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

Category: Harassment Policies, Statement 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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