Sex Discrimination and Sex-Based Harassment

Definitions of Prohibited Conduct

The College prohibits Sex Discrimination against any member of the College community. The following behaviors constitute Prohibited Conduct under this Policy.

Sex Discrimination

Subjecting an individual or group to an adverse action – including differential treatment – based on sex, including sex stereotypes, sex characteristics, sexual orientation, and/or gender identity; Parental, Family, or Marital Status; and/or Pregnancy or Related Conditions. Sex-Based Harassment, including Sexual Assault, Dating Violence, Domestic Violence, and Stalking, is a form of Sex Discrimination, but separately defined under this Policy.

Sex-Based Harassment

Harassment based on sex, including sex stereotypes, sex characteristics, sexual orientation, gender identity, and/or Pregnancy or Related Conditions, which falls into one or more of the following categories:

Quid Pro Quo

An employee, agent, or other person authorized by the College to provide an aid, benefit, or service under the College’s Education Program or Activity explicitly or implicitly conditions the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct. It does not matter whether or not the person submits.

Hostile Environment

Unwelcome sex-based conduct that is sufficiently severe or pervasive that, based on the totality of the circumstances and evaluated subjectively and objectively, the conduct denies or limits a person’s ability to participate in or benefit from Haverford’s Education Program or Activity.

Determining whether conduct has created a hostile environment is a fact-specific inquiry which may include many factors such as, but not limited to: the degree to which the conduct affected the Complainant’s ability to access the College’s Education Program or Activity; the type, frequency, and duration of the conduct; the Parties’ ages, roles, previous interactions, and other factors about each Party that may be Relevant to evaluating the effects of the alleged unwelcome conduct; the location and context in which the conduct occurred; and other Sex-Based Harassment in the College’s Education Program or Activity.

Unwelcome sex-based conduct could include, but is not limited to:

• unwelcome sexual advances or requests for sexual favors;
• observing another individual’s nudity or sexual activity or allowing another to observe consensual sexual activity in a place where that person would have a reasonable expectation of privacy, without that person’s consent;
• recording, and/or distributing (including streaming) of images, photography, video, or audio recording of sexual activity or nudity, or distribution of such without that person’s consent; and
• exposing one’s genitals in non-consensual circumstances.

Sexual Assault, Dating Violence, Domestic Violence, Stalking

Sexual Assault, Dating Violence, Domestic Violence, and Stalking are forms of Sex-Based Harassment, just as Sex-Based Harassment is a form of Sex Discrimination. These types of Prohibited Conduct are separately defined below.

Sexual Assault

A forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, which includes the following acts:

Rape

The carnal knowledge of a person without that person’s consent, including instances where the person is incapable of giving consent because of their age or temporary or permanent mental or physical incapacity.

Sodomy

Oral or anal sexual intercourse with another person without that person’s consent, including instances where the person is incapable of giving consent because of their age or temporary or permanent mental or physical incapacity.

Sexual Assault With An Object

To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person without that person’s consent, including instances where the person is incapable of giving consent because of their age or temporary or permanent mental or physical incapacity.

Fondling

The touching of the private body parts of another person for the purpose of sexual gratification without that person’s consent, including instances where the person is incapable of giving consent because of their age or temporary or permanent mental or physical incapacity.

Incest

Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape

Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, where the existence of such a relationship is determined based on a consideration of the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.

Domestic Violence

A felony or misdemeanor crime committed by a person who is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the Commonwealth of Pennsylvania, or a person similarly situated to a spouse of the victim; is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; shares a child in common with the victim; or commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the Commonwealth.

Stalking

A course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress. Stalking must be sex-based in order to be within the scope of this Policy, and the perspective of a “reasonable person” is defined as that of a person under similar circumstances and with similar identities to the victim.

Retaliation

Any intimidation, threats, coercion, or discrimination directed at an individual by the College, a Student or employee of the College, or any other person authorized by the College to provide aid, benefits, or services as part of the College’s Education Program or Activity, for the purpose of interfering with that individual’s right(s) under this Policy, or because the individual has made a Report or Complaint under this Policy; made a report or complaint based on a sex-based discrimination claim to an external agency or to law enforcement; or participated or refused to participate in any investigation, adjudication, or other proceeding under this Policy, including an Alternative Resolution Process or Grievance Procedures.

Retaliation includes Peer Retaliation, but also Retaliation by a Student against an employee, or by an employee against a Student, as well as by an employee against another employee of more or less senior role. An individual need not be a Complainant or Respondent to have committed or been affected by Retaliation.

It is not Retaliation for the College to require an employee, or other person authorized by the College to provide aid, benefits, or services as part of the College’s Education Program or Activity, to participate as a witness in, or otherwise assist with, any investigation or adjudication under this Policy.