Handbook of Operating Procedures: Sexual Harassment and Sexual Misconduct- Definitions

Category: Harassment Policies School: University of Texas at El Paso Statement Rating: Yellow Last updated: September 27, 2017

Relevant excerpt

Other Inappropriate Sexual Conduct – Includes unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature directed towards another individual that does not rise to the level of sexual harassment but is unprofessional, inappropriate for the workplace or classroom and is not protected speech. It also includes consensual sexual conduct that is unprofessional and inappropriate for the workplace or classroom.

Sexual Harassment – Unwelcome conduct of a sexual nature including but not limited to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when submission to such conduct is made either explicitly or implicitly a term or condition of a person’s student status, employment, or participation in University activities; such conduct is sufficiently severe or pervasive that it interferes with an individual’s education, employment, or participation in University activities, or creates an objectively hostile environment; or such conduct is intentionally directed towards a specific individual and has the effect of unreasonably interfering with that individual’s education, employment, or participation in University activities, or creating an intimidating, hostile, or offensive environment. Sexual harassment is a form of sex discrimination that includes: …

  1. Verbal conduct not necessary to an argument for or against the substance of any political, religious, philosophical, ideological, or academic idea, including oral, written, or symbolic expression, including but not limited to:
    1. explicit or implicit propositions to engage in sexual activity;
    2. gratuitous comments, jokes, questions, anecdotes or remarks of a sexual nature about clothing or bodies;
    3. gratuitous remarks about sexual activities or speculation about sexual experiences;
    4. persistent, unwanted sexual or romantic attention;
    5. subtle or overt pressure for sexual favors;
    6. exposure to sexually suggestive visual displays such as photographs, graffiti, posters, calendars or other materials; or
    7. deliberate, repeated humiliation or intimidation based upon sex.

Sexual Misconduct – A broad term encompassing a range of non-consensual sexual activity or unwelcome behavior of a sexual nature. The term includes, but is not limited to, sexual assault, sexual exploitation, sexual intimidation, sexual harassment, domestic violence, dating violence, and stalking. Sexual misconduct can be committed by men or women, strangers or acquaintances, and can occur between or among people of the same or opposite sex.

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