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Other Prohibited Sexual Misconduct

 In addition to the above forms of sexual harassment designated under Title IX, there are additional behaviors that are prohibited at NSU in order to promote a safe, healthy, and effective learning environment for all students. These forms of sexual misconduct are outside the scope of Title IX (including any Title IX jurisdictional requirements) and thus may be referred for response through the procedures in the Student Code of Conduct, NSU Employee and Faculty Policy Manuals, NSU University School Student/Parent Handbook or other such applicable NSU procedure(s): 

  1. Non-Title IX Sex Offense refers to conduct reported to constitute a type of Title IX Sexual Harassment but does not meet the jurisdictional requirements (i.e. where and when) under Title IX. Examples include but are not limited to:
    • A sexual assault by one student of another while on an NSU sponsored study abroad trip,
    • Dating violence or stalking by one student of another occurring a few blocks from NSU and affecting a student’s ability to feel safe on campus, or
    • Sexual harassment by a faculty member reported by a student who has already graduated.
  2. Sexual Harassment, defined as unwelcome conduct of a sexual nature1. Conduct is considered “unwelcome” if the person did not request or invite it and considered the conduct to be undesirable or offensive. Sexual harassment can be verbal, non-verbal and/or physical.  Examples include but are not limited to:
    • Verbal communications such as jokes or innuendo about sexual topics; repeated phone calls or propositions after a person has expressed disinterest; or vulgar sex-based or related language;
    • Obscene and/or physically intimidating gestures; whistling, leering, ogling, making suggestive or insulting sounds, obscene gestures; display of pornographic and/or obscene materials, sex-based graffiti. 
    • “Quid pro quo” from a person in a position of authority requesting sexual activities in exchange for a grade or positive recommendation,
    • Physical conduct such as non-consensual touching, patting, pinching, stroking, or making sexual comments while touching someone on a non-private body part.
  3. Gender-based harassment, defined as unwelcome conduct of a nonsexual nature based on a person’s actual or perceived gender, sexual orientation, gender identity, gender expression, or nonconformity with gender stereotypes. Examples include but are not limited to:

    • Verbal communications such as jokes or innuendo about sexual topics; repeated phone calls or propositions after a person has expressed disinterest; or vulgar sex-based or related language;
    • Aggressive or intimidating acts towards person(s) because of their gender-related identity,
    • Telling jokes designed to make fun of lesbian, gay, bisexual, or transgender persons.

  4. Sexual exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent. Examples of behavior that could rise to the level of sexual exploitation include but are not limited to: 
    • Recording images (e.g., video, photograph) or audio of an individual while in the restroom or locker room, 
    • Sharing sexual images with another person without their consent in an attempt to cause sexual feelings,
    • Knowingly transmitting a disease or infection to someone by means of sexual contact without their knowledge or consent,
    • Coercing a student sending intimate photos of him/her/themselves outside of school hours/off-campus, resulting in the student not feeling able to participate in class.
    • Watching another person in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of feeling sexually aroused.  
  5. A hostile environment created by unwelcome sexual conduct that is sufficiently serious to deny or limit a person’s ability to participate in or benefit from an NSU education program or activity.  While Title IX prohibits unwelcome sexual conduct that effectively denies a student access to an education program or activity, NSU may also respond to those behaviors of a sexual nature which limit, adversely affect, otherwise disrupt a person’s ability to participate in an educational activity or program, regardless of location where the conduct occurs.  
1. While sexual harassment is generally defined as “unwelcome conduct of a sexual nature,” the application of formal disciplinary action will be determined on a case-by-case basis.

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