Prohibition of Sexual Harassment 13-14

Category: Harassment Policies School: Texas State University – San Marcos Statement Rating: Yellow Last updated: August 15, 2014

Relevant excerpt

Sexual Harassment: The Equal Employment Opportunity Commission’s amended “Guidelines on Discrimination Because of Sex” (29 C.F.R. 1604.11[a]) and the Rules and Regulations of the Board of Regents of The Texas State University System, Chapter VII, Section 4.4.1, define sexual harassment as: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

a.   submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic career;

b.   submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or

c.   such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile or offensive employment or academic environment.

Behaviors, if sufficiently offensive, severe, or pervasive, that may constitute sexual harassment include:

a. intentional and unwelcome touching of a sexual nature;

b. explicit or implicit propositions to engage in sexual activity;

c. gratuitous comments of a sexual nature such as explicit statements, questions, jokes, anecdotes or remarks of a sexual nature about a person’s clothing or body;

d. remarks about sexual activities or speculation about sexual experiences;

e. exposure to gratuitous sexually suggestive visual displays such as photographs, graffiti, posters, calendars, or other materials;

f. deliberate physical interference with or restriction of an individual’s movements;

g. persistent, unwanted sexual or romantic attention;

h. subtle or overt pressure for sexual favors; or

i. deliberate, repeated humiliation or intimidation that is sexual in nature.

Inappropriate Conduct: In addition to prohibiting sexual harassment as defined by law, the university strongly advises against any unprofessional or inappropriate conduct of a sexual nature in workplace and teaching locations, even that which is not so serious or pervasive that it rises to the level of sexual harassment. Even if conduct does not violate policy, investigation of these complaints may find the conduct inappropriate, resulting in remedial action.

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