4.2.2 Hostile Environment Harassment occurs when unwelcome conduct based upon a Protected Status is sufficiently severe or pervasive to:
- deny or limit a student’s ability to participate in or benefit from NC State’s programs or activities; or
- create an intimidating, threatening, or abusive educational environment.
4.2.3 A Hostile Environment is determined by looking at whether the conduct is objectively offensive (i.e., a reasonable person would find it to be) and subjectively offensive (i.e., the person who is the object of the unwelcome conduct finds it to be).
4.2.4 All relevant circumstances are examined as part of this determination, including but not limited to, the type of Harassment (e.g. whether verbal, physical, electronic); the frequency of the conduct, the severity of the conduct, the Protected Status and relationship of the individuals involved, whether the conduct was physically threatening or humiliating, whether the conduct unreasonably interfered with work performance (for employees) or academic performance (for students). When sufficiently severe, a single instance of unwelcome conduct (including sexual assault) may constitute Hostile Environment Harassment.