Analysis:
Was the behavior unwelcome?
Yes, the two women find the man’s behavior “creepy”. Their discomfort makes it clear the conduct is not welcome.
Was it sexual in nature or based on gender?
Yes, if he is staring at the women for a sexual reason or because they are women.
Was it explicitly or implicitly a condition of, or basis for, employment or
academic decisions? (Was it a quid pro quo situation?)
No.
... More
Making school or work decisions based on whether someone accepts or rejects sexual advances is known as quid pro quo sexual harassment. Such harassment occurs when someone misuses the authority of their position, such as a supervisor, or teacher, for sex or a relationship.
Did it have the purpose or effect of unreasonably interfering with work or academic performance, or create a hostile, intimidating or offensive environment?
No, the behavior does not appear to affect academic or work performance and is not severe or pervasive.
... More
It could create a hostile environment for the women if it continues and interferes with their use of the recreation center. The man has the right to use the recreation center but not if his actions, intentionally or not, make the environment hostile for other users.
Was the behavior severe or pervasive?
Conduct can be harassment whether you intend it to be or not.
... More
The conduct must be severe or pervasive enough that a reasonable person would feel that the environment was hostile, intimidating or offensive. The two incidents of the man staring are not severe enough to be sexual harassment. (The more such conduct continues the more likely it would be sexual harassment.)
