Sexual Harassment

Title IX Sexual Harassment includes conduct on the basis of sex that satisfies one or more of the following definitions, when the conduct occurs:

(1) in the institutions’ education program or activity and,

(2) against a person in the United States.

1. Title IX Quid Pro Quo Harassment: Title IX Quid Pro Quo Harassment occurs when an employee of either institution, including a student-employee, conditions the provision of an aid, benefit, or service of either institution on an individual’s participation in unwelcome sexual conduct. Such unwelcome sexual conduct could include, but is not limited to, sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal, nonverbal, or physical conduct or communication of a sexual nature.
2. Title IX Hostile Environment Harassment: Title IX Hostile Environment Harassment is unwelcome conduct on the basis of sex determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institutions’ education program or activity.

For the purposes of the definition of Title IX Hostile Environment Harassment, reasonable person means a reasonable person in the shoes of the complainant, considering the ages, abilities, and relative positions of authority of the individuals involved in an incident.

Multiple instances of the following conduct, or other unwelcome conduct on the basis of sex, may constitute Title IX Hostile Environment:

• Non-verbal harassment may include suggestive or insulting sounds, leering, whistling, obscene or sexual gestures, and visual displays;
• Verbal harassment may include statements (written or spoken) drawing upon sexual innuendo, suggestive comments, insults, humor or jokes that are sexual in nature, sexual propositions (including repeated unwelcome invitations to social engagements), commentary about an individual’s body, gossip about sexual relations, or sexual threats;
• Physical harassment may include unwanted kissing, touching, pinching, patting, hugging, or brushing of one’s body;
• Cyber or electronic harassment. The determination of what constitutes Title IX Hostile Environment Harassment depends upon the specific facts of each situation in the context in which the conduct occurs. Sexual Harassment may take many forms. It may be subtle and indirect, or blatant and overt. It may be conduct affecting an individual of the opposite sex or conduct affecting an individual of the same sex. It may occur between peers or between individuals in a hierarchical relationship. The circumstances that may be considered when determining whether conduct was so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institutions’ education program or activity include, but are not limited to:
  • The frequency of the conduct;
  • The nature and severity of the conduct;
  • Whether the conduct was physically threatening;
  • The effect of the conduct on the victim’s mental or emotional state;
  • Whether the conduct was directed at more than one person;
  • Whether the conduct arose in the context of other discriminatory conduct;
  • Whether the conduct was merely a discourteous, rude, or insensitive statement or action;
  • Whether the speech or conduct deserves the protections of academic freedom.

If you have experienced sexual harassment, it is important to consider reaching out for supportive services at the following resources:

• CSB Title IX Coordinator: Tamara Hennes-Vix, 320-363-5943
• SJU Interim Title IX Coordinator: Patricia Weishaar, 320-363-2113
• CSB and SJU Counseling, 320-363-3236
• CSB and SJU Health Services, 320-363-5605
• Central MN Sexual Assault Center, 320-251-4357