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do the job, when based on that person’s gender, could
constitute gender-based harassment. Harassment
comes in many forms, including but not limited to
the following conduct that could, depending on the
circumstances, meet the definition above, or could
contribute to a set of circumstances that meets the
denition:
• Verbal: Inappropriate or offensive remarks, slurs,
jokes, or innuendoes based on a person’s race,
gender, sexual orientation, or other protected status.
This may include, but is not limited to, inappropriate
comments regarding an individual’s body, physical
appearance, attire, sexual prowess, marital status,
or sexual orientation; unwelcome flirting or
propositions; demands for sexual favors; verbal
abuse, threats, or intimidation; or sexist, patronizing,
or ridiculing statements that convey derogatory
attitudes based on gender, race nationality, sexual
orientation, or other protected status.
• Physical
: Inappropriate or oensive touching, assault,
or physical interference with free movement. This may
include, but is not limited to, kissing, patting, lingering
or intimate touches, grabbing, pinching, leering, staring,
unnecessarily brushing against or blocking another
person, whistling, or sexual gestures. It also includes
any physical assault or intimidation directed at an
individual due to that person’s gender, race, national
origin, sexual orientation, or other protected status.
Physical sexual harassment includes acts of sexual
violence, such as rape, sexual assault, sexual battery,
and sexual coercion. Sexual violence refers to physical
sexual acts perpetrated against a person’s will or where
a person is incapable of giving consent due to the
victim’s use of drugs or alcohol. An individual also may
be unable to give consent due to an intellectual or other
disability.
• Visual or Written: The display or circulation of
visual or written material that degrades an individual
or group based on gender, race, nationality, sexual
orientation, or other protected status. This may
include, but is not limited to, posters, cartoons,
drawings, graffiti, reading materials, computer
graphics, or electronic media transmissions.
• Environmental
: A hostile academic or work
environment may exist where it is permeated by
sexual innuendo; insults or abusive comments
directed at an individual or group based on gender,
race, nationality, sexual orientation, or other protected
status; or gratuitous comments regarding gender,
race, sexual orientation, or other protected status that
are not relevant to the subject matter of the class or
activities on the job. A hostile environment can arise
from an unwarranted focus on sexual topics or sexually
suggestive statements in the classroom or work
environment. It can also be created by an unwarranted
focus on, or stereotyping of, particular racial or ethnic
groups, sexual orientations, genders, or other protected
statuses. An environment may also be hostile toward
anyone who merely witnesses unlawful harassment
in his or her immediate surroundings, although the
conduct is directed at others. The determination of
whether an environment is hostile is based on
the totality of the circumstances, including such
factors as the frequency of the conduct, the severity
of the conduct, whether the conduct is humiliating
or physically threatening, and whether the conduct
unreasonably interferes with an individual’s learning or
work.
Sexual Harassment: In addition to the above, sexual
harassment consists of unwelcome sexual advances,
requests for sexual favors, and other verbal, visual, or
physical conduct of a sexual nature made by someone
from, or in, the work or educational setting when:
•
submission to the conduct is explicitly or implicitly
made a term or condition of an individual’s
employment, academic status, or progress;
• submission to, or rejection of, the conduct by the
individual is used as a basis of employment or
academic decisions aecting the individual;
• the conduct has the purpose or effect of having
a negative impact upon the individual’s work or
academic performance, or of creating an intimidating,
hostile or oensive work or educational environment
(as more fully described below); or
• submission to, or rejection of, the conduct by the
individual is used as the basis for any decision
affecting the individual regarding benefits and
services, honors, programs, or activities available at
or through the community college.
This definition encompasses two kinds of sexual
harassment:
• “Quid pro quo” sexual harassment occurs when a
person in a position of authority makes educational
or employment benefits conditional upon an
individual’s willingness to engage in or tolerate
unwanted sexual conduct.
• “Hostile environment” sexual harassment occurs
when unwelcome conduct based on a person’s
gender is sufficiently severe or pervasive so as to
alter the conditions of an individual’s learning or
work environment, unreasonably interfere with an
individual’s academic or work performance, or create
an intimidating, hostile, or abusive learning or work
environment. The victim must subjectively perceive
the environment as hostile, and the harassment
must be such that a reasonable person of the same
gender would perceive the environment as hostile. A
single or isolated incident of sexual harassment may
be sucient to create a hostile environment if it is
severe, i.e. a sexual assault.
Sexually harassing conduct can occur between people
of the same or different genders. The standard for
determining whether conduct constitutes sexual
harassment is whether a reasonable person of the same
gender as the victim would perceive the conduct as
harassment based on sex.
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