reasonable person

August 28, 2013

In assessing whether a particular act
constitutes sexual harassment forbidden under this policy, the rules of common sense and
reason shall prevail. The standard shall be the perspective of a reasonable person within
the campus community.

reasonable person

August 28, 2013

In order to constitute a violation, the “hostile environment”
must be subjectively perceived by the complainant, and that
perception must be reasonable for a person in the complainant’s
position.

reasonable person

August 28, 2013

A person’s subjective belief that behavior is offensive, intimidating or hostile does
not make that behavior unlawful harassment. The behavior must be objectively
unreasonable.

reasonable person

August 28, 2013

An isolated incident of hostile behavior, although offensive, usually will not be sufficient to establish a claim of illegal harassment. For example, generally, a single sexual joke, offensive epithet, or request for a date does not constitute sexual harassment; however, being subjected to such jokes, epithets or requests repeatedly may constitute sexual harassment.

reasonable person

August 28, 2013

Hostile environment harassment is a pattern of behaviors which is
sexual in nature and creates a workplace or academic climate that “unreasonably
interferes” with performance.

If you aren’t sure if certain behavior creates a hostile work environment, ask yourself
whether a “reasonable person” would be offended. The “reasonable person” is the
standard used at Indiana University to determine hostile work environment.

reasonable person

August 28, 2013

In assessing whether a particular act constitutes sexual harassment forbidden under this policy, the standard shall be the perspective of a reasonable person within the College Park Campus community. The rules of common sense and reason shall prevail. Nothing in this policy limits expression protected under the First Amendment, campus freedom of expression, or similar policies.

reasonable person

August 28, 2013

[I]t is the effect of behavior, as defined by the “reasonable person standard”, not the intent of the person who did the behavior, that determines sexual harassment.

reasonable person

August 28, 2013

Facts will be judged on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual.

Reasonable Person

August 28, 2013

Facts will be judged on the basis of what is reasonable to persons of
ordinary sensitivity and not on the particular susceptibility of an
individual, unless that susceptibility is known to the alleged harasser.

reasonable person

August 28, 2013

The conduct alleged to constitute harassment under this Policy shall be evaluated from the
perspective of a reasonable person similarly situated to the complainant and in
consideration of the context of the behavior.

reasonable person

August 28, 2013

Conduct alleged to constitute harassment will be evaluated according to the objective standard of a reasonable person. Thus, conduct that might be objectionable to one person, but that is not severe or pervasive enough to create an objectively intimidating,
offensive, or hostile environment may not constitute sexual harassment.

reasonable person

August 28, 2013

Harassment shall be found where, in aggregate, the incidents are sufficiently pervasive, persistent or severe that a reasonable person with the same characteristics of the victim of the harassing conduct would be adversely affected to a degree that interferes with his or her ability to
participate in or to realize the intended benefits of an institutional activity, employment, or resource.

reasonable person

August 28, 2013

The victim must subjectively feel harassed; however, the decision-making body
must also determine that, objectively speaking, a hypothetical reasonable person
who shares the same identity that is the basis of the harassment claim would
have experienced the conduct in question as severe,pervasive or persistent
harassment.