Pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972, “sexual harassment” is defined as:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
- submission to such conduct is made either implicitly or explicitly a term of an individual’s employment or status in a course, program, or activity;
- submission or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual; or
- such conduct has the purpose or effect of interfering with the individual’s work or educational performance; or of creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one’s ability to participate in or benefit from an educational program or activity.
Examples of Sexual Harassment
Examples of behavior and conduct that constitute sexual harassment may include, but are not limited to, the following:
- physical assault;
- direct or implied threats that submission to sexual advances will be a condition of employment, work status, compensation, promotion, grades, or letters of recommendation;
- sexual advances, physical or implied, or direct propositions of a sexual nature. This activity may include inappropriate/unnecessary touching or rubbing against another, sexually suggestive or degrading jokes or comments, remarks of a sexual nature about one’s clothing and/or body, preferential treatment in exchange for sexual activity, and the inappropriate display of sexually explicit pictures, text, printed materials, or objects that do not serve an academic purpose;
- a pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create, or has the effect of creating, discomfort and/or humiliation of another; or
- remarks speculating about a person’s sexual activities or sexual history, or remarks about one’s own sexual activities or sexual history, that do not serve a medical or academic purpose.