For the purposes of this Regulation, examples of conduct that fall into the definition of harassment include, but are not limited to:
1. Verbal and/or physical conduct based on a protected characteristic that:
(A) has the purpose or effect of creating an objectively intimidating, hostile or offensive work or educational environment; (B) has the purpose or effect of unreasonably interfering with an individual’s work or learning performance; or (C) otherwise unreasonably adversely affects an individual’s employment or educational opportunities.
2. Examples of the foregoing verbal and/or physical conduct that may constitute harassment could include making “jokes” based on a protected characteristic, objectionable epithets/slurs, threatened or actual physical harm or abuse, the display of hostile symbols/objects, and other intimidating or insulting conduct directed against the individual because of their protected characteristic or membership.
Sexual harassment, which includes acts of sexual violence and may include gender-based harassment, is a form of discrimination on the basis of sex and is prohibited by Title IX.
1. Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature when:
a. Submission to such conduct or request is made either explicitly or implicitly a term or condition of an individual’s employment;
b. Submission to such conduct or request is made either explicitly or implicitly a term or condition of academic achievement;
c. Submission to or rejection of such conduct or request by an individual is used as the basis for an employment or academic decision affecting such individual; or
d. Such conduct or request unreasonably interferes with an individual’s work or academic performance or creates an objectively intimidating, hostile, or offensive environment for working or learning.
2. Examples of unwelcome conduct of a sexual nature that may constitute sexual harassment under this regulation include, but are not limited to: a. Displaying or telling sexually oriented jokes, statements, photographs, drawings, computer images, web sites, videos, slides, graphics, calendars, cartoons, e-mails or other communications.
b. Making sexually explicit or suggestive gestures or sounds.
c. Making actual or implied promises of an employment or educational opportunity or benefit in exchange for sexual activity.
d. Making actual or implied threats to impede or interfere with employment or educational opportunities or benefits for failing to agree to or engage in sexual activity.
e. Inappropriate and unwelcome sexual attention or touching, including but not limited to leering, patting, fondling, pinching, sexually-based stalking and/or bullying, and attempted or actual kissing.
f. Requesting or coercing sexual intercourse or sexual favors, or attempting to or actually engaging in a sexual assault.
g. Continuing to ask someone for a date after repeatedly being told “no.”
h. Continuing any of the conduct listed in the above examples after being told or being otherwise made aware that the conduct is unwelcome.