; (6) the term sexual assault offense means a criminal offense under Federal law or the law of a State that includes as an element of the offense that the defendant engaged in a nonconsensual sexual act upon another person; (7) the term sustained complaint involving sexual assault means an administrative or judicial determination that an employer engaged in an unlawful employment practice under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) which included, as part of the course of conduct constituting the unlawful employment practice, that an employee of the employer engaged in a nonconsensual sexual act upon another person; and (8) the term sustained complaint involving sexual misconduct , with respect to an employee, means an administrative or judicial determination that the employee engaged in conduct that involved unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature, if— (A) (i) submission to the conduct by a person was explicitly a term or condition of the person’s job, pay, or career advancement prospects; (ii) submission to or rejection of the conduct by a person was represented to have an impact on the person’s job, pay, or career advancement prospects; or (iii) the conduct had the purpose or effect of creating an intimidating, hostile, or offensive working environment