[Interim] Rule 1-012: Discrimination Complaint Rule
University of Utah
Relevant Excerpt
Harassment means unwelcome or offensive conduct which has the purpose or effect of interfering with a person鈥檚 work or academic environment or creating an intimidating, hostile, offensive or otherwise adverse working or learning environment, when such conduct is based on or because of an individual鈥檚 membership in a protected class described in University Policy 1-012. This definition applies for any harassing conduct other than Sexual or Gender- Based Harassment, which is defined separately, for consistency with federal law. Harassment is a form of Discrimination.
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Sexual or Gender-Based Harassment means conduct, on the basis of sex/gender, that satisfies either of the following: ... Unwelcome conduct which a reasonable person would determine to be: ... sufficiently severe or pervasive that it has the purpose or effect of interfering with or creating an intimidating, hostile or offensive environment in a University Program or Activity (Title VII or University Policy);
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The free and open discussion of issues or theories relating to sexuality or gender in an academic or professional setting, when appropriate to subject matter, will be presumed not to constitute Sexual or Gender-Based Harassment even if it offends or embarrasses an individual unless other factors are involved, such as targeting the discussion to an individual or carrying out the discussion in terms that are both patently unnecessary and gratuitously offensive.