Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: … such conduct has the purpose or effect of unreasonably interfering with an individual’s work, education, or participation in Board or university activities or creating an intimidating, hostile, or offensive environment.
Following are some examples of behavior that could constitute sexual harassment if proven to be unwelcome and, where, in aggregate, the incidents are sufficiently pervasive or severe that a reasonable person with the same characteristics as the victim of the harassing conduct would be adversely affected to a degree that interferes to his or her ability to participate in or to realize the intended benefits of an institutional activity, employment or resource. Conduct over social media that rises to this level is prohibited. Harassment, as define above, is not protected by the First Amendment:
- verbal – jokes, comments, requests, or questions of a sexual nature
- non-verbal – whistling, staring at body parts, blocking someone’s entrance or exit from a space, gestures of a sexual nature
- physical – touching, patting, pinching, slapping, rubbing or any physical contact that is uninvited or offensive
- visual – photos, posters, calendars, jokes, cartoons, memos, letters, or notices of a sexual nature which are placed in or on university property, premises, vehicles or other work or study locations of the university
- electronic – telephone, facsimile or e-mail communication of a sexual nature that is unwelcome or offensive.
This list of examples is not exhaustive.