In determining whether student conduct violates these provisions, all relevant facts and circumstances shall be considered. Care must be exercised in order to preserve freedoms of speech and expression, as articulated in current legal standards.
a. No student shall threaten, coerce, harass, bully or intimidate another person or identifiable group of persons, in a manner that is unlawful or in violation of a constitutionally valid university policy, while on university premises or at university-sponsored activities based in whole or in part upon any of the protected statuses included in Section 103 of The Code. Statuses include race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, or veteran status.
b. No student shall engage in unlawful harassment leading to a hostile environment. Unlawful harassment includes conduct that creates a hostile environment by meeting the following criteria:
i. Directed toward a particular person or persons;
ii. Based in whole or in part upon any of the protected statuses included in Section 103 of The Code of the Board of Governors of The University of North Carolina;
iv. Is so severe or pervasive and;
v. Objectively offensive to create an intimidating, hostile or offensive working, learning or living environment; and
vi. So unreasonably interferes with the target person’s employment, academic pursuits, or participation in university-sponsored activities as to effectively deny equal access to the university’s resources and opportunities.
c. Conducts themselves in a manner which may be in violation of any part of the UNCW Unlawful Discrimination, Harassment, and Sexual Misconduct Policy (see University Policy 02.205).