Unlawful Sexual Harassment Defined
Hostile environment sexual harassment occurs when unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature, is sufficiently severe or pervasive from the objective standpoint of a reasonable person to interfere with performance or create an intimidating, hostile, or offensive environment. Sexual harassment is harassment based on sex or conduct of a sexual nature, and includes harassment based on sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression and/or transgender. Sexual harassment and discrimination may involve harassment of women by men, men by women and gender-based harassment of individuals of the same gender as the harasser. Sexual harassment also includes sexual violence, sexual battery, and sexual exploitation.
Quid pro quo sexual harassment occurs when submission to or rejection of unwelcome sexual conduct by an individual is used as a basis for any employment or educational decisions affecting that individual. It may involve offers of benefits in return for sexual favors, or threats of adverse action for refusing, and demands to submit to sexual requests.
Sexual harassment encompasses a wide range of conduct. Examples of specifically prohibited conduct include, but are not limited to:
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Promising, directly or indirectly, a reward, if a student or employee complies with a sexually oriented request;
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Threatening, directly or indirectly, retaliation if a student or employee refuses to comply with a sexually oriented request;
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Denying, directly or indirectly, a student an education‐related opportunity, if the student refuses to comply with a sexually oriented request;
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Engaging in sexually suggestive conversation or sexual contact or touching with a student or employee;
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Displaying pornographic or sexually oriented materials;
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Telling sexual or “dirty” jokes;
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Engaging in indecent exposure;
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Making unwanted sexual or romantic advances toward a student or employee;
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Spreading sexual rumors or rating other students or employees as to sexual activity or performance; or
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Physical conduct such as assault, touching, or blocking normal movement.
When involving students, the conduct can occur in any school program or activity and can take place on campus, in classrooms, school facilities, dorms, or at off‐campus locations.