Prohibited Discrimination and Retaliation

Relevant Excerpt

The following definitions are forms of Discriminatory Misconduct, which are prohibited by this Policy: ...

2. Harassment: Unwelcome verbal or physical conduct based on a protected characteristic that is sufficiently severe or pervasive that it creates a hostile environment or substantially interferes with an individual’s employment, education or access to university programs, activities, or opportunities, and would have such an effect on a similarly situated reasonable person. Harassment may include, but is not limited to, verbal, online and electronic statements, electronic and online conduct, nonverbal or physical conduct, graphic or written statements, threats, or slurs, intentional or repeated deadnaming or misgendering. Whether a hostile environment has been created or substantial interference has occurred is a fact-specific inquiry. Factors that may be considered include the nature, frequency, and duration of the conduct in question, the degree to which the conduct affects individuals’ access to university programs or activities, the location and context in which it occurs, and the status, ages, roles and prior interactions of the individuals involved. Hostile environment harassment includes when an individual engages in a pattern of conduct toward multiple people that would, in the aggregate, create a hostile environment for a reasonable person. It also includes when a hostile environment is created by the conduct of multiple people, acting in concert, toward an individual.

3. Sexual Harassment: A specific form of Harassment involving unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, when: ...

• The conduct is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual’s work or academic performance, thereby creating an intimidating, hostile, or offensive environment and would have such an effect on a similarly situated reasonable person.