Which statement best describes the standard used to identify sexual harassment under Title IX?

• A. Harassment that is minor and isolated
• B. Any rumor that is unverified
• C. A single instance of loud noise in a classroom
• D. Unwelcome sexual conduct that is severe, pervasive, or quid pro quo, or creates a hostile environment that affects education access

Answer: (D)

Under Title IX, harassment is defined by unwelcome conduct of a sexual nature that is either severe, pervasive, or quid pro quo, and that creates a hostile environment or otherwise affects a student’s access to education. This means an act can be single but extremely serious (severe), or it can be repeated or widespread (pervasive), or involve a coercive exchange for something in return (quid pro quo). The key element is that the behavior is unwelcome and it disrupts learning or access to educational opportunities. So the statement that describes unwelcome sexual conduct with those characteristics and notes that it can affect education access best captures the standard. The other options describe incidents that are too minor, isolated, or unrelated to sexual harassment in an educational context.