Title IX Prohibited Conducts

Quid Pro Quo

Quid pro quo harassment includes instances where a school employee conditions educational benefits on participation in unwelcome sexual conduct. 

Sexual Harassment

Sexual harassment is unwelcome speech or conduct of a sexual nature that may include unwelcome sexual advances, requests for sexual favors, and other demeaning conduct whether verbal, nonverbal, or physical. The 2020 Federal Regulations define this to be unwelcome conduct that a reasonable person would determine to be sufficiently severe, pervasive, and objectively offensive that it effectively denies a person equal access to their education or activity in school events. 

Examples of sexual harassment include but are not limited to the following: 

• Stereotypical gender-based remarks 
• Sexually suggestive or offensive joking, flirting, or comments 
• Derogatory or demeaning comments concerning gender 
• Sexually oriented comments about an individual’s body 
• Sexually oriented verbal abuse  
• Unwelcome and intentional touching  
• Sending sexually explicit or offensive text messages or other communications 

Sexual Exploitation

Sexual exploitation occurs when an individual takes unjust or abusive sexual advantage of another; for his/her own advantage or benefit; or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited 

• Voyeurism: Spying on people engaged in intimate behaviors considered to be private.
• Administering alcohol, drugs or other chemicals to another person without their consent. 
• Taking pictures, video, or audio recording another in a sexual act or in any other private activity without the consent of all involved in the activity. 
• Disseminating pictures or video of sexual nature without an individual’s consent. 

Indecent Exposure

Indecent exposure occurs when an individual exposes the private or intimate parts of the body in public or in private premises when the exposure is without the viewers’ consent or can be readily observed.

Violence Against Women Act (VAWA)

The following definitions of stalking, domestic violence, and dating violence are taken from the Violence Against Women Act.

Stalking

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress.

Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.

Domestic Violence

A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Sexual Assault

Sexual violence refers to physical sexual acts perpetrated against a person’s will, without the person’s consent, or where the person is incapable of giving consent because of the use of drugs or alcohol, the victim’s age, disability, or unconsciousness. Consent is a voluntary agreement to engage in sexual activity. Consent cannot be implied by silence. Consent is active, not passive.