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4. Hostile Communication
a. Threatening another individual physically, verbally, or by any other means in a manner
to make a reasonable person believe that the threat(s) is likely to be carried out;
harassment; intimidation; or coercion by any means, including electronic
communication.
b. Verbal or written threats, coercion, or any other written communication that is based
upon race, color, religion, sex, national origin, age, disability, sexual orientation, gender
identity, gender expression, veteran status, or any class protected by law, that, by
design, intent, or recklessness, incites reasonable fear of physical harm or otherwise
unreasonably interferes with another’s ability or opportunity to participate in work,
education, research, living, or other activities.
5. Sexual Misconduct.
Sexual misconduct is unwelcome conduct of a sexual or gender-based nature that may
adversely and unreasonably interfere with someone’s education or work. It is determined
based on the perspective of a reasonable person in the same circumstances as the person
experiencing the misconduct. It is a form of discrimination and includes acts of sexual assault
or sexual harassment as defined below. Sexual misconduct can occur in person or through e-
mail, the Internet, social media, or other technologies. Anyone, regardless of gender,
affectional or sexual orientation, actual or perceived, or gender identity and expression, can be
the victim of sexual misconduct.
a. Sexual Assault: (Non-consensual intercourse). Sexual assault is the
penetration, no matter how slight, of the vagina or anus with any body part or
object, or oral penetration by a sex organ of another person, without the
consent of that person.
b. Sexual Assault: Non-consensual sexual contact. Nonconsensual sexual contact
means the deliberate and unwelcome touching of another person’s intimate
parts (sexual organs, genital area, anal area, inner thigh, groin, buttock, or
breast of a person) without consent for sexual gratification or touching another
with one’s own intimate parts, without consent, and for the purpose of sexual
gratification.
c. Sexual Harassment. Sexual harassment is unwelcome conduct of a sexual
nature, including sexual advances, requests for sexual favors, or other verbal
or physical conduct of a sexual nature. Hostile environment sexual harassment
is based on a person’s actual or perceived gender and is conduct that a
reasonable person would consider so offensive, severe, persistent, or pervasive
as to interfere with a person’s ability to participate in educational or work
activities or programs. Sexual harassment can be verbal, written, graphic,
physical or through digital, online, or social media communications. Sexual
harassment may occur between persons of any sex/gender, and anyone can be
sexually harassed. Harassment on the basis of sex may also occur without
sexual advances or sexual overtones when conduct is directed at an individual
or group because of their sex or gender.
d. Dating and Domestic Violence. Both dating and domestic violence are
prohibited forms of misconduct under this policy and do not have to involve