Policy No. 162: Sexual Misconduct

Relevant excerpt

3.9 Harassment: For purposes of this policy, any unwelcome verbal, physical, written, electronic, or nonverbal conduct (whether directly, indirectly, or through a third party) of a sexual nature, or related to an individual’s sex, pregnancy, pregnancy-related conditions, sexual orientation, gender identity, or gender expression that is sufficiently severe, persistent, or pervasive to alter the conditions of employment of an employee, or to limit, interfere with, or deny educational benefits or opportunities of a student, from both a subjective and objective viewpoint based on a totality of the circumstances, including but not limited to the frequency and severity of the conduct, whether the conduct was physically threatening or humiliating, the effect of the conduct on the individual’s mental or emotional state, whether the conduct was directed at more than one person, whether the conduct arose in the context of other discriminatory conduct, and whether the speech or conduct deserves the protections of academic freedom or the First Amendment.

3.20 Sexual harassment: A form of harassment consisting of unwelcome sexual advances, requests for sexual favors, or other verbal actions including lewd or sexually suggestive comments, jokes, questions, innuendoes, and remarks about clothing, body, or previous or future sexual activity; physical actions including unwelcome touching, patting, hugging, or brushing against a person’s body; written, graphic, or electronic statements or depictions; or nonverbal conduct of a sexual nature (whether the conduct is direct, indirect, or by third persons) when … 3) Such conduct is sufficiently severe or pervasive and it unreasonably interferes with an individual’s employment or educational performance or creates an intimidating, hostile, or abusive environment for that individual’s employment, education, or participation in a university activity.

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