• According to § 106.30, Sexual Harassment means conduct on the basis of sex under one or more of the following:

    Quid Pro Quo Harassment
    – Employee conditions the provision of aid, benefit, or service of the recipient on the Complainant’s participation in unwelcome sexual conduct


    Hostile Environment Sexual Harassment
    – Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies Complainant equal access to the recipient’s education program or activity

    Other Sexual Acts

    – Sexual assault per 20 U.S.C. 1092(f)(6)(A)(v): Includes Forcible and Nonforcible Sex Offenses

    – Forcible: Any sexual act directed against Complainant, forcibly, against Complainant’s will, or without consent, including rape, sodomy, sexual assault with an object, and fondling

    – Nonforcible: Offenses that do not involve force where the Complainant is incapable of giving consent, including statutory rape and incest 

     

    – Dating violence per 34 U.S.C. 12291(a)(10)

    Violence (on the basis of sex) committed by Respondent: – who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and – where the existence of such a relationship shall be determined based on a consideration of the following factors:

    (i) The length of the relationship

    (ii) The type of relationship

    (iii) The frequency of interaction between the persons involved in the relationship

     

    – Domestic violence per 34 U.S.C. 12291(a)(8)

    Felony or misdemeanor crimes of violence (on the basis of sex) committed by:

    – A current or former spouse or intimate partner of the Complainant

    – A person with whom the Complainant shares a child in common

    – A person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner

    – A person similarly situated to a spouse of the Complainant under the jurisdiction's domestic or family violence laws receiving grant monies, or

    – Any other person against an adult or youth Complainant protected from that person's acts under the jurisdiction's domestic or family violence laws.

     

    – Stalking per 34 U.S.C. 12291(a)(30)

    The term “stalking” means engaging in a course of conduct (on the basis of sex) directed at Complainant that would cause a reasonable person to:

    – Fear for their safety or the safety of others, or

    – Suffer substantial emotional distress