduct is sufficient to constitute harassment is evaluated under the totality of the circumstances, including the frequency of the conduct, its severity, whether it is physically threatening or humiliating, or merely an offensive utterance. These factors are evaluated from both subjective and objective viewpoints, considering not only the effect that the conduct actually had on the person, but also the impact it would likely have had on a reasonable person in the same situation. The conduct must subjectively and objectively meet this definition to be sexual or gender-based harassment under this Policy.