Prohibited Conduct Related to Gender Discrimination and Harassment

Discrimination on the basis of sex that is prohibited under Title IX, which may include discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, parental status, sexual orientation, and gender identity, including but not limited to, sex-based harassment. 

Sex discrimination consisting of sexual harassment and other harassment on the basis of sex in the following forms (quid pro quo harassment, hostile work environment, or a specific offense):

Quid Pro Quo Harassment 

An employee, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person's participation in unwelcome sexual conduct.

Hostile Environment Harassment

Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the University’s education program or activity (i.e., creates a hostile environment). The fact that a person is offended is not alone enough to establish a violation of this Policy. The University evaluates complaints based on a “reasonable person” standard, taking into account the totality of the circumstances, including the context of the interaction.

Examples of conduct that may constitute sexual harassment as defined above may include severe or pervasive unwelcome conduct that includes one or more of the following:

• Physical conduct: Unwelcome touching, physical assault, impeding, restraining, or blocking movements, unwanted sexual advances within the employment context.
• Verbal conduct: Making or using derogatory comments, epithets, slurs, or humor; graphic verbal commentaries about an individual's body; or sexually degrading words used to describe an individual.
• Visual conduct: Leering; making sexual gestures; displaying of suggestive objects, pictures, cartoons, or posters in a public space or forum if deemed severe, persistent, or pervasive by a reasonable party.

Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

• The degree to which the conduct affected the Complainant’s ability to access the University’s education program or activity;
• The type, frequency, and duration of the conduct;
• The parties’ ages, roles within the University’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
• The location of the conduct and the context in which the conduct occurred; and
• Other sex-based harassment in the University’s education program or activity.

Specific Offenses

• Sexual assault, meaning an offense classified as a forcible or nonforcible sex offense, which includes:
  • Forcible Rape – The carnal knowledge of a person, forcibly and/or against that persons will; or not forcibly or against that persons will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).
  • Forcible Sodomy – Oral or anal sexual intercourse with another person, forcibly and/or against that persons will; or not forcibly against that persons will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  • Sexual Assault with an Object – The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that persons will; or not forcibly against the persons will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical in capacity.
  • Forcible Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that persons will; or not forcibly or against that persons will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary mental incapacity.
  • Incest – Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape – Non-forcible sexual intercourse with a person who is under the statutory age of consent.
• Dating violence meaning violence committed by a person:
  • Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  • Where the existence of such a relationship shall be determined based on a consideration of the following factors:
    • The length of the relationship;
    • The type of relationship; and
    • The frequency of interaction between the persons involved in the relationship.
• Domestic violence meaning felony or misdemeanor crimes committed by a person who:
  • Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of New York, or a person similarly situated to a spouse of the victim;
  • Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
  • Shares a child in common with the victim; or
  • Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.
• Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
  • Fear for the person's safety or the safety of others; or
  • Suffer substantial emotional distress.
• Sexual Activity without Affirmative Consent (as defined above). “Sexual Activity” has the same meaning as “sexual act” and “sexual contact” as provided in 18 U.S.C. § 2246(2) and 18 U.S.C. § 2246(3). Therefore, the term “sexual activity” includes the following:
  • contact between the penis and the vulva or the penis and the anus, and for purposes of this definition contact involving the penis occurs upon penetration, however slight;
  • contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
  • the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
  • the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 17 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
  • the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
• Sexual Exploitation occurs when one person takes the non-consensual or abusive sexual advantage of others for self-serving advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to:
  • Invasion of sexual privacy;
  • Prostituting another person;
  • Non-consensual digital, video, or audio recording of nudity or sexual activity;
  • Unauthorized sharing or distribution of digital, video or audio recording of nudity or sexual activity;
  • Engaging in voyeurism;
  • Knowingly exposing someone to or transmitting an STI or blood-borne infection such as Hepatitis or HIV to another person;
  • Intentionally or recklessly exposing one’s genitals in non-consensual circumstances, or inducing another to expose their genitals.

The University prohibits retaliation against anyone for filing a Complaint or participating or declining to participate in any manner in an investigation or hearing in response to an allegation of discrimination or harassment, including allegations of Prohibited Conduct. The University recognizes that retaliation can take many forms including intimidation, threats, coercion, or discrimination, and may be committed by an individual or a group against an individual or a group, between peers, and that a Respondent can also be the subject of retaliation by the Complainant or a third party. Complaints of retaliation for filing a Complaint or participating or declining to participate in any manner in an investigation or hearing in response to an allegation of discrimination or harassment, including allegations of Prohibited Conduct, will be treated the same as a Complaint of Prohibited Conduct under this Policy. 

Students are not peers of University employees. Therefore, regardless of whether a sexual relationship between a student and a University employee is “consensual,” and regardless of whether or not the relationship constitutes sex discrimination or sex-based harassment, such relationships are prohibited. All University employees, full-time and part-time, must refrain from entering into any inappropriate sexual relationships with students.

Allegations of inappropriate University employee/student sexual relationships should be reported to the Title IX Coordinator or the Office of Human Resources at (585) 385-8048 or humanresources@sjf.edu. In cases where an employee of the University is a Respondent, the procedures detailed in the Employee Handbook apply when allegations do not include sex discrimination or sex-based harassment.