Definitions

A24A

Discrimination. Prohibited discrimination occurs when an individual suffers an adverse employment, academic, or other decision based on protected categories.

Harassment is defined as conduct (including verbal, written, visual, or physical conduct) that denigrates or shows hostility against an individual based on his or her membership in one or more protected categories when such conduct has the purpose or effect of:

• unreasonably interfering with his or her work or academic performance, or
• creating an intimidating, hostile, humiliating, or offensive working, living or learning environment.

Sexual harassment is a particular type of harassment and is a form of prohibited sex discrimination. Sexual harassment includes sexual violence. Sexual harassment generally may be described to include unwelcome sexual advances, requests for sexual favors, or other physical and expressive behavior of a sexual nature when:

• submission to or rejection of such conduct is made either explicitly or implicitly a term of or a condition of education, employment, or participating in University activities;
• submission to or rejection of such conduct by an individual is or could be used as the basis for evaluation in making academic or personnel decisions affecting that individual; or
• such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive working, living, or learning environment.

Examples of sexual harassment vary with the circumstances. Examples of sexual harassment may include, but are not limited to, slurs, threats, derogatory or suggestive comments, unwelcome jokes, and displays of sexually-oriented literature or pictures, unwelcome teasing or sexual advances, and other similar verbal or physical conduct, including phone calls, e-mail, or other online communications. Sexual violence includes acts such as rape, acquaintance rape, and other forms of non-consensual sexual activity.