University Policy Manual: Policy AD85 Sexual And/or Gender-Based Harassment and Misconduct (Including Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, and Related Inappropriate Conduct)

Category: Harassment Policies School: Pennsylvania State University – University Park Statement Rating: Red Last updated: May 4, 2017

Relevant excerpt

CONDUCT THAT IS PROHIBITED BY THIS POLICY (“Prohibited Conduct”):

  1. Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is unwanted, inappropriate, or unconsented to.  Sexual Harassment is prohibited at the University.

    For purposes of student discipline, the term Sexual Harassment is defined in the Student Code of Conduct.

    Sexual Harassment committed by an employee or third party can lead to discipline or corrective action when:

    1. Submission to such conduct is made implicitly or explicitly a condition for employment, promotion, grades, academic status, or participation in the University’s activities; or
    2. Submission to or rejection of such conduct is used as the basis for employment or academic or other decisions affecting an individual; or
    3. Such conduct is sufficiently severe or pervasive so as to substantially interfere with the harassed individual’s employment, education or access to University programs, activities and opportunities, or creates a hostile or offensive environment for that individual or others. Whether a hostile environment exists is based on a totality of the circumstances and is evaluated from a subjective and objective perspective.

b.   Gender-Based Harassment is behavior consisting of physical or verbal conduct based on gender, sexual orientation, gender-stereotyping, perceived gender, or gender identity, but not involving conduct of a sexual nature, when such conduct is sufficiently severe or pervasive such that it substantially interferes with an individual’s employment, education or ability to participate in or benefit from University programs, activities or opportunities and would detrimentally affect a reasonable person under the same circumstances.  Gender-Based Harassment may include, but is not limited to, verbal or physical attacks, graphic or written statements, threats, or slurs. Whether the alleged conduct constitutes prohibited Gender-Based Harassment depends on the totality of the particular circumstances, including the nature, frequency and duration of the conduct in question, the location and context in which it occurs and the status of the individuals involved.

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