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Relevant Excerpt

Sexual Harassment is (1) any unwanted verbal, visual, written, electronic or physical conduct, of a sexual nature (2) that is intended to cause or could reasonably be expected to cause an individual or group to feel intimidated, demeaned, abused or fearful or have concern for their personal safety (3) because of their sex, sexual orientation, or gender identity or expression or because of their perceived or actual affiliation or association with individuals or groups identified by such characteristics.

Note that to qualify as Gender-Based Harassment, the conduct does not need to involve conduct of a sexual nature.

Sexual harassment prohibited under this policy can be classified as either hostile environment sexual harassment or quid pro quo sexual harassment.

• a. Hostile Environment Harassment: A hostile environment based on sex, sexual orientation, or gender identity or expression exists when the conduct:
  • is sufficiently severe or pervasive (meaning that the conduct is either of an extraordinarily severe or egregious nature or has been repeated with sufficient frequency or continually); in other words, typically a single offense or occasional, episodic instances of offensive behavior will not qualify as sufficiently severe or pervasive, but a single egregious offense (e.g., sexual assault) would, and
  • objectively and subjectively has the effect of
    • unreasonably interfering with an individual’s work or equal access to education or
    • creating an intimidating, intolerable, or offensive work or academic environment.

Mere offensiveness is not enough to create a hostile environment.

The following types of behavior may constitute Sexual or Gender-Based Harassment:

• Verbal conduct: including making or using derogatory comments, or objectively offensive comments of a sexual nature, including persistent or pervasive sexually explicit statements, questions, jokes, anecdotes, epithets, slurs or humor; graphic verbal commentaries about an individual’s body, clothing or lifestyle that have sexual implications or demean the individuals sexuality or gender, sexually degrading words used to describe an individual, suggestive invitations; or intentionally using incorrect pronouns or an incorrect name when a person has clearly stated their name and pronouns