Page 65 - POLICY GUIDE 2012

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e. unwelcome sexual behavior or words, including demands for sexual favors, ac-
companied by implied or overt threats or promises of preferential treatment with re-
gard to an individual’s employment or educational status;
f. unwelcome behavior, verbal or written words, or symbols directed at an individual
because of gender.
g. The use of authority to emphasize the sexuality of a student in a manner that
prevents or impairs that student’s full enjoyment of educational benefits, climate,
or opportunities.
Acts of verbal, non-verbal or physical aggression, intimidation or hostility
based on sex, but not involving sexual activity or language, can be combined with inci-
dents of sexual harassment to determine if the incidents of sexual harassment are suffi-
ciently serious to create a sexually hostile environment. The prohibition against sexual
harassment applies whether the harassment is between people of the same or different
The totality of the circumstances in which the behavior occurs is critical in
determining whether a hostile environment exists. Factors to be considered in determin-
ing whether a hostile environment exists include, but are not limited to, the degree to
which the conduct affected one or more individuals’ education or employment; the type,
between the alleged harasser and the subject or subjects of harassment; the number of
individuals involved; the age and gender of the alleged harasser and the subject or sub-
jects of the harassment; the size of the school, location of the incidents, and context in
which they occurred; other incidents at the school or location at which they occurred; and
incidents of gender-based, but not sexual harassment.
3103.1.4 Racial Harassment:
Racial harassment consists of physical, verbal, or written con-
duct relating to an individual’s race when the conduct:
Has the purpose or effect of creating an intimidating, hostile, or offensive
working or academic environment.
Has the purpose or effect of substantially or unreasonably interfering with an
individual’s work or academic performance; or
Otherwise adversely affects an individual’s employment or academic oppor-