For a policy violation to occur, the unwelcome sexual conduct (verbal or physical) will be evaluated based on whether or not the conduct is severe, pervasive, and/or* objectively offensive.
Severity refers to how intimidating or threatening the behavior is.
Pervasiveness refers to how frequently the behavior happens.
Objectively offensive refers to the elements of severity, pervasiveness, and objective offensiveness must be evaluated in light of the known circumstances and depend on the facts of each situation, but must be determined from the perspective of a reasonable person standing in the shoes of the complainant (reporting party). Disseminating “revenge porn,” or conspiring to sexually harass people (such as fraternity members telling new pledges to “score”), or other unwelcome conduct that harms and humiliates a person on the basis of sex may meet the elements including pervasiveness, particularly where the unwelcome sex-based conduct involves widespread dissemination of offensive material or multiple people agreeing to potentially victimize others and taking steps in furtherance of the agreement.
Note*: For a policy violation of sexual misconduct not falling under Title IX to occur, the unwelcome sexual conduct needs to be severe, pervasive, OR objectively offensive. For a Title IX policy violation to occur, the unwelcome sexual conduct needs to be severe, pervasive, AND objectively offensive.