OCR Definition of Student Sexual Harassment

The Office of Civil Rights (OCR) of the U.S. Department of Education issued the following definition in its 2001 Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students or Third Parties:

Sexual harassment is unwelcome conduct of a sexual nature. It can include verbal, nonverbal or physical conduct of a sexual nature. Sexual harassment of a student can deny or limit, on the basis of sex, the student's ability to participate in or benefit from services or opportunities in the school's education program or activity.

The definitions of "unwelcomeness", "of a sexual nature", "quid pro quo", "hostile environment" and "intent vs impact" are nearly identical under Title VII (sexual harassment in employment) and Title IX (sexual harassment in education). Note however, that Title IX further states that the behavior must deny or limit the student's ability to participate in or benefit from the education program or activity.

OCR defines an "education program or activity" as "...all of the school's operations. This means that Title IX protects students in connection with all of the academic, educational, extra-curricular, athletic, and other programs of the school, whether they take place in the facilities of the school, on a school (shuttle) bus, at a class or training program sponsored by the school at another location, or elsewhere."