Sexual Misconduct

Relevant excerpt

Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or visual communication or physical conduct of a sexual nature when: … Such conduct or communication has the purpose or effect of unreasonably interfering with an individual’s employment, public accommodations or public services, education, or housing; or creating an intimidating or hostile environment in employment, public accommodations, public services, education, or housing.

There are two main types of sexual harassment:  quid pro quo harassment and hostile environment. … Hostile environment sexual harassment occurs when verbal, non-verbal and/or physical conduct is:

  • sexual and/or based on sex, gender, gender identity or sexual orientation (actual or perceived),
  • unwelcome, and
  • sufficiently severe and pervasive to interfere with a person’s work/learning/program performance or to create a hostile, intimidating or offensive environment.

In addition, when a complainant has communicated, verbally or in writing, that a behavior of a sexual nature is unwelcome, any repetition of that behavior or similar behavior will be considered unwelcome and is considered sexual harassment.  No additional communication should be necessary for one to understand that his/her behavior is unwelcome.

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