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Alleged perpetrator means a person alleged to have committed an act of sexual harassment

Complainant means a person who lodges a complaint under this policy against whom an act or acts of sexual harassment have allegedly been perpetrated.

Confidentiality means ensuring that information pertaining to the allegation is accessible only to those authorized to do so.

Discrimination means any distinction, exclusion or restriction on the basis of sex, gender and sexual orientation which has the purpose or effect of impairing or nullifying the recognition, enjoyment, or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

Informal advisory committee means a subcommittee of the sexual harassment committee (SHC), constituted by the chairperson of the SHC to advise on a complaint received by a sexual harassment advisor.

Non-workplace sexual harassment means sexual harassment occurring during work-related functions outside of the normal work environment and/or normal working hours, e.g. Conferences, training sessions, social functions, etc.

Same-sex harassment means harassment where the alleged perpetrator and the victim are of the same gender.

Sexual harassment advisors (SHA) means specific trained persons within the Nelson Mandela University to whom staff and students may report incidents of alleged sexual harassment

Sexual harassment means the unwelcome or unwanted conduct of an implicit or explicit sexual nature by an individual or group. It is conduct that the complainant reasonably experiences as offensive and distressing and which leads to the emotional, physical and social discomfort of the complainant, or interferes with the complainant’s work or academic performance, or creates an intimidating, hostile or defensive working, educational or social environment. It may take the form of special victimization, quid pro quo harassment and the creation of a hostile environment.

Special victimization involves any form of victimization, discrimination or intimidation of a person for failing to submit to sexual advances.

Quid pro quo harassment involves the alleged perpetrator influencing or attempting to influence a person’s employment circumstances (training, organizational or funding opportunities, grading or evaluation), or admission of a student to the Nelson Mandela University or Nelson Mandela University residences, or access to funding opportunities, by coercing or attempting to coerce that person to engage in sexual activities.

Creation of a hostile environment occurs where the purpose or effect is to interfere with another’s performance at work or in study.

Third parties mean any agents who provide a service to the Nelson Mandela University.

Unwelcome sexual conduct included physical, verbal and non-verbal conduct of a sexual nature that is perceived by the complainant as demeaning, compromising, embarrassing, threatening and/or offensive. Such conduct may be direct or indirect and may include technological devices, images and weapons. A single incident of unwelcome sexual conduct can constitute sexual harassment.

Unwelcome physical conduct ranges from touching to sexual assault and rape.

Unwelcome verbal conduct includes innuendos, suggestions or hints of a sexual nature, sexual advances, sexual threats, comments with sexual overtones, sex-related jokes or insults, graphic comments about a person’s physique, inappropriate enquiries about the person’s sex life, wolf-whistle, and sending sexually explicit text/graphics via electronic means or otherwise.

Unwelcome non-verbal conduct includes gestures, indecent exposure and the display or sending of sexually explicit pictures or objects via electronic or other means.

University / Nelson Mandela University Community refers to all staff, students, job applicants and third parties having dealings with the University.