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Relevant Excerpt

Harassment: Prohibited harassment is unwelcome verbal, physical, written, or visual conduct or conduct using technology based on an actual or perceived protected characteristic that when based on the totality of circumstances is subjectively and objectively offensive and so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the education program or activity or has the purpose or effect of creating an academic or working environment that a reasonable person would consider to be intimidating, hostile, or offensive.

In determining whether the conduct is sufficiently severe or pervasive so as to meet the above standards, NU-OCR examines the context, nature, scope, frequency, duration, and location of incidents, as well as the relationships of the persons involved. A person's subjective belief that behavior is intimidating, hostile, or offensive does not make that behavior prohibited harassment under this Policy. The behavior must create a hostile environment and/or substantially interfere with access to a University program or activity from an objective perspective.

Examples of harassing conduct that may create a hostile environment include:

• Verbal abuse or use of racist, anti-Semitic, or anti-Arab slurs or hostile behavior, which could include insulting, teasing, mocking, degrading, or ridiculing another person or group regardless of whether the person is actually a member of the group;
• Defacing an individual’s property with hateful symbols, such as a swastika or noose;
• Inappropriate physical contact, comments, questions, advances, jokes, epithets, or demands based on one or more actual or perceived protected characteristics;
• Physical assault, intimidation, or stalking on the basis of one or more actual or perceived protected characteristics; or
• Displays or electronic transmission of derogatory, demeaning, or hostile materials related to one or more actual or perceived protected characteristics