- 3. Definition: Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed at an employee or student by another when:
- a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment, academic status, receipt of University services, participation in University activities and programs, or affects the measure of a student’s academic performance; or
- b. Submission to or rejection of such conduct is used as the basis for a decision affecting employment, academic status, receipt of services, participation in University activities and programs, or the measure of a student’s academic performance; or
- c. Such conduct has the purpose or effect of unreasonably interfering with employment opportunities, work or academic performance or creating an intimidating, hostile, or offensive work or educational environment.
- 4. Examples of Sexual Harassment: Incidents of sexual harassment may involve persons of different or the same gender. They may involve persons having equal or unequal power, authority or influence. Though romantic and sexual relationships between persons of unequal power do not necessarily constitute sexual harassment, there is an inherent conflict of interest between making sexual overtures and exercising supervisory, educational, or other institutional authority. Decisions affecting an employee’s job responsibilities, promotion, pay, benefits, or other terms or conditions of employment, or a student’s grades, academic progress, evaluation, student status, recommendations, references, referrals, and opportunities for further study, employment or career advancement, must be made solely on the basis of merit.
Examples of sexual harassment include, but are not limited to, the following, when they occur within the circumstances described in Section (3) above:
- a. Use of gender-based verbal or written language, including electronic communications offensive or degrading to a person of that gender, whether or not the content is sexual;
- b. Inappropriate display of gender-based pictorial images offensive or degrading to a person of that gender, including but not limited to sexual posters, photographs, cartoons, drawings, or other displays of sexually suggestive objects or pictures;
- c. Use of inappropriate gestures or body language of a sexual nature, including leering or staring at another;
- d. Unwelcome requests or demands for sexual favors or unwelcome sexual advances;
- e. Inappropriate nonconsensual touching of another’s body, including but not limited to kissing, pinching, groping, fondling, or blocking normal movement;
- f. Sexual battery. (Note: some acts of sexual harassment may also constitute violations of criminal law, e.g., sexual battery, indecent exposure, sexual abuse, etc. In such instances, please refer to the University’s Sexual Battery Policy.)