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Relevant Excerpt

(B) Harassment: Verbal or physical conduct that is directed at an individual or group because of their race, color, sex, pregnancy, gender identity, sexual orientation, gender expression, religion, age, national origin, ethnicity, veteran status, disability, genetic information, military status, or any other legally protected basis. This conduct must be sufficiently severe or pervasive so as to have the purpose or effect of interfering with the impacted individual’s academic or work performance.

Constitutionally protected speech or expression is not considered Harassment under this Policy . Harassment that is not based on the protected characteristics set out here is governed by Chapter 13 of the Institutional Rules (See Section 13-204). Sexual harassment is governed by HOP 3-3031.

When examining whether behavior was sufficiently severe or pervasive or materially adverse, DIA will look to how an objectively reasonable person would have experienced or viewed the behavior.