Sexual or Gender-Based Harassment (Including Retaliation) Policy

Relevant excerpt

III. Definitions

1) Sexual Harassment is any unwelcome sexual advance, request for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic, physical, or otherwise, when the conditions outlined in III.3. 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 the conditions outlined in 2)a. and/or 2)b., below, are present:

a. Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of a person’s employment, academic standing, or participation in any University programs and/or activities or is used as the basis for University decisions affecting the individual (often referred to as “quid pro quo” harassment); or,

b. Such conduct creates a hostile environment (See III.3. below)

3) A “hostile environment” exists when the sexual or gender-based conduct is sufficiently severe, persistent, or pervasive 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.

a. In evaluating whether a hostile environment exists, the University will consider the totality of known circumstances, including, but not limited to:

i. The frequency, nature and severity of the conduct;

ii. Whether the conduct was physically threatening;

iii. The effect of the conduct on the Complainant’s mental or emotional state;

iv. Whether the conduct was directed at more than one person;

v. Whether the conduct arose in the context of other discriminatory conduct (see Anti-Harassment Policy);

vi. Whether the conduct unreasonably interfered with the Complainant’s educational or work performance and/or University programs or activities; and/or,

vii. Whether the conduct implicates concerns related to academic freedom or protected speech.

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