Board of Governors Policy GA-1: Discrimination, Harassment, Sexual Harassment, Sexual & Domestic Misconduct, Stalking, and Retaliation

Category: Harassment Policies School: Marshall University Statement Rating: Yellow Last updated: September 25, 2017

Relevant excerpt

“Harassment” is conduct that creates a hostile environment, as defined below, and is based upon an individual’s race, color, national origin, ancestry, age, physical or mental disability, marital or family status, pregnancy, veteran status, service in the uniformed services (as defined in state and federal law), religion, creed, sex, sexual orientation, genetic information, gender identity, or gender expression. Harassment may take various forms, including, but not limited to, name-calling, graphic or written statements (including the use of social media, text messages, e- mail, or other similar forms), or other conduct that may be physically threatening, harmful, or humiliating. Harassment does not necessarily have to include intent to harm, be directed at a specific target, or involve repeated incidents.

“Hostile Environment” means a situation where an individual is subjected to any conduct based on the reasons set forth in Section 3.3.1 and that conduct is sufficiently severe or pervasive, or so objectively offensive, so as to unreasonably interfere with an individual’s educational experience, work or academic performance or deny or limit the individual’s ability to participate in or benefit from the University’s programs, services, opportunities, or activities.

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“Sexual Harassment” is a form of discrimination that includes verbal, written, or physical behavior of a sexual nature, directed at someone, or against a particular group, because of that person’s or group’s sex, or based on gender stereotypes, when that behavior is unwelcome and meets either of the following criteria: … The behavior has the purpose or effect of substantially interfering with the individual’s work or educational performance by creating an intimidating, hostile, or demeaning environment for employment, education, on-campus living, or participation in a University activity.

Examples of this type of sexual harassment can include:

3.3.4.2.1 persistent unwelcome efforts to develop a romantic or sexual relationship;

3.3.4.2.2 unwelcome sexual advances or requests for sexual favors;

3.3.4.2.3 unwelcome commentary about an individual’s body or sexual activities;

3.3.4.2.4 repeated and unwelcome sexually-oriented teasing, joking, or flirting; and

3.3.4.2.5 verbal abuse of a sexual nature. Comments or communications may be verbal, written, or electronic.

Behavior does not need to be directed at or to a specific individual in order to constitute sexual harassment, but may consist of generalized unwelcome and inappropriate comments based on sex or gender stereotypes.

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