4. Non-Title IX Sexual Harassment Defined
Outside of the Title IX context, unwelcome sexual advances, requests for sexual favors, and/other visual, verbal or physical conduct of a sexual or gender bias nature constitute sexual harassment when:
a. In the education environment
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's academic status ("quid pro quo"); or
- Conduct, viewed under an objective standard, is sufficiently severe, persistent or pervasive so as to interfere with or limit a student's ability to participate in or benefit from the services, activities, or opportunities offered by the institution ("hostile environment").
b. In the workplace environment
- Submission to or rejection of the conduct is used as a basis for academic or employment decisions or evaluations, or permission to participate in an activity (“quid pro quo”); or
- Conduct, viewed under an objective standard, is sufficiently severe, persistent or pervasive so as to create an intimidating, hostile or abusive work environment, which may or may not interfere with the employee’s job performance (“hostile environment”).