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Sexual Misconduct, 1.15
University Policy
Applies to: Faculty, staff, students, student employees, graduate associates, appointees, volunteers, supplier/contractor,
and visitors.
Responsible Office Office of Human Resources
POLICY
Issued: 10/01/1980
Revised: 08/23/2016
Members of the university community have the right to be free from all forms of sexual misconduct which impede the
realization of the university’s mission of distinction in education, scholarship, and service. All members of the university
community are expected to conduct themselves in a manner that maintains an environment free from sexual misconduct.
Sexual misconduct violates the dignity of individuals and will not be tolerated. The university community seeks to
eliminate sexual misconduct through education and by encouraging everyone to report concerns or complaints, including
third parties when the accused is a member of the university community. The university is committed to stopping sexual
misconduct, preventing its recurrence, eliminating any hostile environment, and remedying its discriminatory effects. This
policy defines expectations for the university community and establishes mechanisms for determining when those
expectations have been violated.
Purpose of the Policy
To maintain an environment for work and study free from sexual misconduct.
Definitions
Term
Definition
Sex- and gender-
based discrimination
Unfairly treating an individual or group of individuals differently than others on the basis of sex or gender.
Sexual misconduct is a form of sex- and gender-based discrimination.
Sexual misconduct
Conduct of a sexual nature or conduct based on sex or gender that is nonconsensual or has the effect of
threatening, intimidating, or coercing a person. Includes sexual harassment, sexual violence, relationship
violence, and stalking. Sexual misconduct is a form of sex- and gender-based discrimination.
Sexual harassment
In the employment context, sexual harassment is unwelcome, sex- or gender-based verbal or physical
conduct that unreasonably interferes with an individual’s work performance or creates an intimidating,
hostile, or offensive work environment.
In the education context, sexual harassment is unwelcome, sex- or gender-based verbal or physical
conduct that is sufficiently severe, persistent, or pervasive that it interferes with, denies, or limits an
individual’s ability to participate in or benefit from the university’s educational programs and activities.
It can take two forms: power differentials (quid pro quo) or hostile environment:
A. Quid pro quo sexual harassment exists when:
1. There are unwelcome sexual advances, requests for sexual favors, or other verbal or physical
conduct of a sexual nature; and
2. Submission to such conduct is made either explicitly or implicitly a term or condition of an
individual’s employment or academic status; or
3. Submission to or rejection of such conduct by an individual is used as the basis for employment
or academic decisions adversely affecting such individual.
B. Hostile environment in the employment context includes any situation in which there is harassing
conduct that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with an
individual’s work performance or creates an intimidating, hostile, or offensive work environment.
Hostile environment in the education context includes any situation in which there is harassing