South Dakota Board of Regents Policy Manual: Student Conduct Code 13-14

Category: Harassment Policies School: University of South Dakota Statement Rating: Green

Relevant excerpt

Harassment may be established by showing:
i. Conduct toward another person that has the purpose or the effect of creating an objectively and subjectively intimidating, hostile or demeaning environment that substantially interferes with his or her ability to participate in or to realize the intended benefits of an institutional activity, employment or resource.
a) Harassment consists, in most cases, of more than casual or isolated incidents.
(1) Consideration should be given to the context, nature, scope, frequency, duration, and location of the incidents, whether they are physically threatening or humiliating as opposed to merely offensive utterances, as well as to the identity, number, and relationships of the persons involved.
b) Harassment shall be found where, in aggregate, the incidents are sufficiently pervasive or persistent or severe that a reasonable person with the same characteristics of the victim of the harassing conduct would be adversely affected to a degree that interferes with his or her ability to participate in or to realize the intended benefits of an institutional activity, employment or resource.
(1) The reasonable person standard includes consideration of the perspective of persons of the alleged victim’s race, gender, or other circumstances that relate to the purpose for which he or she has become the object of allegedly harassing conduct.
a) If the victim does not subjectively perceive the environment to be hostile, the conduct has not actually altered the conditions of participation and there shall be no violation of this policy.
(2) It is not necessary to show psychological harm to the victim to establish that the conduct would interfere with the person’s ability to participate in or to realize the intended benefits of an institutional activity, employment, or resource.

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