Definition and Examples of Conduct Prohibited Under this Policy
Prohibited conduct includes all forms of sex discrimination and sexual harassment, as well as sexual assault and sexual violence. Sexual harassment, which includes sexual assault and sexual violence, may take many forms.
Sexual Harassment
Sexual harassment may consist of repeated actions or may even arise from a single incident if sufficiently extreme. The complainant and the alleged perpetrator may be of either gender and need not be of different genders. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature where:
- submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s education, status in an academic course or program, or participation in an activity;
- submission to, or rejection of such conduct by an individual is used as the basis for a decision affecting an individual’s education, status in an academic course or program, or participation in an activity; or
- such conduct is intended to or would objectively be regarded by a reasonable person as (i) unreasonably interfering with an individual’s academic performance in a course or program, or participation in an activity, or (ii) creating an intimidating, hostile, or offensive learning or educational environment.
Depending on the circumstances, sexual harassment may include, but is not limited to, the following:
- Physical assaults of a sexual nature, such as rape, sexual assault, sexual battery, molestation, or attempts to commit these acts;
- Intentional physical conduct that is sexual in nature such as touching, pinching, patting, grabbing, poking, or brushing against another individual’s body;
- Offering or implying an education-related reward (such as a better grade, a letter of recommendation, favorable treatment in the classroom, assistance in obtaining employment, grants or fellowships, or admission to any educational program or activity) in exchange for sexual favors or submission to sexual conduct;
- Threatening or taking a negative educational action (such as giving an unfair grade, withholding a letter of recommendation, or withholding assistance with any educational activity) or intentionally making the individual’s academic work more difficult because sexual conduct is rejected;
- The use or display in the classroom, including electronic, of pornographic or sexually harassing materials such as posters, photos, cartoons or graffiti without pedagogical justification; and
- Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments about a person’s sexuality or sexual experience.
Assault and Sexual Violence
Sexual assault/sexual violence is a particular type of sexual harassment that includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. This includes, but is not necessarily limited to inappropriate touching, sexual intercourse of any kind without consent, rape, and attempted rape.