{"id":353,"date":"2021-12-10T11:41:39","date_gmt":"2021-12-10T17:41:39","guid":{"rendered":"https:\/\/uwm.edu\/freespeech\/?post_type=faqs&p=353"},"modified":"2022-03-13T22:30:58","modified_gmt":"2022-03-14T03:30:58","slug":"what-constitutes-harassment","status":"publish","type":"faqs","link":"https:\/\/uwm.edu\/freespeech\/faqs\/what-constitutes-harassment\/","title":{"rendered":"What constitutes harassment?"},"content":{"rendered":"

Discriminatory harassment is not protected by the First Amendment. As explained by the University of Wisconsin Board of Regents policy document on\u00a0Discrimination, Harassment, and Retaliation<\/a>, discriminatory harassment is \u201cunwelcome verbal, written, graphic or physical conduct that: is directed at an individual or group of individuals on the basis of the individual or group of individuals\u2019 actual or perceived protected status \u2026 and is sufficiently severe or pervasive so as to interfere with an individual\u2019s employment, education or academic environment or participation in institution programs or activities and creates a working, learning or living environment that a reasonable person would find intimidating, offensive or hostile.\u201d This includes harassment \u201con the basis of race, color, creed, religion, age, sex, sexual orientation, gender identity or expression, national origin, ancestry, disability, pregnancy, marital or parental status or any other category protected by law, including physical condition or developmental disability.\u201d<\/p>\n

Discriminatory harassment, like incitement, is a narrowly drawn category of unprotected speech. It typically requires repeated activity, as one incident involving speech without conduct is unlikely to constitute discriminatory harassment. As\u00a0explained by the United States Department of Education<\/a>, discriminatory harassment \u201cmust include something beyond the mere expression of views, words, symbols or thoughts that some person finds offensive.\u201d<\/p>\n

Discriminatory harassment is defined in 51ÁÔÆæ policy as:<\/p>\n