Sexual Harassment (Or Attempt to Commit the Same) – Unwelcome, gender-based verbal or physical conduct that is, sufficiently severe, persistent or pervasive that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the University’s educational program or activities, and is based on power differentials (quid pro quo), that creates a hostile environment, or is undertaken as retaliation.
Examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based verbal or physical abuse, intimidation or bullying.
Conduct in violation of this policy is not limited to sexual activity. Any abusive, harassing, or discriminatory conduct based upon a person’s gender, sexual orientation, or sexual identity, real or perceived; any conduct intentionally done based upon a person’s or persons’ gender, sexual orientation, or sexual identity, real or perceived, or that results in depriving an individual or class of individuals of equal enjoyment of educational or employment opportunities or access violates this policy; and any action, conduct or even inaction undertaken in retaliation for making a complaint of sex or gender- based discrimination, or having the same result regardless of intent, is also a violation of this policy.
Examples of prohibited conduct include, but are not limited to: …
5. Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment).