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Relevant Excerpt

Sexual Harassment: Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: ... Unwelcome conduct determined by a reasonable person to be so pervasive, severe, and objectively offensive that it has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or limiting participation in College programs by creating an intimidating, hostile, or offensive working or educational environment.

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(3) Prohibited Conduct. The following actions are prohibited: ... Discrimination/harassment may include displays or circulation of written or electronic materials or pictures degrading on the basis of gender, and verbal abuse or insults directed at or made in the presence of an individual on the basis of gender; ...

(5) New College of Florida recognizes that not every advance or action of a sexual nature constitutes harassment. Whether a particular action or incident constitutes harassment depends on an examination of all available and relevant facts and circumstances. Such facts and circumstances may include the degree to which the conduct affected one or more student’s education, the type, frequency, and duration of the conduct, and the identity of and relationship between the two parties. Examples of prohibited conduct may include, but are not limited to the following when they meet the definitions of sexual misconduct or harassment, as listed above:

(a) Displaying or telling of sexually oriented or discriminatory jokes, statements, photographs, drawings, computer images, web sites, videos, slides, graphics, calendars, cartoons, e-mails or other communications;

(b) Making sexually explicit or discriminatory gestures or sounds based upon gender; ...