II. OBJECTIVE

The purpose of Executive Policy E1.203 is to define the elements of sexual harassment, establish general guidelines for developing complaint procedures, and discuss the difference between sexual harassment and consensual relationships. Chancellors and Vice Presidents may establish specific procedures for handling complaints of discriminatory harassment, including sexual harassment; or they may use the existing discrimination complaint procedures contained in UH Systemwide Administrative Procedure A9.920. Chancellors and Vice Presidents are charged with the responsibility and authority to implement Executive Policy E1.203.

III. DEFINITIONS AND EXAMPLES

Sexual harassment can take many forms. Although sexual harassment often involves an abuse of authority or power, it can also occur between peers. For example, it can occur between students or coworkers. It is also possible for a student to harass a faculty member or employee. In addition, sexual harassment can involve persons of the same or opposite sex, and both men and women can be targets and/or perpetrators of sexual harassment.

There are two kinds of sexual harassment: quid pro quo and hostile environment.

1. Quid pro quo sexual harassment is defined as sexual advances, requests for sexual favors, and/or verbal or physical conduct of a sexual nature when submission to such conduct is either explicitly or implicitly
   
   
   1. a condition for advancement;
   2. a factor in performance evaluation;
   3. a condition for participation in University activities; or
   4. a condition for receiving any other benefit given by the University.
      
      
   Quid pro quo sexual harassment involves abuse of authority. Some examples include
   
   
   1. implied or direct promises of academic or work benefits, such as high grades, promotions, or letters of recommendation, in return for sexual favors;
   2. implied or direct threats of adverse decisions or evaluations, such as low grades, negative evaluations, or failure to hire or promote, should conduct of a sexual nature be rejected;
   3. adverse decisions or evaluations, such as negative evaluations, failure to hire or promote, low grades, or negative references, because conduct of a sexual nature has been rejected.
      
      
2. Hostile environment sexual harassment is defined as sexual advances, requests for sexual favors, and/or verbal or physical conduct of a sexual nature, when such conduct is unwelcome to the person to whom it is directed or to others directly aware of it, and when such conduct is
   
   
   1. intimidating, threatening or offensive; and
   2. sufficiently severe, persistent, and pervasive enough to interfere with an employee's work environment or student's education.
      
      
   The conduct must be both objectively and subjectively perceived as offensive. That is, the reporting party must view the conduct as offensive, and a reasonable person with the same fundamental characteristics as the reporting party (e.g., age, race, gender) must also view the conduct as offensive.
   
   Examples of behaviors that could constitute hostile environment sexual harassment include but are not limited to
   
   
   • unnecessary and unwanted touching, patting, hugging, or brushing against a person's clothing or body;
   • remarks of a sexual nature about a person's clothing or body;
   • remarks about sexual activity or speculations about previous sexual experience;
   • pressure for sexual activity, an element of which may be nonverbal conduct, such as repeated and unwanted staring or sexually suggestive gestures;
   • display or distribution of sexually offensive literature, images, cartoons, or other audio-visual materials; or
   • gratuitous introduction into instruction, discussion, or conversation of material of a sexual nature, such as sexually explicit anecdotes, questions, or jokes.
     

This policy shall not limit the scholarly, educational, and/or artistic content of any written, oral, or other kind of presentation or inquiry that falls within justifiable academic standards covering course content and pedagogy. The University of Hawai`i is committed to academic freedom for all members of the academic community. Accordingly, academic freedom will be liberally construed but will not be used as a pretext for violation of this policy. When appropriate, faculty are advised to inform students that content and teaching strategies properly employed in higher education may be controversial and/or discomforting to some individuals.

Proceed to Section IV - Policy on Retaliation

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