Defined as unwelcome sexual advances, request for sexual favors, and any other verbal,
non-verbal or physical conduct of a sexual nature when:
Submission is such conduct is made, either explicitly or implicitly, a term or condition
of an individual's education, employment, or participation in programs or activities
at the Covered Entity;
Submission to or rejection of such conduct by an individual is used as a basis for
decisions affecting that individual's education, employment, or participation in programs
or activities a the Covered Entity; or
Such conduct is so severe or pervasive that it has the purpose or effect of unreasonably
interfering with an individual's education, employment or participation in programs
or activities at the Covered Entity, and/or creating an intimidating, hostile, offensive
or abusive employment, academic, extracurricular or living or learning environment
for the individual at the Covered Entity.
Is a form of sexual harassment, and 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. A number of different acts fall into the category
of sexual violence, including rape, sexual assault, sexual battery, and other forms
of sexual coercion.
An offense that meets one of the following definitions of rape, fondling, incest or
statutory rape used in the FBI's Uniform Crime reporting Program.
Fondling—The touching of the private parts of another person for the purpose of sexual gratification,
without the consent of the victim, including instances where the victim is incapable
of giving consent because of his/her age or because of his/her temporary or permanent
Incest—Sexual intercourse between persons who are related to each other within the degrees
wherein marriage is prohibited by law.
Rape—The penetration, no matter how slight, of the vagina or anus with any body part of
object, or oral penetration by a sex organ of another person, without the consent
of the victim.
Statutory Rape— Sexual intercourse with a person who is under the statutory age of consent.
Violence committed by a person who is or has been in a social relationship of a romantic
or intimate nature with the victim. Dating violence includes, but is not limited to,
sexual or physical abuse or the threat of such abuse.
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 suffered substantial
Course of Conduct means two or more acts, including, but not limited to, acts in which the stalker
directly, indirectly, or through third parities, by any action, method, device, or
means, including social media, follows, monitors, observes, surveils, threatens, or
communicates to or about a person, or interferes with a person's property.
Reasonable person means a reasonable person under similar circumstances and with similar identities
to the victim.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require
medical or other professional treatment or counseling.
Any willful attempt to inflict injury upon another when coupled with the apparent
ability to do so. Actual touching, striking, or doing bodily harm to another is not
required; the mere attempt constitutes an assault.
The intentional and wrongful physical contact with a person without that person's
consent, or without legal authority to do so, that entails some injury or offensive
touching. The willful attempt to use force to touch another is an assault; the actual
touching is a battery
A threat of violence is any act of aggression or a statement which objectively could
be perceived as intent to cause harm to an employee. Threatening behavior includes
any behavior that could be interpreted by a reasonable person as intent to cause physical
harm to another individual. Threatening behavior may, or may not, include the actual
act of physical force, with or without a weapon, toward another individual. Threatening
behavior may be verbal or non-verbal.