Sexual or Gender-Based Harassment (Including Retaliation) Policy

Relevant excerpt

1. Sexual Harassment is unwelcome sexual, sex-based, request for sexual favors whether verbal, written, graphic, physical or otherwise, or other unwanted conduct of a sexual nature. When conditions are present as outlined in a. and/or b. below.

2. Gender-Based Harassment includes harassment based on gender, sexual orientation, transgender, gender non-conforming, transitioning, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature. When conditions are present as outlined in a. and/or b. below.

b. Creates a hostile environment that is:

i. Sufficiently severe, or persistent or pervasive, and objectively offensive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from the University’s education or employment programs and/or activities.

ii. A hostile environment can be created by persistent or pervasive conduct or by a single or isolated incident, if sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical; a single incident of sexual or gender-based harassment, for example, may be sufficiently severe to constitute a hostile environment. In contrast, the perceived offensiveness of a single verbal or written expression standing alone, is typically not sufficient to constitute a hostile environment.

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