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environment, behavior must be deemed severe, persistent, or
pervasive from both a subjective and objective standard. In
evaluating whether a hostile environment exists, the University
will consider the totality of known circumstances, including the
nature, frequency, intensity, location, context, and duration of the
behavior. Although a hostile environment is generally created
through a series of incidents, for purposes of this Policy, a single
severe incident, can be sufficient to constitute a hostile
environment. It is important to note that not all gender-based
behavior or speech creates a hostile environment.
Examples of conduct that may constitute Gender-Based Harassment
include but are not limited to:
● A series of written, verbal, or electronic statements that disparage a
person based on their actual or perceived sex, gender identity,
gender expression, sexual orientation, or pregnancy;
● Threats of violence toward an individual based on their actual or
perceived identity; within a protected class, or toward an entire
sex, gender identity, gender expression, sexual orientation, or
pregnancy status as a group; and/or
● Defacing University property, or another individual’s property,
with symbols or language intended or understood by a
REASONABLE PERSON to disparage or threaten a person or group
based on sex, gender identity, gender expression, sexual
orientation, or pregnancy.
In some cases, harassment may be based on multiple protected class bases
included in the University’s Nondiscrimination Policy Notice. In general,
harassment involving protected class bases other than actual or perceived
gender, sexual orientation, gender identity, or gender expression might fall
under other University policies. For matters involving STUDENT
RESPONDENTS, this would include the Student Code of Conduct in effect at
the specific campus. For matters involving EMPLOYEE or THIRD PARTY
RESPONDENTS, this could include, but is not limited to the Discrimination
and Harassment Policy, SPG 201.89-1. Where reported harassment may
be based on both sex or gender (including actual or perceived sex, sexual
orientation, gender identity, gender expression or pregnancy) and another
protected class basis (e.g., race, color, national origin, age, marital status,
disability, religion, height, weight, or veteran status), ECRT will consult
with other University officials, as needed, to determine whether the matter
is most appropriately addressed under this Policy or another University
Policy, or whether different aspects of the matter should be addressed
separately under each.