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Definition of Sexual Harassment
1. Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature made by someone from or in the work or educational setting, under any of the following conditions:
a. Submission to the conduct is explicitly or implicitly made a term or a condition of an individual's employment, academic status, or progress.
b. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or an academic decision affecting the individual.
c. The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
d. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or though the educational institution
2. For the purpose of further clarification, sexual harassment includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. The following is a partial list:
a. Making unsolicited written, verbal, or physical contact with sexual overtones. Some examples are: making or using derogatory comments, epithets, slurs and jokes of a sexual nature; verbal sexual advances or propositions; verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations; leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters; touching, assault, impeding or blocking movements.
b. Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction is not considered sexual harassment.)
c. Within the work environment, engaging in explicit or implicit coercive sexual behavior which controls, influences, or affects the career, salary and/or work environment or any other term or condition of employment; within the educational environment, engaging in explicit or implicit coercive sexual behavior which controls, influences, or affects the educational opportunities, grades and/or learning environment of the student.
d. Making reprisals, threats of reprisals, or implied threats of reprisal following a negative response to a sexual advance. For example, within the work environment, either suggesting or actually withholding support for an appointment, promotion, or change of assignment; suggesting a poor performance report will be prepared, or suggesting probation will be failed. Within the educational environment, either suggesting or actually withholding grades earned or deserved; or suggesting a scholarship recommendation or college application will be denied.
San Joaquin Delta College