Sexual misconduct is a concept taken from the Regents’ Rules ethics statement. Sexual misconduct is conduct of a sexual nature that, although not so serious or pervasive that it rises to the level of sex discrimination or sexual harassment, is unprofessional and/or inappropriate for the educational and working environment. The purpose of prohibiting sexual misconduct is to discourage and, if necessary, take disciplinary action for inappropriate or unprofessional activity of a sexual nature in the workplace or classroom, even if that conduct appears to be welcomed and consensual or is not so serious or pervasive that it meets the definition of sex discrimination or sexual harassment.
Examples of behavior that could constitute sexual misconduct include, but are not limited to:
* Repeatedly engaging in sexually oriented conversations, comments or horseplay, including the use of language or the telling of jokes or anecdotes of a sexual nature in the workplace, office or classroom, even if such conduct is not objected to by those present;
* Gratuitous use of sexually oriented materials not directly related to the subject matter of a class, course, or meeting even if not objected to by those present ….