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Relevant Excerpt

(2) Sexual Misconduct

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Sexual Harassment: Unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment can occur as hostile environment or quid pro quo.

(i) Hostile Environment Sexual Harassment: Exists if the conduct is sufficiently serious (severe or pervasive) that it interferes with or limits a student’s ability to participate in or benefit from the University’s program or an employee’s ability to perform their job. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the harassment is physical.

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(3) Harassment- Unwelcome conduct (verbal, written, or electronic) that is so severe, pervasive, or offensive, it substantially interferes with the ability of a person to work, learn, live, participate in, or benefit from the services, activities, or privileges provided by the University. This violation will not be used to discipline a Respondent for speech protected by the First Amendment of the United States Constitution.

(4) Discriminatory Harassment - Unwelcome conduct (verbal, written, or electronic) against another individual based upon a protected category (defined in policies 3364-50-01, 3364-50-02, and 3364-50-03) that is so severe, pervasive, or offensive, it substantially interferes with the ability of a person to work, learn, live, participate in, or benefit from the services, activities, or privileges provided by the University. This violation will not be used to discipline a Respondent for speech protected by the First Amendment of the United States Constitution.