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Sexual Discrimination Harassment and Misconduct

What is Discrimination, Sexual Harassment and Sex-Based Misconduct? 

Discrimination is a materially aversion action or actions that intentionally or unintentionally excludes someone from full participation in , denies the benefits of, or affects the terms and conditions of employment or the access to educational or institutional programs because of an individuals's race, color, sex, religion, national origin, age, disability, genetic information, veteran status, sexual orientation, gender identity, or any other classification protected by federal, state, or local law.  It includes harassment (both hostile environment and quid pro quo) and retaliation based on a legally protected category.  

Sexual harassment is a form of sex discrimination.  It includes unwelcome conduct on the basis of sex that conditions the provision of aid, benefit or service on an individual's participation in unwelcome sexual conduct; actions that a reasonable person can determine to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the member's education program or activity; or is sexually violent or threatening such as sexual assault, dating or domestic violence, or stalking based on sex.  

Sex-based misconduct is unwelcome conduct on the basis of sex that is severe, persistent, or pervasive enough to create a work, educational, or campus living environment that a reasonable person would consider intimidating, abusive, or offensive.  Aiding another in the commission of sex-based misconduct is included in this definition.  Sex-based misconduct also includes, but is not limited to, sexual assault, sexual exploitation, dating violence, domestic violence, and stalking based on sex.  

Other Definitions

 

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