Gender-Based Misconduct Policy: Definitions of Gender-Based Misconduct- College Category Violations
Bard College
Relevant Excerpt
College Category violations include the following conduct. When a complaint does not constitute a potential Title IX Category violation because of the location or status of the complainant, the College retains discretion to respond to, investigate, and/or adjudicate the complaint as a potential College Category violation. ...
Sex-Based Harassment: Unwelcome, offensive conduct on the basis of sex (including including sex, gender, sexual orientation, gender identity, gender expression, transgender status, sex stereotypes, sex characteristics, and pregnancy or related conditions) that does not constitute sexual harassment as a Title IX Category violation. This can be verbal, written, visual, electronic, or physical and includes conduct that does not rise to the level of creating a hostile environment.
The fact that a person is personally offended by a statement or incident does not alone constitute a violation. Instead, the determination is based on a 鈥渞easonable person鈥 standard and considers the totality of the circumstances. The College considers the context of a communication or incident, the relationship of the individuals involved in the communication or incident, whether an incident was an isolated incident or part of a broader pattern or course of offensive conduct, the seriousness of the incident, the intent of the individual who engaged in the allegedly offensive conduct, and its effect or impact on the individual and the learning or working community.