1760 Third Avenue Residence Code of Conduct Guide

Relevant excerpt

Residents living in any EHS residence have the right to live free of intimidation, harassment or bullying. If after an investigation, EHS determines that a resident is harassing, bullying, or intimidating another resident, EHS may take appropriate action to cause such behavior to cease including, without limitation, terminating the License Agreement and right to be in the residence.

Sexual harassment is defined as sexual advances, requests for sexual favors, and any other verbal or physical conduct of a sexual nature, whether intentional or unintentional, where: … the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, academic performance, or educational experience, or of creating an intimidating, hostile, humiliating, or offensive working, educational, or living environment.

In general, sexual harassment encompasses any sexually related conduct which causes others discomfort, embarrassment, or humiliation, and any harassing conduct, sexually related or otherwise, directed toward an individual because of that individual’s sex.

Such conduct is subject to this policy whenever it occurs in a context related to the employment or academic environments, or if it is imposed upon an individual by virtue of an employment or academic relationship. A determination of whether conduct constitutes sexual harassment is dependent upon the totality of the circumstances, including the pervasiveness or severity of the conduct.

The following examples of conduct may constitute sexual harassment:

  • Unwelcome sexual advances—whether they involve physical touching or not;
  • Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life;
  • Comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess;
  • Displaying sexually suggestive objects, pictures, or cartoons; this includes resident rooms
  • Unwelcome leering, whistling, brushing against the body, sexual gestures, or suggestive or insulting comments;
  • Inquiries into one’s sexual experiences; and
  • Discussion of one’s sexual activities.

In order to constitute sexual harassment, conduct must be unwelcome. Conduct is unwelcome when the person being harassed does not solicit or invite it and regards it as undesirable or offensive. The fact that a person may accept the conduct does not mean that he or she welcomes it.

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