Gender-Based Misconduct Policy

Relevant excerpt

Examples of Gender-Based Misconduct. Specific categories of gender-based misconduct and other important definitions used in this Policy are included in the Definitions section following the Procedures, along with scenarios illustrating specific instances of gender-based misconduct. For purposes of illustration, the following list sets forth examples of conduct that could constitute gender-based misconduct under those definitions:

1. Coercion for a date or a romantic or intimate relationship
2. Unwelcome touching, kissing, hugging, or massaging
3. Use of unwanted force in connection with sexual activity or attempted sexual activity
4. Sexual contact with a person who has not clearly consented
5. Unwelcome remarks about the private parts of a person’s body
6. Belittling remarks about a person’s gender or sexual orientation based on gender-stereotyping
7. Videotaping or photographing of activity of a sexual or private nature without the consent of the person(s) being
8. ideotaped [sic] or photographed
9. Obscene gestures of a sexual or gender-based nature
10. Derogatory posters, graffiti, cartoons, calendars, drawings, pictures, or text, whether disseminated through hard copy or electronically through e-mail, the Internet, or other digital mediums to facilitate any of the behaviors listed above

Gender-based Harassment. Acts of aggression, intimidation, stalking, or hostility based on gender or gender stereotyping constitutes gender-based harassment. Gender-based harassment can occur if students are harassed either for exhibiting what is perceived as a stereotypical characteristic of their sex, or for failing to conform to stereotypical notions of masculinity or femininity. To constitute harassment, the conduct must unreasonably interfere with an individual’s education or educational activities or create an intimidating, hostile, demeaning, or offensive academic or living environment.

Sexual Harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature constitute sexual harassment when: … such conduct has the effect of unreasonably interfering with an individual’s academic performance or creating an intimidating, hostile, demeaning, or offensive campus or living environment.

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