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Gender-based harassment is verbal, nonverbal, graphic, or physical aggression, intimidation, or hostile conduct based on sex, sex-stereotyping, sexual orientation or gender identity, but not involving conduct of a sexual nature, when such conduct is sufficiently severe, persistent, or pervasive that it interferes with or limits a person’s ability to participate in or benefit from the University’s education or work programs or activities. Preponderance of the Evidence is the standard by which a determination will be made regarding violations of this policy.It means the decision will be based on whether it is more likely than not that the discrimination occurred. A regular employee is a staff or faculty member who is appointed to a continuing position and receiving benefits. The Reporting Party is defined as a person who reports being the victim of sexual discrimination. A Responding Party is defined as a person alleged to have committed sexual discrimination. A responsible employee is obligated to report cases of sexual discrimination of which they become aware. Sexual discrimination includes any action or decision that would limit a person’s participation in an MSU program based on that person’s sex, gender, or gender orientation. Stalking is a course of conduct directed at a specific person which frightens, intimidates, or harasses that person, and that serves no legitimate purpose.It is important to recognize that emotional, verbal, and economic abuse are part of the web of dating violence and can exist without the presence of physical abuse. Crimes of violence committed against a victim by: (i) a current or former spouse; (ii) a person with whom the victim shares a child; (iii) a person who is, or has, cohabitated with the victim as a spouse; (iv) a person similarly situated to a spouse of the victim; or (v) any other person against whom the victim is protected under domestic and family violence laws.

This policy manual is written to address the many issues and varying aspects of sexual discrimination.All regular staff and faculty members are responsible employees. The course of conduct may be directed toward that person or a member of that person’s immediate family and must cause a reasonable person to experience fear, intimidation, or harassment.The MSU Athletic Department realizes that gender equity is a key component in a successful athletics program.This includes (but is not limited to) decisions for hiring, promotion, transfers, and salary administration.A BFOQ would exist if the duties of the position reasonably necessitate the choice of one sex or gender over the other.

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