Sexual harassment is a form of sex discrimination. Unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal or physical conduct of a sexual nature constitute sexual harassment when this conduct is so severe, persistent or pervasive that it explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work or educational performance, or creates an intimidating, or hostile work or educational environment. The University will use a reasonable person standard to determine these elements.
Sexual harassment occurs when a person is the recipient of conduct of a sexual nature where:
- Submission to or toleration of such conduct is made either explicitly or implicitly a term or condition of an individual’s education (including co-curricular activities) or employment;
- Submission to or rejection of such conduct by an individual is used as the basis for academic, co-curricular, or employment decisions affecting the individual’s welfare; or
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s welfare, academic or work performance, or creates an intimidating, hostile, offensive or demeaning education (including co-curricular activities) or work environment.
Sexual harassment also includes sexual misconduct (non-consensual sexual intercourse and non-consensual sexual contact) and sexual exploitation.
Non-consensual sexual intercourse (See Student Rule 188.8.131.52 – Sexual abuse)
The oral, anal, or vaginal penetration by a sexual organ of another or anal/vaginal penetration by any means against the victim’s will or without his/her consent. An individual who is mentally incapacitated, unconscious, or unaware that the sexual abuse is occurring is considered unable to give consent. The type of force employed may involve physical force, coercion, intentional impairment of an individual’s ability to appraise the situation through the administering of any substance, or threat of harm to the victim.
Non-consensual sexual contact (See Student Rule 184.108.40.206 – Sexual Contact)
Attempting or making sexual contact, including but not limited to inappropriate touching or fondling, against the person’s will, or in circumstances where the person is physically, mentally or legally unable to give consent.
Sexual exploitation (See Student Rule 220.127.116.11 – Stalking and 24.4.18 – Unauthorized recording) Occurs when an individual takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. For example, sexual exploitation could include such actions as secretly videotaping sexual activity, voyeurism, sexually-based stalking and invasion of sexual privacy.
Dating violence (see Student Rule 24.4.3 Physical Abuse, Student Rule 18.104.22.168 – Sexual abuse, and Student Rule 22.214.171.124 – Sexual Contact) Any violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
Domestic violence (see Student Rule 24.4.3 Physical Abuse, Student Rule 126.96.36.199 – Sexual abuse, and Student Rule 188.8.131.52 – Sexual Contact) Any violence committed by a person who is or has been a current or former spouse of the victim, person with whom the victim shares a child in common, person who is cohabitating with or has cohabitated with the victim as a spouse, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
Stalking (see Student Rule 184.108.40.206) Any repeated conduct directed specifically at another person that causes that person [or a member of that person’s family or household] to fear his/her safety. Such conduct includes following another person and acts that threaten or intimidate another person through fear of bodily injury or death of self or members of that person’s family or household or an offense being committed against that person’s property.