Filed Under: Definitions
When sexual assault is charged, and sex-based harassment is as well based on the same incident, is sex-based harassment to be considered stand-alone, or overlapping? Meaning, does finding of sexual assault automatically mean the conduct is also SBH, or does the recipient make a finding specific to the elements of the SBH offense as well?
The definition of “sex-based harassment” under § 106.2 includes three separate prongs: quid pro quo, hostile environment, and specific offenses. The specific offense prong includes sexual assault, dating violence, domestic violence, and stalking. If a recipient determines that the alleged conduct meets the definition of sexual assault under Title IX, then the conduct necessarily meets the definition of sex-based harassment under § 106.2. It is not necessary for the conduct to also meet the definition of hostile environment sex-based harassment or quid pro quo sex-based harassment. It is also possible that alleged conduct may not meet the definition of sexual assault, but could meet the definition of hostile environment sex-based harassment or quid pro quo sex-based harassment. If the conduct meets the definition of quid pro quo sex-based harassment or hostile environment sex-based harassment it will also necessarily meet the definition of sex-based harassment under § 106.2.