1. Definition of Sexual Harassment
a. Sexual harassment, under both federal and state law, is defined as unwelcome sexual advances, requests for sexual favors, and other unwelcome visual, verbal, nonverbal, or physical conduct of a sexual nature. This definition includes numerous forms of offensive behavior and includes gender-based harassment of a person of the same or different sex as the harasser.
b. Sexual harassment is generally divided into two types of conduct:
“Hostile learning environment” sexually harassing conduct (which can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, visual, or physical conduct of a sexual nature) by an employee, by another student, or by a third party that is sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from an education program or activity or to create a hostile or abusive learning environment.
c. Examples of the type of conduct which can constitute sexual harassment include, but are not limited to, the following:
1) Unwanted sexual advances.
2) Offering employment or educational benefits in exchange for sexual favors.
3) Making or threatening reprisals after a negative response to sexual advances.
4) Visual conduct (i.e., leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons, or posters).
5) Verbal sexual advances or propositions.
6) Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations.
7) Physical conduct (i.e., touching, assault, impeding, or blocking movements).