The Johns Hopkins University Sexual Misconduct Policy and Procedures: Non-Title IX Hostile Environment

Relevant excerpt

Non-Title IX Hostile Environment: A “non-Title IX hostile environment” results from unwelcome sexual or sex-based conduct (including sexual orientation-based and/or gender identity/expression-based conduct) that does not meet the definition of Title IX Sexual Harassment but is so severe, pervasive, or persistent that it unreasonably interferes with, limits, or deprives a member of the community of the ability to participate in or to receive benefits, services, or opportunities from the University’s education or employment programs and/or activities. A non-Title IX hostile environment can be the result of acts committed by any individual or individuals, including any member of the University community. To assess whether the alleged conduct has created a hostile environment under this definition, the University considers all relevant evidence, weighs a variety of factors, and evaluates the conduct at issue from both a subjective and objective perspective.

Non-Title IX Sex-Based Harassment: The term “non-Title IX sex-based harassment,” whether between people of different sexes, or the same sex, includes, but is not limited to, conduct that does not meet the definition of Title IX Sexual Harassment but otherwise constitutes unwelcome conduct based on sex (including gender, sexual orientation, and gender identity/expression) that creates a non-Title IX hostile environment. Non-Title IX Sex-Based Harassment does not include unwelcome conduct of a sexual nature, which is considered non-Title IX Sexual Harassment.

Examples of such conduct that may, depending on the facts and circumstances, constitute non-Title IX sexual harassment include, but are not limited to: making comments about someone’s appearance in a sexually suggestive way; staring at someone or making obscene gestures or noises; repeatedly asking someone on a date; “flashing” or exposing body parts; sexual coercion; intentional sexual in nature touching that does not meet the definition of Title IX Sexual Harassment; disrobing, spreading sexual rumors; rating peers or colleagues with respect to sexual performance; non-consensual observation, photographing, or recording of sexual activity or nudity; non-consensual distribution or dissemination of photographs or recording of sexual activity or nudity, including distribution or dissemination of photographs or recordings that were made consensually; allowing a third party to observe a sexual activity without the consent of all parties; and prostituting or trafficking another person. In evaluating allegations of sexual harassment, the University considers all relevant evidence, weighs a variety of factors, and evaluates the conduct at issue from both a subjective and objective perspective. These conduct examples may constitute Title IX Sexual Harassment if they are accompanied by additional facts and circumstances that bring them within the definition of Title IX (e.g., the conduct occurred within the University’s education program or activity and other criteria described in Section IX are satisfied.)

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