What Types of Behavior Constitute Sexual Misconduct?
The law recognizes two types of sexual misconduct, quid pro quo and hostile environment. Quid pro quo (this for that) occurs when a school employee explicitly or implicitly grants a student a favor in exchange for sexual gratification. The employee may, as a condition for a student’s participation in an educational activity or in return for an educational decision, request that the student submit to unwelcome sexual advances, grant sexual favors, or agree to engage in other verbal, nonverbal, or physical conduct of a sexual nature. Hostile environment means unwanted and unwelcome verbal or physical contact of a sexual nature that is sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from an educational program or activity. Authors Charol Shakeshaft and Audrey Cohan offer a less legalistic definition of sexual misconduct that focuses on the conduct itself, rather than whether the conduct is “unwanted or unwelcome.” They classify behav
