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Relevant Excerpt

Sex-Based Hostile Environment Harassment is defined as: 

• Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that, from the perspective of a reasonable person in the Complainant’s position, it effectively limits or denies a person’s ability to participate in or benefit from any CMC education program or activity;

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Harassment in education programs and activities means any unwelcome behavior (physical, verbal, graphic, or written) based on a Protected Status (other than Sex-Based Harassment which is separately defined above), that, based on the totality of the circumstances, is subjectively and objectively offensive and that, from the perspective of a reasonable person in the Complainant’s position, it is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from CMC’s education programs or activities. 

A person can commit harassment without intending to create these outcomes.  

In evaluating the severity, persistence, or pervasiveness of the conduct, the College considers whether the target(s) of the conduct, as well as an objectively reasonable person considering the conduct from the perspective of the target(s), would find the conduct to be severe, persistent, or pervasive. Relevant factors for consideration may include, but are not limited to, the context, nature, scope, frequency, duration, and location of the harassment based on Protected Status, as well as the identity, number, age, and relationships of the persons involved. Generally, the less pervasive the harassing conduct, the more severe it must be to establish a hostile environment. In some instances, a single act may be sufficiently severe as to be prohibited by this Policy.