Handbook Flip Book Update November 2016

consumption of alcohol or other drugs, or due to a temporary or permanent physical or mental health condition. When evaluating whether someone consented to sexual activity after consuming alcohol or drugs, the University will consider whether a reasonable person would have known about the impact of alcohol and other drugs on the other party’s ability to give consent. Sexual Harassment Sexual harassment is a form of harassment based on sex or gender. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, written, online and/or physical conduct of a sexual nature or the creation of a hostile environment when it meets any of the following criteria:  Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or educational status or as a basis for employment or academic decisions; or  Such conduct has the purpose or effect of unreasonably interfering with an individual’s employment or educational performance, depriving a student or employee or other individual of the ability to participate in or derive full benefit from any educational or employment opportunity, or creates an intimidating, hostile or offensive environment for education, employment, social and/or residential living. The University recognizes that sexual harassment may occur regardless of the formal position or status of each person involved, it occurs in relationships where the behavior exploits unfairly the power inherent in the position, such as between teacher and student, supervisor and subordinate, or between a student with a position of authority over another student. C. Intent is not an element of sexual harassment. It is difficult to define with precision the kinds of verbal or physical behavior that constitute sexual harassment, because it depends on circumstances such as the severity, persistence and/or pervasiveness of the conduct, the type, frequency and duration of the conduct, the relationship between the harasser and the recipient of the harassment, the degree to which the conduct affected an individual’s education or employment; and whether it is a pattern of behavior. Although it is not possible to list all types of conduct that, if unwelcome, might constitute sexual harassment, the following are some examples:  Seeking sexual favors or relationships in return for the promise of a favorable grade, letter of recommendation, promotion, salary increase or other academic opportunity;  Offensive and persistent risqué jokes or kidding about sex or gender-specific traits; or  Sexually explicit statements, questions, jokes, or anecdotes, regardless of the means of communication (oral, written, electronic, etc.); or  Sexual comments or inappropriate references to gender; or  Sexually suggestive sounds or gestures such as sucking noises, winks, pelvic thrusts, eating food suggestively; or  Repeated unsolicited propositions for dates and/or sexual relations; or

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