• Definition of Sexual Harassment  

     
    Title IX regulations define sexual harassment as conduct based on sex that satisfies one or more of the following:  
    • An employee conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo – “this for that); or 

    • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipients’ education program or activity (i.e., hostile working environment); or 

    • Sexual assault as defined in the Clery Act; or dating violence, domestic violence, or stalking, as defined in the Violence Against Women Act (VAWA).  

     

    Sexual harassment includes unwelcome conduct of a sexual nature, which is prohibited by Title IX.  Examples of unwelcome conduct of a sexual nature include, but are not limited to, the following: 

    • Unwelcome touching of a sexual nature; 

    • Making sexual jokes, gestures, or comments; 

    • Calling students or adults sexually charged names; 

    • Sexual advances; 

    • Requests for sexual favors; 

    • Circulating, showing, or creating emails, text messages, or websites of a sexual nature (including Instagram and Facebook); and 

    • Verbal, nonverbal, or physical conduct of a sexual nature. 

     

    Sexual Assault: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault includes rape, sodomy, sexual assault with an object, fondling, incest, and statutory rape. 

     

    Domestic Violence: A felony or misdemeanor crime of violence committed by: 

    • a current or former spouse or intimate partner of the victim; 

    • a person with whom the victim shares a child in common; 

    • a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; 

    • a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or 

    • any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. 

     

    Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. This includes sexual or physical violence or the threat of such abuse. 

     

    Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for the person’s safety or the safety of others or (2) suffer substantial emotional distress. This includes, but is not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.