‘Sexual harassment’ means conduct on the basis of sex, whether direct or indirect, implicit or explicit, verbal or nonverbal or in person or via virtual or electronic means, that satisfies one or more of the following:

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1.  An employee of an institution within the System conditioning the provision of an aid, benefit or service of the institution or the terms, conditions or privileges of the participation of a person in the education programs or activities of the institution on the person’s participation in unwelcome sexual conduct, including, without limitation:

(a) A sexual advance;

(b) A request for sexual favors; or

(c) Other conduct of a sexual nature.

2.  Unwelcome sexual advances, requests for sexual favors and conduct of a sexual nature or evincing gender bias:

(a) That, in the educational environment, is made a term or condition of a student’s academic status or, based on an objective standard, is sufficiently severe, persistent or pervasive that it interferes with, limits or effectively denies a student the ability to participate in or benefit from the services, activities or opportunities offered by an institution within the System.

(b) Where, in the workplace, submission to or rejection of the sexual advances, requests for sexual favors or conduct is used as a basis for decisions or evaluations related to academics or employment or permission to participate in a service, activity or opportunity offered by an institution within the System or that, based on an objective standard, is sufficiently severe, persistent or pervasive that it creates an intimidating, hostile or abusive work environment which may or may not interfere with an employee’s job performance.

3.  Sexual assault, dating violence, domestic violence or stalking.