• 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