(a) speech or other expression (words, pictures, symbols) that constitutes fighting words and is sufficiently severe, pervasive, or persistent so as to interfere, limit, or deny one’s ability to participate in or benefit from an educational program. Fighting words may include, but are not limited to, words, pictures or symbols that:
i. are directed to an individual or individuals based on that person’s race, color, sex, religion, creed, age, sexual orientation, gender, gender identity, disability, veteran status or national origin, and
ii. threaten violence, tend to incite an immediate breach of the peace or provoke a violent response.
In the context of this policy, fighting words are those which are commonly understood to convey direct and visceral hated or contempt for human beings. When determining whether speech is such as would provoke a violent response or incite an immediate breach of the peace, it is not necessary to show that that the person(s) addressed by the speech was or were actually incited to violence or hostile action. Conduct will be evaluated on a case-by-case basis, considering all circumstances involved.
(b) following, placing under surveillance, or contacting (in person, by phone, electronically, or by any other means) another person without his or her permission for the purpose of harassing or intimidating that person. Harassing or intimidating means a knowing and willful course of conduct that serves no legitimate purpose and causes emotional distress by placing another person in reasonable fear for the safety of him/herself or others.