Sexual harassment in the learning institutions consists of any type of unwanted behavior or explicit or implicit sexual approach manifested towards any student of the institution incurred by a school director or superintendent, supervisor, agent, student or person not employed by the institution, teacher or teaching or non-teaching employee of the institution.
Unwanted sexual harassment shall be deemed to consist of demanding sexual favors and indulging in any other explicit or implicit, verbal or physical behavior of a sexual nature towards a student when one or more of the following circumstances exist:
(a) When the effect or purpose of such unwanted behavior or approach is to intimidate or threaten the student or unreasonably interfere in the pursuit of his/her studies or when it creates an intimidating, hostile or offensive study environment.
(b) When submitting to or rejecting said undesired unwanted behavior or approach becomes the basis for a person to make any decision regarding any aspect of his/her studies.
(c) When submitting to said undesired behavior or approach implicitly or explicitly becomes a condition for remaining at the learning institution.
History —Jan. 4, 1998, No. 3, § 4.