Policy 3356-2-03: Discrimination/harassment

Youngstown State University

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(2)       “Harassment.”  Conduct, or a course of conduct, that degrades or shows hostility toward an individual or group of individuals is based on sex (including pregnancy), race, color, religion, national origin, age, sexual orientation, gender identity and/or expression, disability, or veteran status or any other basis protected by law, and is sufficiently severe and pervasive to a reasonable person that it:

(a)        Unreasonably interferes with an individual’s employment or education; or (b)       Objectively creating a working, living, or educational environment that is hostile, intimidating, offensive, or abusive.

(3)       “Sexual harassment.” Sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that is unwelcome and sufficiently severe or pervasive from both a subjective (the complainant’s) and an objective (reasonable person’s) viewpoint when it meets any of the following:

(a)        Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, academic status, or participation in a university program or activity.

(b)       Submission to or rejection of such conduct by an individual is used as the basis for employment, academic, or programing decisions affecting the individual.

(c)        The conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an employment, academic, or participation environment that is objectively intimidating, hostile, offensive or abusive.

(d)       Sexual harassment can be directed at a member of the same or different sex or sexual orientation.  Examples of inappropriate conduct which may constitute sexual harassment include but are not limited to:

            (i)        Sexual advances or propositions, either explicit or implied.

            (ii)       Sexually suggestive or sexually degrading innuendo, comments or gestures.

            (iii)      Remarks or inquiries about sexual activity, sexual orientation,  or gender identity or expression.

            (iv)      The display or communication of sexually oriented material (including through e-mail or other electronic means).

   (v)       Unwanted touching, hugging, or contacting another’s body.