Sexual Harassment: 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 and/or activities or work environment, and is based on power differentials, the creation of a hostile environment or retaliation. All forms of sexual misconduct identified in this policy are also prohibited forms of sexual harassment.
There are three (3) types of sexual harassment.
A. Hostile Environment – Includes any situation in which there is harassing conduct that is sufficiently severe, pervasive or persistent that it interferes with or denies educational benefits or opportunities or creates an intimidating hostile or offensive work environment. The determination of whether an environment is “hostile” must be based on the totality of the circumstances. The circumstances that contribute to creating a hostile environment include:
• Frequency of contact;
• Nature and severity of conduct;
• Whether the conduct was physically threatening;
• Whether the conduct was humiliating;
• The effect of the conduct on the alleged victim’s mental or emotional state;
• Whether the conduct was directed at more than one person;
• Whether the conduct arose in the context of other discriminatory conduct;
• Whether the conduct unreasonably interfered with the alleged victim’s educational or work performance;
• Whether the statement is a mere utterance of an epithet which engenders offense or offends by mere discourtesy or rudeness; …
Examples of sexual harassment include, but are not limited to: …
• Gender-based bullying
• Display or sharing of sexually graphic material, jokes or slurs