E. Display visual materials, alter visual materials displayed by others, utilize electronic means, or make statements if
1. such displays, alterations, or statements are commonly considered by persons of a particular race, ethnicity, sex, or sexual orientation, to be demeaning to members of that group, AND
2. the person making the display, alteration, or statement had previously been asked to not engage in such conduct or conduct of substantially the same kind, AND
3. the display, alteration, or statement EITHER
(a) seriously interferes with the work or learning of an employee(s) or student(s) OR
(b) makes the work or learning environment hostile, intimidating, or demeaning to persons of a particular race, ethnicity, sex, or sexual orientation AND
4. the electronic message (computer, e-mail, facsimile, or voice mail) conveys sexual messages and/or sexually suggestive messages, or demeans an individual or group because of race, ethnicity, religion, sexual orientation, or gender.