Student Handbook: Standards & Policies- Harassment, Bullying, and/or Stalking
James Madison University
A hostile environment may be created by unwelcome or offensive oral, written, graphic or physical conduct that is sufficiently severe, persistent, or pervasive and objectively offensive in a manner that it interferes with, limits or denies the person the ability to participate in or benefit from the institution’s educational programs, services, opportunities, or activities or the individual's employment access, benefits or opportunities. Mere subjective offensiveness is not enough to create a hostile environment. In determining whether conduct is severe, persistent, or pervasive, and objectively offensive, and thus creates a hostile environment, the following factors will be considered: (a) the degree to which the conduct affected one or more individuals' education or employment; (b) the nature, scope, frequency, duration, and location of the incident(s); (c) the identity, number, and relationships of persons involved; (d) the perspective of a “reasonable person” in the same situation as the person subjected to the conduct, and (e) the nature of higher education.