Definitions
Below are definitions of some prohibited behaviors as reflected in Harvard's policies on sexual harassment and other sexual misconduct. For more context and comprehensive definitions, please refer to the policies themselves.
Consent
Consent is agreement, assent, approval, or permission given voluntarily and may be communicated verbally or by actions.
- That a person welcomes some sexual contact does not necessarily mean that person welcomes other sexual contact. Similarly, that a person willingly participates in conduct on one occasion does not necessarily mean that the same conduct is welcome on a subsequent occasion.
- In addition, when a person is incapacitated, meaning so impaired as to be incapable of giving consent, conduct of a sexual nature is deemed unwelcome, provided that the Respondent knew or reasonably should have known of the person’s incapacity. The person may be incapacitated as a result of drugs or alcohol or for some other reason, such as sleep or unconsciousness. A Respondent’s impairment at the time of the incident as a result of drugs or alcohol does not, however, diminish the Respondent’s responsibility for sexual harassment under this Policy.
Learn more in Harvard's Interim Title IX Sexual Harassment Policy.
Sexual Harassment
Sexual Harassment is unwelcome conduct on the basis of sex, including sexual orientation and gender identity. Sexual harassment includes unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, graphic, or physical conduct of a sexual nature or based on sexual orientation or gender identity, that satisfies one or more of the following:
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An employee of the University either explicitly or implicitly conditioning the provision of an aid, benefit, or services of the University, such as an individual’s employment or academic standing (for example, academic evaluation, grades, or advancement) on an individual’s participation in unwelcome sexual conduct (quid pro quo); quid pro quo sexual harassment can occur whether a person resists and suffers the threatened harm, or the person submits and avoids the threatened harm. Both situations could constitute discrimination on the basis of sex; or
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Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education or work programs or activities; or
- Sexual assault, dating violence, domestic violence, and stalking.
Read more in Harvard's Interim Title IX Sexual Harassment Policy.
Other Sexual Misconduct
Other Sexual Misconduct is unwelcome conduct on the basis of sex, including sexual orientation and gender identity. Other sexual misconduct includes unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, graphic, or physical conduct of a sexual nature or based on sexual orientation or gender identity, that satisfies one or more of the following:
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An employee of the University either explicitly or implicitly conditioning the provision of an aid, benefit, or services of the University, such as an individual’s employment or academic standing (for example, academic evaluation, grades, or advancement) on an individual’s participation in unwelcome sexual conduct (quid pro quo), which may occur whether a person resists and suffers the threatened harm or the person submits and avoids the threatened harm; or
- Unwelcome conduct determined by a reasonable person to be so severe, persistent, or pervasive that it effectively denies a person access to the University’s education or work programs or activities (hostile environment).
Read more in Harvard's Interim Other Sexual Misconduct Policy.
Sex Offenses
Sex Offenses are any sexual act including Rape, Sodomy, Sexual Assault With An Object, or Fondling directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
Read more in Harvard's Interim Title IX Sexual Harassment Policy.
Dating Violence
Dating Violence is violence committed by a person
(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(B) where the existence of such a relationship shall be determined based on a consideration of the length and type of relationship, as well as the frequency of interaction between the persons involved in the relationship.
Dating violence includes, but is not limited to, sexual abuse, physical abuse of a sexual nature, or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence, below.
Read more in Harvard's Interim Title IX Sexual Harassment Policy.
Domestic Violence
Domestic Violence: Felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the relevant jurisdiction, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the relevant jurisdiction.
Read more in Harvard's Interim Title IX Sexual Harassment Policy.
Stalking
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to
(A) fear for his or her safety or the safety of others; or
(B) suffer substantial emotional distress. For the purposes of this definition, “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
Read more in Harvard's Interim Title IX Sexual Harassment Policy.