Sexual harassment includes sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature that is unwelcome and sufficiently severe or pervasive from both a subjective (the complainant’s) and an objective (reasonable person’s) viewpoint. Sexual harassment occurs under either of two circumstances, “sexual harassment by quid pro quo” and “sexual harassment by hostile environment,” as discussed in parts (E)(1) and (E)(2), of this policy.
2. Sexual harassment by hostile environment
Physical or verbal conduct of a sexual nature that is unwelcome and sufficiently severe or pervasive from both a subjective (the complainant’s) and an objective (reasonable person’s) viewpoint, where:
- Such conduct has the purpose or effect of unreasonably interfering with a person’s work or academic performance or creating an intimidating, hostile, or offensive environment for working, learning, or living on campus.
- The determination of whether an environment is “hostile” is often contextual and must be based on the circumstances. These circumstances could include:
- The frequency of the conduct;
- The nature and severity of the conduct;
- Relationship between the complainant and the respondent;
- Location and context in which the alleged conduct occurs;
- Whether the conduct was physically threatening;
- Whether the conduct was humiliating; or
- Whether the conduct arose in the context of other discriminatory conduct.