Policy 0-004: Sexual Misconduct/Sexual Harassment (Including Sexual Violence)

Relevant excerpt

The following actions are prohibited:

1. Sexual harassment, including sexual violence, by or between any faculty member, staff, or student, including individuals of the same sex, in all academic, educational, extracurricular, athletic, and other programs of the University, whether those programs take place in University facilities, at a class or training program sponsored by the University at another location, or elsewhere.

6. Gender-based harassment, which may include acts of verbal, non-verbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

Examples of prohibited conduct include, but are not limited to:

  1. Requesting or coercing sexual intercourse or sexual favors, or attempting to or actually engaging in a sexual assault or sexual battery.
  2. Inappropriate and unwelcome sexual attention or touching, including–but not limited to–leering, patting, fondling, pinching, and attempted or actual kissing.
  3. Making actual or implied threats to impede or interfere with employment or educational opportunities or benefits for failing to agree to or engage in sexual activity.
  4. Making actual or implied promises of an employment or educational opportunity or benefit in exchange for sexual activity.
  5. Inferring or displaying favoritism that benefits or adversely affects another based on sexual involvement or a sexual relationship.
  6. Making sexually explicit or suggestive gestures or sounds.

Sexual Harassment (which includes sexual violence) is any of the conduct below:

Unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal or physical conduct of a sexual nature when: …  Such conduct is sufficiently severe* or pervasive so as to alter the conditions of, or have the purpose or effect of substantially interfering with, an individual’s work or academic performance by creating an intimidating, hostile, or offensive working or educational environment. This may include off-campus acts of sexual harassment, including sexual violence, that have effects on campus which may contribute to a sexually hostile environment.

*In Title IX cases involving students the standard is whether the conduct is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the University’s program.

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