II-US-2 Procedures for Addressing Prohibited Sexual Misconduct, Harassment, and Discrimination

Relevant Excerpt

Sex/Gender-based Harassment:

a. Unwelcome conduct or speech,

b. determined by a reasonable person,

c. to be so severe, or

d. pervasive, or

e. objectively offensive

f. that it unreasonably interferes with an individual’s functioning, or

g. creates an intimidating, hostile, or abusive working or learning environment.

...

Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is younger than the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced

...

Sex/Gender-based Discrimination:

a. Any unlawful distinction, preference, or detriment to an individual as compared to

others that is

b. based on an individual’s sex, gender, gender identity, gender expression, or sexual

orientation

c. that is sufficiently serious to unreasonably interfere with or limit a student’s or

applicant for admission's ability to participate in, access, or benefit from

educational programs, services, or activities (e.g., admission, academic standing,

grades, assignment, club, campus housing).