or activities or employment access, benefits, or opportunities. Merely offensive conduct and/or harassment of a generic nature not on the basis of membership in a protected class may not result in a violation of this policy but may be addressed through education and/or other resolution methods.

2. Sexual Harassment

This policy prohibits any form of sexual harassment. Sexual harassment is unwelcome sexual- or gender-based verbal, written, direct/indirect, online, and/or physical conduct. Sexual harassment creates a hostile environment and may be disciplined when it is sufficiently severe, pervasive, persistent, or objectively offensive that it:

• a.has the effect of unreasonably interfering with, denying, or limiting employment opportunities or the ability to participate in or benefit from the University's educational, social, and/or residential program, or
• b.is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

3. Sexual Misconduct

This policy prohibits any form of sexual misconduct. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation, and/or gender identity of those involved, when a person commits an act without consent. The definition of consent below will be used in the interpretation and application of this policy:

Consent

Consent is an ongoing voluntary agreement, which can be given verbally or nonverbally, to engage in sexual activity. Absence of protest is not consent. In order to obtain consent, all parties:

• a.Must be fully conscious (If one is asleep, unconscious, or incapacitated due to drugs or alcohol and/or mental instability, consent cannot be given.)
• b.Must be willing to engage in sexual activity (If one is threatened, coerced, or restrained unwillingly, consent cannot be given.)