Pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, “sexual harassment” is defined as:
Unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature, when: …
3. Such conduct has the purpose or effect of:
a. interfering with the individual’s work or educational performance;
b. creating an intimidating, hostile, or offensive working and/or learning environment; or
c. interfering with or limiting one’s ability to participate in or benefit from an educational program or activity.
Examples of sexual harassment may include, but are not limited to the following:
3. Unwelcome sexual advances, physical or implied, or direct propositions of a sexual nature. This activity may include inappropriate/unnecessary touching or rubbing against another, sexually suggestive or degrading jokes or comments, remarks of a sexual nature about one’s clothing or body, preferential treatment in exchange for sexual activity, and the inappropriate display of sexually explicit pictures, text, printed materials, or objects that do not serve an academic purpose.
4. A pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create or has the effect of creating discomfort or that humiliates another.
5. Remarks speculating about a person’s sexual activities or sexual history or remarks about one’s own sexual activities or sexual history that do not serve a medical or academic purpose.