University Policy 53: Unlawful Discrimination, Sexual Misconduct and Retaliation

Category: Harassment Policies School: Western Carolina University Statement Rating: Green Last updated: May 24, 2018

Relevant excerpt

With regard to students, Sexual Harassment is defined by the Office of Civil Rights (“OCR”) as any unwelcome conduct of a sexual nature that is sufficiently severe, persistent or pervasive that it unreasonably denies, limits or interferes with an individual’s ability to participate in an educational program or activity (see Hostile Environment).

“Hostile Environment” occurs when one experiences unlawful distinction, preference, or harm as compared to others based on that individual’s Protected Status and that it is sufficiently severe, persistent or pervasive enough to unreasonably interfere with deny or limit: 1) an employee’s or applicant for employment’s access to employment or conditions and benefits of employment (e.g., hiring, advancement, assignment); 2) a student’s or admission applicant’s ability to participate in, access, or benefit from educational programs, services, or activities (e.g., admission, academic standing, grades, assignment, campus housing); or 3) an authorized agent’s ability to participate in an agent activity.  A Hostile Environment is one that a reasonable person (objective standard) would find hostile or abusive and one that a complainant under this policy perceives to be hostile or abusive (subjective standard).

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