Definitions

A24A

Discrimination. Prohibited discrimination occurs when an individual suffers an adverse employment, academic, or other decision based on protected categories.

Harassment is defined as conduct (including verbal, written, visual, or physical conduct) that denigrates or shows hostility against an individual based on their membership in one or more protected categories when such conduct has the purpose or effect of:

  • unreasonably interfering with their work or academic performance, or
  • creating an intimidating, hostile, humiliating, or offensive working, living or learning environment.

Sexual harassment is a particular type of harassment and is a form of prohibited sex discrimination. Sexual harassment includes sexual violence.

Title IX of the Education Amendments of 1972 specifically prohibits sexual harassment, i.e. unwelcome conduct on the basis of sex that is severe, pervasive, and objectively offensive that creates a hostile environment that effectively denies a person  equal access to an educational program or activity. Title IX applies to sexual harassment that occurs in the following circumstances:

  • On-Campus,
  • An educational program or activity which includes any building owned or controlled by a student organization  that is officially recognized by Elon University
  • Against a person who is located in the U.S.
  • These instances of prohibited conduct as applied through the terms above will be addressed through the Title IX Process and Procedure section of the Title IX and Sexual Misconduct  and Gender-Based Policy.

Reports of sexual misconduct or gender-based violence allegedly perpetuated by faculty that allege behavior outside the scope of federal Title IX regulations, will follow this grievance process outlined below.

Sexual harassment, outside the scope of Title IX, is unwelcome, sexual, sex-based and/or gender-based verbal, written, online and/or physical conduct..

  • Sexual harassment can take the form of quid pro quo harassment, retaliatory harassment and/or creates a hostile environment. 
  • Sex/Gender-Based Harassment is defined as unwelcome conduct determined by a reasonable person to be severe or pervasive, or objectively offensive that it unreasonably interferes with an individual's performance or creates and intimidating, hostile or abusive working or learning environment.
  • The determination of whether an environment is "hostile" must be based on the totality of the circumstances. These circumstances include, but are not limited to, the following:
    • The frequency of the conduct
    • The nature and severity of the conduct
    • Whether the conduct was physically threatening
    • Whether the conduct was humiliating
    • The effect of the conduct on the alleged victim's mental or emotional state
    • Whether the conduct was directed at more than one person
    • Whether the conduct arose in the context of other discriminatory conduct
    • Whether the conduct unreasonably interfered with the Complainant's educational or work performance
  • Quid Pro Quo Harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another or when submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating  an individual's educational or employment progress, development, or performance. This includes when submission to such conduct would be a condition for access to receiving the benefits of any educational or employment program.

 

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