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Interim Equal Opportunity and Discriminatory Harassment Policy

College of the Holy Cross

  • Speech Code Rating
    Yellow
  • Speech Code Category
    Harassment Policies
  • Last updated
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Relevant Excerpt

Unwelcome conduct that is based on or motivated by an individual鈥檚 actual or perceived race, religion, color, national origin, age, marital or parental status (including pregnancy and pregnancy related conditions), veteran status, sex, disability, genetic information, sexual orientation, gender identity or expression or any other legally protected status that is severe, persistent, or pervasive and creates an intimidating, hostile or offensive living, working or educational environment, or has the purpose or effect of unreasonably interfering with an individual鈥檚 employment, academic performance, education, or participation in extracurricular programs or activities.

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Examples of conduct contributing to discriminatory harassment include:
鈼 Unwelcome conduct or material that denigrates or shows hostility or aversion to an individual because of his, her, or their race, religion, color, national origin, age, marital or parental status (including pregnancy and pregnancy related conditions), veteran status, sex, disability, genetic information, sexual orientation, or gender identity or expression;
鈼 Epithets, slurs, negative stereotyping that relate to race, religion, color, national origin, age, marital or parental status (including pregnancy and pregnancy related conditions), veteran status, sex, disability, genetic information, sexual orientation, or gender identity or expression;
鈼 Threatening, intimidating, or hostile acts that relate to race, religion, color, national origin, age, marital or parental status (including pregnancy and pregnancy related conditions), veteran status, sex, disability, genetic information, sexual orientation, or gender identity or expression;

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For the purpose of this policy, sexual harassment consists of two basic types: ... Inappropriate Environment Based on Sex. Any unwelcome conduct of a sexual nature that is severe, persistent, or pervasive, and creates an intimidating, hostile or offensive living, working or educational environment, or has the purpose or effect of unreasonably interfering with an individual鈥檚 employment, academic performance, education, or participation in extracurricular programs or activities.

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Examples of behavior that might be considered sexual harassment include, but are not limited to:
鈼 Unwanted sexual innuendo, propositions, sexual attention or suggestive comments and gestures; inappropriate humor about sex or gender-specific traits; sexual slurs or derogatory language directed at another person鈥檚 sexuality, gender, gender identity, sexual orientation or gender expression; insults and threats based on sex, gender, gender identity, sexual orientation or gender expression; and other oral, written or electronic communications of a sexual nature that an individual communicates is unwanted and unwelcome.
鈼 Written graffiti or the display or distribution of sexually explicit drawings, pictures, or written or electronic materials; sexually charged name-calling; or the circulation, display, or creation of e-mails, text or social media messages, or web sites of a sexual nature.
鈼 Display or circulation of written or electronic materials or pictures degrading to an individual or gender group where such display is not directly related to academic freedom, or an educational/pedagogical, artistic, or work purpose.
鈼 Unwelcome physical contact or suggestive body language, such as touching, patting, pinching, hugging, kissing, or brushing against an individual鈥檚 body.
鈼 Physical coercion or pressure of an individual to engage in sexual activity or punishment for a refusal to respond or comply with sexual advances.
鈼 Use of a position of power or authority to: (1) threaten or punish, either directly or by implication, for refusing to tolerate harassment, for refusing to submit to sexual activity, or for reporting harassment, or (2) promise rewards in return for sexual favors.
鈼 Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex, sexual orientation, gender identity or expression, or sex-stereotyping.

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Other Inappropriate Sexual Behavior. Unwelcome conduct of a sexual nature that does not rise to the level of severe, persistent, or pervasive but is unreasonable in a living, working or educational environment. If Other Inappropriate Sexual Behavior is the only alleged violation of this policy with respect to a Respondent, the Director of Equal Opportunity may determine, in his, her or their sole discretion, whether to conduct an inquiry in order to determine whether preventative or remedial measures should be taken, such as warning, monitoring, training (individual or part of a group) or counseling.

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