Under the University’s Sex Based Misconduct Policy EP 1. 204 (effective February 1, 2023), Sexual Harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct that is sexual in nature when:
a. Submission to or rejection of the conduct is either an explicit or implicit term or condition of an individual’s employment, education, or participation in a University program, activity, or service;
b. Submission to or rejection of the conduct by an individual is used as a basis in decisions affecting that individual’s employment, education, or participation in a University program, activity, or service; and/or
c. When such conduct is unwelcome to the person to whom it is directed or to others directly aware of it, and when such conduct is:
i. Severe, persistent, or pervasive; and
ii. Has the purpose or effect of either:
(1) Unreasonably interfering with the student’s academic performance or the employee’s work performance, or
(2) Creating an intimidating, hostile, or offensive work or educational environment.
The conduct must be both objectively and subjectively perceived as offensive. That is, the Complainant must view the conduct as offensive, and a reasonable person must also view the conduct as offensive. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the reporting party (e.g., age, sex, race, religion).
Petty slights, annoyances, and isolated incidents (unless sufficiently serious) will typically not rise to the level of Sexual Harassment.