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Relevant Excerpt

(2) Sexual Misconduct

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Sexual Harassment: unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment can occur as hostile environment or quid pro quo.

(i) Hostile Environment Sexual Harassment: exists if the conduct is sufficiently serious (severe or pervasive) that it interferes with or limits a student’s ability to participate in or benefit from the university’s program or an employee’s ability to perform their job. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the harassment is physical.

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(3) Harassment: unwelcome conduct (verbal, written, or electronic) that is so severe, pervasive, or offensive, it substantially interferes with the ability of a person to work, learn, live, participate in, or benefit from the services, activities, or privileges provided by the university. This violation will not be used to discipline a respondent for speech protected by the First Amendment of the United States Constitution.

(4) Discriminatory Harassment: unwelcome physical, verbal, or non-verbal (written or electronic) conduct of an intimidating or threatening nature based on an individual’s race, color, religion, sex, age, national origin, ancestry, sexual orientation, gender identity and expression, military or veteran status, the presence of a disability, genetic information, familial status, or political affiliation that is sufficiently serious to deny or limit the individual’s ability work, learn, live, participate in, or benefit from the services, activities, or privileges provided by the university. This violation will not be used to discipline a respondent for speech protected by the First Amendment of the United States Constitution.