Sexual Harassment and Violence

Sexual harassment, which includes acts of sexual violence, is a form of sex discrimination and is prohibited by Title IX Education Amendments of 1973, 2001, and 2010. Sexual harassment is unwelcome conduct of a sexual nature and can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment of a person can deny or limit, on the basis of sex, the student’s ability to participate in or to receive benefits, services, or opportunities in the school’s program (2001 OCR Guidance). “Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, include rape, sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX” (April 4, 2011 Dear Colleague Letter).