Nondiscrimination, Harassment and Retaliation Policy and Procedures for Students, Faculty and Staff

Relevant excerpt

Harassment is defined as unwelcome verbal, written, visual, or physical conduct, including via electronic means, that is based on the individual’s actual or perceived membership in a protected class and the conduct is sufficiently severe or pervasive to:
• Unreasonably interfere with the individual’s work or academic performance;
• Limit or deny the individual’s ability to participate in or benefit from a university program or
activity; or
• Create a hostile, intimidating, or offensive employment or academic environment.

It is recognized that certain complaints may be subjective, as individuals react differently to the behavior of others. Thus, it is both the subjective and objective (similarly situated, reasonable person) perspective in the totality of circumstances that is considered in determining whether an individual has been subjected to harassment. If conduct is subjectively intimidating, hostile, or offensive to a complainant, but to a similarly situated, reasonable person it is not, a violation of this Policy will not be found to have occurred.

Hostile environment sexual harassment includes any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when such conduct has the purpose or effect of substantially interfering with an individual’s work or academic performance; limits or denies the individual’s ability to participate in or benefit from a university program or activity; or creates an intimidating, hostile, or offensive employment or academic environment.

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