b. In the workplace environment: i. Submission to or rejection of the conduct is used as a basis for academic or employment decisions or evaluations, or permission to participate in an activity (“quid pro quo”); or ii. Conduct, viewed under an objective standard, is sufficiently severe, persistent or pervasive so as to create an intimidating, hostile or abusive work environment, which may or may not interfere with the employee’s job performance (“hostile environment”). 5. Non-Title IX Sexual Harassment Examples a. Sexual Harassment Examples Outside of the Title IX Context Sexual harassment may take many forms – subtle and indirect, or blatant and overt. For example: • It may occur between individuals of the opposite sex or of the same sex. • It may occur between students, between peers and/or co-workers, or between individuals in an unequal power relationship (such as by a supervisor with regard to a supervised employee or an instructor regarding a current student). • It may be aimed at coercing an individual to participate in an unwanted sexual relationship or it may have the effect of causing an individual to change behavior or work performance. • It may consist of repeated actions or may even arise from a single incident if sufficiently severe. • It may also rise to the level of a criminal offense, such as battery or sexual violence. • Sexual violence, which is a severe form of sexual harassment and refers to physical, sexual acts or attempted sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, including but not limited to rape, sexual assault, sexual battery, sexual coercion or similar acts in violation of state or federal law. A person may be incapable of giving consent due to the use of drugs or alcohol, age, an intellectual or other disability, or other factors, which demonstrate a lack of consent or inability to give consent. Examples of unwelcome conduct of a sexual or gender related nature that may constitute sexual harassment may, but do not necessarily, include, and are not limited to: • Rape, sexual assault, sexual battery, sexual coercion, dating violence, domestic violence, stalking, other sexual violence; • Stealthing, including the intent to remove or damage a contraceptive device without the knowledge or consent of the other participant while engaging in a sexual act; • Sexually explicit or gender related statements, comments, questions, jokes, innuendoes, anecdotes, or gestures; • Other than customary handshakes, uninvited touching, patting, hugging, or purposeful brushing against a person’s body or other inappropriate touching of an individual’s body; • Remarks of a sexual nature about a person’s clothing or body; • Use of mail, text messages, social media, or other electronic or computer sources for nonconsensual dissemination of sexually oriented, sex-based communications; • Sexual advances, whether or not they involve physical touching; • Requests for sexual favors in exchange for actual or promised job or educational benefits, such as favorable reviews, salary increases, promotions, increased benefits, continued employment, grades, favorable assignments, letters of recommendation; • Displaying sexually suggestive objects, pictures, magazines, cartoons, screen savers or electronic files; • Inquiries, remarks, or discussions about an individual’s sexual experiences or activities and other written or oral references to sexual conduct; • Indecent exposure. This behavior is unacceptable in the workplace and the academic environment. Even one incident, if it is sufficiently serious, may constitute sexual harassment. One incident, however, does not necessarily constitute sexual harassment. 18
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