Unwelcome conduct of a sexual nature

Sexual harassment is a form of unlawful sex discrimination and means any unwelcome sexual advance, unwelcome request for sexual favor, or other unwelcome sexual verbal, physical or electronic conduct.

Quid Pro Quo describes a type of sexual harassment that exercises power and control over another person and occurs when:

  • Submission to or rejection of such conduct is made either explicitly or implicitly a term of condition of employment; participation in an academic or athletic program; evaluation of academic work; or participation in a NMSU-sponsored educational program or activity.
  • Submission to or rejection of such conduct by an individual is used as a basis for academic or employment decisions, or decisions on activity or program participation, including but not limited to membership, grades, pay, hire, promotion, and transfers.

Hostile Environment is a type of sexual harassment that affects an individual’s work or academic surroundings to the degree that the conduct is sufficiently severe, persistent or pervasive such that is has the purpose of effect of unreasonably interfering with, limiting, or deny an individual’s ability to participate in or benefit from educational programs or activities, or employment or access to benefits or access to opportunities.

A person’s subjective belief alone that a behavior is offensive, intimidating, or abuse does not necessarily make that behavior sexual harassment. The behavior must be objectively offensive, meaning that a reasonable person in similar circumstances and with similar identity would find the behavior hostile.

A single isolated incident may create a hostile environment if the incident is sufficiently severe. The more sever the conduct, the less the need to show a repetitive series of incidents to create a hostile environment , particularly when the harassment is physical.


Examples

  • Sending unwanted suggestive email, text, Snapchat, Instagram, notes, pictures, photos, GIFs, videos, etc.
  • Displaying inappropriate sexual images or posters in work or public places.
  • Telling lewd jokes or sharing sexual anecdotes.
  • Making inappropriate sexual gestures or comments (i.e. catcalling).
  • Staring in a sexually suggestive or offensive manner.
  • Making unwanted sexual comments about appearance, clothing, or body.
  • Requiring sexual favors in exchange for a grade, hiring, or promotion.
  • Uninvited touching or hugging.
  • Disciplining an employee because they end a consensual relationship.
  • Refusing to write recommendations for a student because the student refuses sexual advances.