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Policy 110: Discrimination and Harassment

Appalachian State University

  • Speech Code Rating
    Yellow
  • Speech Code Category
    Harassment Policies
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Relevant Excerpt

3.4 Harassment

Communication in any form (including verbal, physical, electronic, or written) or conduct based on an individual’s Protected Status that is protected by federal law, state law, or University policy that creates a Hostile Environment or involves a Quid Pro Quo exchange that unreasonably interferes with the individual’s education, employment, or participation in a University program or activity. Not all harassing communication or conduct rises to unlawful harassment.

3.4.1 Hostile Environment

Communication or conduct based on Protected Status that is subjectively and objectively offensive and is so severe or pervasive that it alters the conditions of education or employment; or limits or denies an individual’s ability to participate in or benefit from a University program or activity. An isolated incident, unless sufficiently severe, does not constitute a Hostile Environment.

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3.4.3 Sex-Based Harassment

Sex-based harassment is a form of sex discrimination that includes sexual harassment and other harassment based on sex (including pregnancy, childbirth, and related medical conditions, sexual orientation, and gender identity) that includes Sex-Based Quid Pro Quo, Sex-Based Hostile Environment, and Specific Offenses (i.e. Sexual Assault, Dating Violence, Domestic Violence, and Stalking), and other conduct based on sex (i.e. sex-based stereotypes, sexist comments, or facially neutral offensive conduct motivated by sex).

3.4.4 Sex-Based Hostile Environment

Unwelcome conduct based on sex that either (a) occurs within an educational program or activity that is severe, pervasive, and objectively offensive, or (b) that is subjectively and objectively offensive and is so severe or pervasive that it alters the conditions of employment or education; or limits or denies an individual’s ability to participate in or benefit from a University program or activity. An isolated incident, unless sufficiently severe, does not constitute a Sex-Based Hostile Environment.

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