Gender-based harassment can occur if a person is harassed either for exhibiting what is perceived as a stereotypical characteristic of their gender or for failing to conform to stereotypical notions of masculinity or femininity, and that harassing conduct unreasonably interferes with a person’s education or participation in educational programs or activities, or creates an intimidating, hostile, demeaning, or offensive academic, campus, or living environment.
The following describes some conduct that may be gender-based harassment:
- Acts of aggression, intimidation, stalking, or hostility based on gender or gender stereotyping; or
- Threats or non-consensual disclosure of a person’s gender identity or that a person is transgender or non-binary (i.e. “outing”)
Sexual Harassment Unwelcome sexual advances, requests for sexual contact, and other verbal, physical, or visual conduct of a sexual nature constitute sexual harassment when:
- When the behavior is for the purpose of gratifying the actor’s sexual desire; or
- Such conduct has the effect of unreasonably interfering with another student’s education or participation in educational programs or activities or such conduct creates an intimidating, hostile, demeaning, or offensive academic, campus, work or living environment.
The following describes some of the acts that may be sexual harassment:
- Unwanted sexual advances, propositions or other sexual comments, such as: (1) subtle or obvious pressure for unwelcome sexual activities; or (2) sexually oriented gestures, noises, remarks, jokes or comments or questions about a person’s sexuality or sexual experience which are sufficiently severe or pervasive to create a hostile environment;
- Threats or non-consensual disclosure of a person’s sexual orientation (i.e. “outing”); or
- Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials, or other materials that are sexually demeaning or pornographic in nature and which are sufficiently severe or pervasive to create a hostile environment.