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Other Inappropriate Sexual Conduct: Includes unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature directed towards another individual that does not rise to the level of sexual harassment but is unprofessional, inappropriate for the workplace or classroom and is not protected speech.
The University's sexual misconduct policy prohibits only sex-based harassment that creates a hostile environment.
In accordance with federal law, when disciplinary action is commenced because of a violation of this policy, the above policies will provide both parties equal opportunities in all aspects of the process including notices and advisor representation.
Further, the standard of proof in determining the outcome will be the “preponderance of the evidence,” as defined in this policy.
It will be necessary, but not adequate, that the conduct was unwelcome to the individual who was harassed.
To conclude that conduct created or contributed to a hostile environment, the University must also find that a reasonable person in the individual's position would have perceived the conduct as undesirable or offensive.