Sex Discrimination and Sex-Based Harassment

Discrimination on the basis of sex includes discrimination on the basis of sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. This includes discrimination based on perceived identity whether that perception is accurate or not.

An offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, as follows:

Forcible offenses: Rape, Sodomy, Fondling, Sexual Assault with an Object

Nonforcible offenses: Incest, Statutory Rape

A form of Sex Discrimination, which includes Sexual Harassment and other harassment on the basis of sex, including:

Quid Pro Quo Harassment – An employee, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;

Hostile Environment Harassment – Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the University’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

• The degree to which the conduct affected the Complainant's ability to access the University's education program or activity;
• The type, frequency, and duration of the conduct;
• The Parties' ages, roles within the University's education program or activity, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct;
• The location of the conduct and the context in which the conduct occurred; and

• Other Sex-Based Harassment in the University's education program or activity

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. 

Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship will be determined based on a consideration of the length and type of relationship and the frequency of interaction between the parties involved in the relationship.

Domestic Violence – Violence committed by a person who:

• Is a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of the jurisdiction of the University, or a person similarly situated to a spouse of the Complainant;
• Is cohabitating, or has cohabitated, with the Complainant as a spouse or intimate partner;
• Shares a child in common with the Complainant; or
• Commits acts against a youth or adult Complainant who is protected from those acts under the family or domestic violence laws of the jurisdiction.

Intimidation, threats, coercion, or discrimination against any person by the University, a student, or an employee or other person authorized by the University to provide aid, benefit, or service under the University’s education program or activity, (a) for the purpose of interfering with any right or privilege secured by Title IX, or (b) because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing, including in an informal resolution process, in grievance procedures, and any other actions taken by the University.

Peer Retaliation - is retaliation by a student against another student.

Nothing precludes the University from requiring an employee or other person authorized by the University to provide aid, benefit, or service under the University’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing.