Threshold Requirements | Prohibited Conduct Defined
In order for reported behavior to qualify as sexual harassment under the Sinclair Title IX Sexual Harassment and Sex Discrimination Procedure , all three of the threshold requirements must be met. Also, all of the elements of one of definitions of Sexual Harassment must be met. The Title IX Coordinator or their designate will make this determination as mandated by federal regulations.
The threshold requirements include the following:
In addition to meeting all three of the threshold requirements listed above, the reported behavior must meet all of the elements of one of the six types of prohibited conduct to qualify as sexual harassment under the Sinclair Title IX Sexual Harassment and Sex Discrimination Procedure.
The six types of sexual harassment under federal law, 34 CFR Part 106.30(a) include the following prohibited conduct:
Quid Pro Quo sexual harassment is conduct on the basis of sex that where a Sinclair employee conditions a provision of aid, benefit, or service of Sinclair on an individual’s participation in unwelcomed sexual conduct.
For example, if an instructor states that the student will earn an “A” in the class if the student provides sexual favors to the instructor, this is quid pro quo harassment.
Unwelcome conduct sexual harassment is conduct on the basis of sex that is unwelcome and determined by a reasonable person to be so severe, pervasive, and objectively offensive that is effectively denies a person equal access to the recipient’s education program or activity.
For example, Chuck and Kathy both work for Sinclair in the same group. Chuck has a crush on Kathy and constantly makes sexual remarks to her about her body. Over a 2-month period, Kathy as documented 20 sexual comments made to her by Chuck including crude remarks about what he intends to do her once he has her in bed. Kathy is afraid to be around Chuck and can no longer work with him.
Sexual Assault Defined conduct based on sex that is defined as a forcible or non-forcible sex offense or attempted forcible or non-forcible sex offense as classified under the Uniform Crimes Reporting system of the FBI. This includes rape, sodomy, sexual assault with an object, fondling, incest, and statutory rape.
Dating violence is conduct based on sex that consists of violence committed by a person who is or has been in a romantic or intimate relationship with the complainant. The existence of such a romantic or intimate relationship is determined by the length of the relationship, the type of relationship, and the frequency of interactions between the individuals involved in the relationship.
For example, if a student reports to her instructor that she just argued with her boyfriend in the Sinclair parking garage, and her boyfriend slapped her in the face, this would be an example of dating violence.
Domestic Violence is conduct on the basis of sex that consists of a felony or misdemeanor crime of violence committed by:
(a) A current or former spouse or intimate partner of the victim,
(b) A person with whom the victim shares a child in common,
(c) A person who is cohabitating with, or has cohabitated with,
the victim as a spouse or intimate partner,
(d) A person similarly situated to a spouse of the victim under
the domestic/family violence laws of the jurisdiction
(e) Any other person against an adult or youth victim who is
protected from that person’s acts under the domestic/family
violence laws of the jurisdiction.
Stalking is conduct based on sex that consists of engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for the person’s safety or the safety of others; or (B) suffer substantial emotional distress.
For purposes of the definition of Stalking under this Policy:
For example, John and Jane date for 6 months then break up. John waits outside of Jane’s classes to convince her to get back together with him, he follows her to the cafeteria and the library often, follows her to the parking garage, and comments that she will be sorry she broke up with him. This is an example of stalking.