E. SEXUAL HARASSMENT
Sexual harassment is a form of sexual misconduct. Sexual harassment is defined as any unwelcome conduct of a sexual nature, including but is not limited to the following, when it meets the standards set forth below:
1. unwelcome sexual advances;
2. requests for sexual favors; and/or
3. other verbal, non-verbal, or physical conduct of a sexual nature.
Sexual harassment may occur in a single incident, as well as in persistent behaviors. Both men and women are protected from sexual harassment, and sexual harassment is prohibited regardless of the sex of the harasser.
Two Types of Sexual Harassment
1. Hostile Environment Hostile environment sexual harassment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive/persistent and patently/objectively offensive such that it alters the conditions of education or employment, from both a subjective (the victim’s) and an objective (reasonable person’s) viewpoint.
The determination of whether an environment is “hostile” must be based on the totality of the circumstances. These circumstances may include, but are not limited to:
a. the frequency of the conduct
b. the nature and severity of the conduct
c. whether the conduct was physically threatening
d. whether the conduct was humiliating
e. the effect of the conduct on the victim’s mental or emotional state
f. whether the conduct was directed at more than one person
g. whether the conduct arose in the context of other discriminatory conduct
h. whether the conduct unreasonably interfered with the victim’s educational or work performance
i. whether the statement falls under an existing exception to the First Amendment, such as true threats and intimidation
j. whether the speech or conduct deserves the protections of academic freedom