REG 11.30.01: Student Code of Conduct Regulation

Category: Harassment Policies School: University of North Carolina – Pembroke Statement Rating: Green Last updated: August 30, 2017

Relevant excerpt

14. HARASSMENT, BULLYING, OR INTIMIDATION

14.1 No student shall threaten, coerce, harass 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 the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, or veteran status.

14.2 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: It is: (1) Directed toward a particular person or persons; (2) Based in whole or in part upon the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, or veteran status; (3) Unwelcome; (4) Severe or pervasive; (5) Objectively offensive; and (6) 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.

14.2.1 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.

14.3 Harassment – Sexual: unwelcome verbal, nonverbal, online, graphic, or physical aggression, intimidation, or hostile conduct based on person’s Protected Status, when such conduct is sufficiently severe, persistent, or pervasive that it interferes with or limits a person’s ability to participate in or benefit from the university’s education or work programs or activities. Sexual Harassment may be subject to discipline when it takes the form of: 1) hostile environment; 2) quid pro quo harassment; and/or 3) retaliatory harassment.

14.4 Harassment – Hostile Environment: unwelcome conduct based on protected status that is so severe, persistent, or pervasive and objectively offensive that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the school’s educational, social, and/or residential programs, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, does not amount to Hostile Environment Harassment.

20. OFFENSIVE OR DISRUPTIVE SPEECH/CONDUCT

20.1 Engaging in objectively offensive or disruptive speech or conduct directed toward a member of or visitor to the university community, if such language or conduct is obscene or so severe and pervasive as to constitute legally prohibited harassment in that it effectively prevents an individual from obtaining an education or creates an objectively hostile educational work environment.

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