Student Handbook: Sexual Misconduct

“Sexual misconduct” is an umbrella term covering sex discrimination, sexual harassment, sexual violence, domestic violence, dating violence, and stalking. This term will be used throughout the remainder of this policy and when collectively referring to these types of conduct.

Sex Discrimination

Sex discrimination occurs when persons are excluded from participation in, or denied the benefits of, any College program or activity because of their sex. Sex discrimination can include adverse treatment based on one’s sex, as well as the other prohibited conduct outlined below.

Sexual Harassment

Definition of Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature and includes sexual advances, requests for sexual favors, and other verbal, physical, visual, or digital conduct of a sexual nature when:

  • Submission to such conduct is made or threatened to be made, either explicitly or implicitly, a term or condition of an individual’s employment or education;
  • Submission to or rejection of such conduct by an individual is used or threatened to be used as the basis for academic or employment decisions affecting that individual; or
  • Such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating what a reasonable person would perceive as an intimidating, hostile, or offensive employment, education, or living environment.
  • In determining whether a hostile environment exists, the College will consider the totality of circumstances, including factors such as the actual impact the conduct has had on the victim’s participation in the College’s programs and activities, the nature and severity of the conduct at issue, the frequency and duration of the conduct, the relationship between the parties (including accounting for any power differential), the respective ages of the parties, the context in which the conduct occurred, and the number of persons affected.

Examples of Sexual Harassment

  • Pressure for a dating, romantic, or intimate relationship, or for sexual activity
  • Unwelcome touching, kissing, hugging, rubbing, or massaging
  • Unnecessary references to parts of the body
  • Sexual innuendos, jokes, humor, or gestures
  • Displaying sexual graffiti, pictures, videos or posters
  • Using sexually explicit profanity
  • Asking about, or telling about, sexual fantasies, sexual preferences, or sexual activities
  • Social media use that violates this policy
  • Leering or staring at someone in a sexual way, such as staring at a person’s breasts or groin
  • Sending sexually explicit emails or text messages
  • Commenting on a person’s dress in a sexual manner
  • Giving unwelcome personal gifts such as flowers, chocolates, or lingerie that suggest the desire for a romantic relationship
  • Commenting on a person’s body, gender, sexual relationships, or sexual activities
  • Harassing a male because he “isn’t manly enough” or a female because she “is too manly”
  • Sexual violence (as defined below)

Such actions are prohibited not only by College policy, but also by the Title VII, section 703, of the Civil Rights Act of 1963 and Title IX of Education Amendments Act of 1972. Violations may be subject the individual to disciplinary action and may have legal consequences.