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Relevant Excerpt

Sexual harassment, as defined in the regulations (34 C.F.R. Part 106) implementing Title IX of the Education Amendments Act of 1972, which is conduct based on sex that satisfies one of the following: 1. An employee of a NSHE institution (including but not limited to a student employee) conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct; 2. Unwelcome conduct on the basis of sex that is so severe or pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity;