Conduct is unwelcome if an individual (1) did not request or invite it and (2) regarded the unrequested or uninvited conduct as undesirable or offensive.
Whether conduct is unwelcome is determined based on the totality of the circumstances, including various objective and subjective factors. The following are important points regarding unwelcome conduct:
- The absence of a “no” does not by itself mean “yes.”
- Welcomeness cannot be inferred from clothing.
- Welcomeness cannot be inferred from gender, race, or sexual identity.
- An individual may stop welcoming sexual contact at any time.
- An individual may welcome sexual acts on one occasion but not on a later occasion.
- An individual may welcome particular sexual acts but not others.
- A dating, marital, and/or sexual relationship does not mean that sexual activity is welcome at any time.