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Relevant Excerpt

Harassment is a specific form of discrimination. For purposes of this policy, harassment is unwelcome behavior, based on a protected classification, that is sufficiently severe or pervasive to create an intimidating, hostile, or offensive environment for academic pursuits, employment, or participation in board or university sponsored programs or activities. Additionally, sexual harassment, whether between individuals of the same or different sex, includes unwelcome conduct of a sexual nature that is made, either explicitly or implicitly, a condition of an individual’s education, employment, or participation in board or university sponsored programs or activities, or the submission to or rejection of such conduct is a factor in decisions affecting that individual’s education, employment, or participation in board or university sponsored programs or activities.

Examples of conduct that may, if severe or pervasive, constitute sexual harassment may include but are not limited to the following:

a. Sexual Violence, which includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the use of drugs or alcohol, due to an intellectual or other disability, or due to age. This can include rape, sexual assault, sexual battery, and sexual coercion;
b. Unwelcome physical or implied sexual advances, or requests for sexual favors;
c. Unwelcome inappropriate physical touching, kissing, or brushing up or rubbing against another;
d. Unwelcome sexually suggestive or degrading jokes, comments, or insults, or gestures;
e. Voyeurism (which occurs while observing others in a state of full or partial undress or engaged in sexual activity) or nonconsensual photographing or audio or video recording of another, or publishing or disseminating such materials; or
f. The inappropriate display or circulation of sexually explicit materials such as photos, pictures, posters, magazines, cartoons, or statements, whether in printed or electronic form.