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Relevant Excerpt

3.4 Discriminatory Harassment

Unwelcome conduct that is based on protected classifications (as defined, below) that creates a hostile work or learning environment. A hostile environment exists when conduct is so severe, persistent or pervasive, as determined by analyzing the totality of the circumstances, that it denies or limits a person’s ability to participate in or benefit from the University’s programs or activities or the conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creates an intimidating, or offensive work environment. Both subjective and objective factors shall be considered when evaluating whether a hostile environment exists. Conduct is considered unwelcome if the person did not request or invite it and considered the conduct to be undesirable or offensive.

3.4.1 Sexual Harassment - Sexual harassment and misconduct are types of discriminatory harassment, as defined above, that refer to a variety of behaviors that include these two common elements:
- The behaviors are unwelcome, and
- The behaviors are either: 1) of a nature that is related to sex or gender, gender identity or expression, or sexual orientation, and/or 2) they are directed at a person because of their actual or perceived sex or gender, gender identity or expression, or sexual orientation.

This policy prohibits all sexually harassing conduct, whether or not it is criminal, if such conduct occurs on University property or while one is engaged in University activities, when the results of such conduct create a hostile work or learning environment in University courses, activities or employment. This policy also requires redressing a hostile environment that occurs on campus even if it relates to off-campus activities, when the results of such conduct create a hostile work or learning environment in University courses, activities or employment.