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Relevant Excerpt

Harassment is any unwelcome conduct (including, but not limited to: verbal assault or abuse, graphic or written statements, use of technology, physical assault) that may be threatening, harmful, or humiliating and is subjectively and objectively offensive. To constitute harassment, the unwelcome behavior or communication, when considered in the totality of the circumstances, is so severe or pervasive that it has the purpose or effect of:

• creating an intimidating, hostile, or demeaning educational, living, or work environment, or
• denying or limiting a person’s work performance or a student’s ability to participate in or benefit from an educational program or activity.

Harassment is distinguished from behavior that, even though unpleasant or disconcerting, is appropriate to the carrying out of certain instructional, advisory, or supervisory responsibilities.