"Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:
(a) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual's employment, academic status, or progress.
(b) Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
(c) The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
(d) Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.
(Amended by Stats. 1998, Ch. 914, Sec. 12.)