Discrimination: Any disparate听treatment听of听an听individual听based听on听actual or perceived membership听in a class听protected听by law or policy听(hereafter, 鈥減rotected status鈥�) which听has听an听adverse听impact听sufficient听to听alter听the听terms听and听conditions of an individual鈥檚 academic, employment, or other University status or听opportunity.
Harassment (Hostile Environment): Unwelcome verbal, nonverbal, or physical conduct based on an actual or perceived membership in a class protected by law or policy when is:
- Sufficiently听severe听or听pervasive听to听alter听an听individual’s听working听or听academic conditions;
- Creates a hostile or abusive working, living or academic environment;听or
- Is sufficiently severe or pervasive to limit an individual鈥檚 ability to participate in or benefit from an educational program or听activity.
Factors听that听may听be听considered听include听the听frequency听and听severity听of the听unwelcome conduct; whether it is physically threatening or humiliating; and whether it unreasonably interferes with an individual鈥檚 work or academic听performance.听
Retaliation: Intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured听by听any state or federal anti-discrimination law or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation,听proceeding or hearing under this Policy.听听
Other听Sexual Misconduct includes:听
- Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.鈥�
- The existence of such a relationship shall be determined based on the reporting party鈥檚 statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.鈥�听
- For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.鈥�
- Dating violence does not include acts covered under the definition of domestic violence.
- Domestic Violence: A felony or misdemeanor crime of violence committed by:
- A current or former spouse or intimate partner of the鈥痸ictim;鈥�
- A person with whom the victim shares a child in鈥痗ommon;鈥�听
- A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate鈥痯artner;鈥�听
- A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence鈥痮ccurred;鈥�听
- Any other person against an adult or youth victim who is protected from that person鈥檚 acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred鈥�.
- Stalking:鈥�Includes engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- Fear for the person鈥檚 safety or the safety of others; or
- Suffer substantial emotional distress鈥�
For the purposes of this definition:鈥�听
- Course of Conduct: Two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, threatens, or communicates to or about a person, or interferes with a person鈥檚 property.鈥�
- Reasonable Person: A reasonable person under similar circumstances and with similar identities to the victim.鈥�听
- Substantial Emotional Distress:鈥疭ignificant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.鈥�
Gender-based harassment, including unwelcome conduct of a nonsexual nature based on a student鈥檚 actual or perceived sex, sexual orientation, gender identity, gender expression, and nonconformity with gender stereotypes.*
Sexual听Assault听means听physical听sexual听acts听committed听when听consent听is听not听received or when a person is physically or mentally unable to give consent as defined by this Policy, including:听
- Non-consensual Sexual Contact, including any intentional sexual touching, however slight, with any object or body part, performed by a person upon another person. Sexual Contact includes (a) intentional touching of the breasts, buttocks, groin, or genitals, whether clothed or unclothed, or intentionally touching another with any of these body parts; and (b) making another touch you or themselves with or on any of these body parts.
- Non-consensual Sexual Intercourse, including any penetration, however slight, with any object or body part, performed by a person upon another person. Sexual Intercourse includes (a) vaginal penetration by a penis, object, tongue, or finger; (b) anal penetration by a penis, object, tongue, or finger; and (c) any contact, no matter how slight, between the mouth of one person and the genitalia of another person.
Sexual Exploitation occurs when an individual takes non-consensual, unjust, or abusive听sexual听advantage听of听another;听for听their听own听advantage听or听benefit;听or听to听benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute sexual assault or sexual harassment. Sexual exploitation includes, but is not limited听to:听
- Streaming images, photography, video, or audio recordings of sexual contact or nudity, or distributing these things, without the knowledge and consent of everyone听involved;听
- Voyeurism, the practice of observing others engaged in intimate of sexual acts without the persons鈥�听consent;
- Knowingly听exposing听a听person听to听a听sexually听transmitted听infection听or听disease;
- Sexual intimidation, which means threatening behavior of a sexual nature听directed at another person, such as threatening to sexually assault another person;
- Invasion of sexual privacy, including exposing one鈥檚 sexual body parts or exposing another鈥檚 sexual body parts;听and/or
- Child pornography as defined in federal, state, or local听law.
Sexual Harassment means unwelcome verbal, nonverbal, or physical conduct of a sexual nature听when:听听
Quid Pro Quo
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual鈥檚 employment or academic advancement;
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual.
Hostile Environment such conduct is:
- Sufficiently severe or pervasive to alter an individual’s working or academic conditions;
- Creates a hostile or abusive working, living or academic environment; or听
- Is sufficiently severe or pervasive to limit an individual鈥檚 ability to participate in or benefit from an educational program or activity.听
Factors that may be considered include the frequency of the unwelcome conduct; its severity; whether it is physically threatening or humiliating; and whether it unreasonably interferes with an individual鈥檚 work or academic performance.听
Examples of conduct that may constitute sexual harassment as defined above may include a severe, persistent, or pervasive pattern of unwelcome conduct that includes one or more of the following:听
- Physical Conduct:听
- Unwelcome touching, sexual/physical assault, impeding, restraining, or blocking movements听
- Unwanted sexual advances within the employment context听
- Verbal Conduct:听
- Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual听
- Objectively offensive comments of a sexual nature, including persistent or pervasive sexually explicit statements, questions, jokes, or anecdotes
- Visual Conduct:听Severe, persistent, or pervasive visual displays of suggestive, erotic, or degrading sexually oriented images that are not pedagogically appropriate.
- Written Conduct:听Letters, notes, or electronic communications containing comments, words, or images described above听
- Quid Pro Quo Conduct:听
- Direct propositions of a sexual nature between those for whom a power imbalance or supervisory or other authority relationship exists听
- Offering employment benefits in exchange for sexual favors听
- Making submission to sexual advances an actual or implied condition of employment, work status, promotion, grades, or letters of recommendation, including subtle pressure for sexual activity, an element of which may be repeated requests for private meetings with no academic or work purpose听
- Making or threatening reprisals after a negative response to sexual advances.