Behavior that violates the student disciplinary policy or the personnel policy may be a basis for discipline, whether or not the behavior violates someone’s civil rights. For example, one statement regarding another’s sexual activity may not be sexual harassment as defined in civil rights laws, but such a statement may nonetheless be inappropriate and form the basis of discipline.
Hostile environment sexual harassment contemplates unwelcome sexual conduct that is sufficiently severe or pervasive enough to alter the employment or educational environment. For example:
a. It may be sexual harassment if a professor engages in a pattern of sexual comments (not legitimately related to the subject matter of the course if one is involved) intended to discomfort or humiliate a student.
b. It may be sexual harassment for a supervisor to engage in a pattern of sexual comments, such as inquiries into sexual activity, or sexual behavior, such as touching of oneself or of the employee in a sexual manner, that would interfere with the working environment of a reasonable employee.
Whether or not such sexual conduct is sexual harassment depends on such factors as the nature of the conduct, the frequency of such conduct and whether or not the conduct was welcomed.