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Relevant Excerpt

The term “non-Title IX sex-based harassment,” whether between people of different sexes, or the same sex, includes, but is not limited to, conduct that does not meet the definition of Title IX Sexual Harassment but otherwise constitutes unwelcome and offensive conduct based on sex (including gender, sexual orientation and gender identity/expression) when: ... Such conduct unreasonably creates a work or academic environment that a reasonable person would perceive to be abusive or hostile. 

The alleged conduct need not be severe or pervasive. When assessing whether the alleged conduct unreasonably creates an abusive or hostile work or academic environment from the perspective of a reasonable person, the university considers the totality of the circumstances. This includes consideration of whether the unwelcome and offensive conduct unreasonably interferes with, limits, or deprives a member of the community of the ability to participate in or to receive benefits, services or opportunities from the university’s education or employment programs and/or activities. Although the conduct need not be severe or pervasive to constitute an unreasonably hostile or abusive environment, the heightened seriousness of alleged severe or pervasive conduct will be considered during OIE’s process. Non-Title IX Sex-Based Harassment does not include unwelcome conduct of a sexual nature, which is considered non-Title IX Sexual Harassment.

Non-Title IX Sexual Harassment: The term “non-Title IX sexual harassment,” whether between people of different sexes or the same sex, includes, but is not limited to, conduct that does not meet the definition of Title IX Sexual Harassment but otherwise constitutes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, electronic or physical conduct of a sexual nature when: ... Such conduct unreasonably creates a work or academic environment that a reasonable person would perceive to be abusive or hostile.

The alleged conduct need not be severe or pervasive. When assessing whether the alleged conduct unreasonably creates an abusive or hostile work or academic environment from the perspective of a reasonable person, the university considers the totality of the circumstances. This includes consideration of whether the unwelcome and offensive conduct unreasonably interferes with, limits, or deprives a member of the community of the ability to participate in or to receive benefits, services or opportunities from the university’s education or employment programs and/or activities. Although the conduct need not be severe or pervasive to constitute an unreasonably hostile or abusive environment, the heightened seriousness of alleged severe or pervasive conduct will be considered during OIE’s process.

Examples of conduct that may, depending on the facts and circumstances, constitute non-Title IX sexual harassment include, but are not limited to: making comments about someone’s appearance in a sexually suggestive way; staring at someone or making obscene gestures or noises; repeatedly asking someone on a date; “flashing” or exposing body parts; sexual coercion; intentional sexual in nature touching that does not meet the definition of Title IX Sexual Harassment; disrobing; spreading sexual rumors; rating peers or colleagues with respect to sexual performance; non-consensual observation, photographing, or recording of sexual activity or nudity; non-consensual distribution or dissemination of photographs or recordings of sexual activity or nudity, including distribution or dissemination of photographs or recordings that were made consensually; allowing a third party to observe sexual activity without the consent of all parties; and prostituting or trafficking another person.