Unwelcome verbal, nonverbal, or physical conduct, based on sex or gender stereotypes, that:
1. Is implicitly or explicitly a term or condition of employment or status in a course, program or activity; or
2. Is a basis for employment/educational decisions; or
3. is sufficiently severe, persistent, or pervasive to: (1) interfere with one's work or educational performance; (b) create an intimidating, hostile, or offensive working or learning environment; or (c) interfere with or limiting one’s ability to participate in or benefit from an educational program or activity.
Sexual harassment includes forced or coerced sex or relationships, including where a person is incapable of giving consent due to use of drugs or alcohol, or due to disability, or due to being under the age of 16. Other examples that may constitute sexual harassment when sufficiently severe, persistent, or pervasive include, without limitation:
- Non-consensual touching of another’s body, including unwanted hugging or shoulder rubbing.
- Sexual remarks, jokes, anecdotes, inquiries, or physical gestures.
- Requests or propositions of a sexual nature.
- Gender or sex-based comments or comments of a sexual nature (either complimentary or insulting) about a person’s physique, clothing, or sexual/romantic activity or preferences.
- Inappropriate use or display, or non-consensual sharing, of sexual images, text, or objects.
Sexual harassment can occur regardless of the relationship, respective positions of authority, or respective sex, sexual orientation, or gender identity of the parties involved.