Prohibited Conduct

Sexual Harassment

Sexual harassment is a form of sex discrimination and means conduct on the basis of sex that satisfies one or more of the following, which are each defined below as Prohibited Conduct under this policy:

  • Quid Pro Quo Harassment
  • Hostile Environment Harassment
  • Sexual assault, dating violence, domestic violence, or stalking.

Quid Pro Quo Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes sexual harassment when submission to such sexual conduct is made either explicitly or implicitly as a term or condition of rating or evaluating an individual's educational or employment progress, development, or performance.

Hostile Environment Harassment

Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity.

Dating Violence

Violence committed by a person—

  1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
    1. The length of the relationship.
    2. The type of relationship.
    3. The frequency of interaction between the persons involved in the relationship.

Domestic Violence

Felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who—

  1. is a current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim;
  2. is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
  3. shares a child in common with the victim; or
  4. commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.  

Sexual Assault

Any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent. This specifically covers the violations of rape, fondling, incest, and statutory rape:

  1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  2. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
  3. Incest: Non forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  4. Statutory Rape: Non forcible sexual intercourse with a person who is under the statutory age of consent.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

  1. fear for his or her safety or the safety of others; or
  2. suffer substantial emotional distress.  

Under this policy, substantial emotional distress is defined as significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Course of conduct means two or more instances including but not limited to unwelcome acts in which an individual directly, indirectly, or through third Parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish. Stalking includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion.

Retaliation

Retaliation is any action to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this policy. The prohibition against retaliation applies to any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any Reporting Party, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, any witness, or any other individuals who participate (or refuse to participate) in any manner in an investigation, proceeding, or hearing.

Retaliation may occur even where there is a finding of “not responsible” under this Policy. Good faith actions lawfully pursued in response to a report of Prohibited Conduct are not Retaliation. Retaliation should be promptly reported to the Title IX Coordinator and will be investigated and resolved by Human Resources or Student Conduct, as applicable.

Attempted Violations

In most circumstances, the University will treat attempts to commit any of the violations listed in this policy as if those attempts had been completed. Evidence of an attempt could include, but is not limited to, statements containing an imminent threat, physical behavior such as aggression or removal of clothing, threatening pursuit, or intention to incapacitate.