The Facts

Non-Title IX Sexual Harassment: The term “non-Title IX sexual harassment,” whether between people of different sexes or the same sex, includes, but is not limited to, conduct that does not meet the definition of Title IX Sexual Harassment but otherwise constitutes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, electronic or physical conduct of a sexual nature when:

• the Respondent is a non-employee and submission to such conduct is implicitly or explicitly a term or condition of an individual’s participation in an educational program;
• the Respondent is a non-employee and submission to or rejection of such conduct by an individual is used as the basis for academic evaluation or advancement; or
• such conduct creates a non-Title IX hostile environment (“non-Title IX hostile environment”).

Examples of conduct that may, depending on the facts and circumstances, constitute non-Title IX sexual harassment include, but are not limited to: making comments about someone’s appearance in a sexually suggestive way; staring at someone or making obscene gestures or noises; repeatedly asking someone on a date; “flashing” or exposing body parts; sexual coercion; intentional sexual in nature touching that does not meet the definition of Title IX Sexual Harassment; disrobing; spreading sexual rumors; rating peers or colleagues with respect to sexual performance; non-consensual observation, photographing, or recording of sexual activity or nudity; non-consensual distribution or dissemination of photographs or recordings of sexual activity or nudity, including distribution or dissemination of photographs or recordings that were made consensually; allowing a third party to observe sexual activity without the consent of all parties; and prostituting or trafficking another person. In evaluating allegations of sexual harassment, the University considers all relevant evidence, weighs a variety of factors, and evaluates the conduct at issue from both a subjective and objective perspective. These conduct examples may constitute Title IX Sexual Harassment if they are accompanied by additional facts and circumstances that bring them within the definition of Title IX, (e.g., the conduct occurred within the University’s education program or activity and other criteria described in Section IX are satisfied.

Non-Title IX Gender-Based Harassment: The term “non-Title IX gender-based harassment,” whether between people of different genders, or the same genders, includes, but is not limited to, conduct that does not meet the definition of Title IX Sexual Harassment but otherwise constitutes unwelcome conduct based on gender that creates a non-Title IX hostile environment. Non-Title IX Gender-Based Harassment does not include unwelcome conduct of a sexual nature, which is considered Non-Title IX Sexual Harassment.

Non-Title IX Hostile Environment: A “non-Title IX hostile environment” results from unwelcome sexual or sex-based conduct that does not meet the definition of Title IX Sexual Harassment but is so severe, pervasive, or persistent that it unreasonably interferes with, limits, or deprives a member of the community of the ability to participate in or to receive benefits, services, or opportunities from the University’s education or employment programs and/or activities. A non-Title IX hostile environment can be the result of acts committed by any individual or individuals, including any member of the University community. To assess whether the alleged conduct has created a hostile environment under this definition, the University considers all relevant evidence, weighs a variety of factors, and evaluates the conduct at issue from both a subjective and objective. perspective.

Title IX Sexual Harassment: The term “Title IX Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:

• An employee conditioning educational benefits on participation in unwelcome sexual conduct (quid pro quo);
   
• Unwelcome conduct that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies a person equal access to the educational institution's education program or activity; and/or
   
• Sexual Assault, Dating Violence, Domestic Violence, or Title IX Stalking.

Even when alleged conduct falls under this definition of “Title IX Sexual Harassment,” additional criteria must be met to trigger the application of the Procedures for Title IX Sexual Harassment.  To determine which procedures apply, OIE will perform further assessment, as described in Section VIII.