IV. POLICY ON RETALIATION

The University of Hawai`i System prohibits and will not tolerate retaliation, which is defined as adverse treatment or hostile action, against any individual who has engaged in any of the following activities

• reported sexual harassment;
• sought advice or assistance about sexual harassment;
• participated in any manner in a sexual harassment complaint resolution process under this administrative procedure; or
• opposed sexual harassment in any manner because the individual participated in the protected activity.

Adverse treatment or hostile action may include, for example, unfair evaluation, unfair assignment, direct or implied threats, coercion, or encouragement of others to retaliate.

Retaliation is a separate complaint and will be investigated accordingly.

The right of individuals to use lawful means to defend themselves against charges of sexual harassment is not abridged by this policy. Such a right and the prohibition against retaliation are not mutually exclusive.

V. PROCEDURAL GUIDELINES ON SEXUAL HARASSMENT

Chancellors and Vice Presidents are directed to refer to the most current policy guidance on sexual or discriminatory harassment issued by the U. S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Education, Office for Civil Rights (OCR). These policies can be obtained from the EEO/AA coordinators on each campus.

1. Program. To carry out the University's commitment, Chancellors and Vice Presidents are hereby charged with the responsibility and authority to develop a program to implement this policy on sexual harassment. Preventive and corrective action shall include
   
   
   1. development and implementation of educational programs to prevent harassment;
   2. wide dissemination of the University's policy prohibiting sexual harassment, including a documented receipt of a copy of the University's policy against sexual harassment by each new employee;
   3. implementation of procedures for responding to complaints of sexual harassment established by each Chancellor and approved by the University Executive Council;
   4. implementation of appropriate remedies; and
   5. imposition of appropriate corrective actions.
      
      
2. Complaint Procedures. Complaint procedures must comply with the principles of due process. The procedures shall also comply with the guidelines in UH Systemwide Administrative Procedure A9.920, Discrimination Complaint Procedures for Employees, Students, and Applicants for Employment or Admission. These guidelines include, but are not limited to, the following requirements:
   
   
   1. appointment of complaint intake officers for each campus whose names, phone numbers, and office locations are well-publicized;
   2. informal as well as formal procedures;
   3. appointment of impartial investigators;
   4. description of each step in the process;
   5. time frames for processing complaints and rendering decisions;
   6. notification of findings to both parties;
   7. specification of administrators who have authority and responsibility to effect remedies and disciplinary actions;
   8. an appeals process;
   9. provisions for confidentiality and appropriate disclosure; and
   10. the statement of non-retaliation policy in Section IV.
       
       
3. Remedies. The University of Hawai`i strives for an environment in which the dignity of all members of the institutional community is respected. Therefore, the University will implement remedies for persons whose rights have been violated by sexual harassment.
   
   Remedies shall be reasonably devised to correct the harmful effects caused by sexual harassment. Remedies for employees may include, for example, letters of apology, back pay, and reinstatement. Remedies for students may include, for example, letters of apology, review of grades, and tuition refunds.
   
   
4. Corrective Actions. For students and excluded employees, the University will impose disciplinary actions against any individual found to have violated this policy. Disciplinary actions shall be reasonably calculated to
   
   
   1. be commensurate with the seriousness of the offense;
   2. stop the harassment;
   3. ensure the harassment will not recur; and
   4. assure a workplace and educational environment free from sexual harassment.
      
      
   For included employees, the responsible administrator will follow the collective bargaining agreement provisions related to disciplinary actions.
   
   To maintain consistency, Chancellors and Vice Presidents will consult with the systemwide Office of Human Resources prior to imposing employee disciplinary actions. Disciplinary actions against students should be consistent with each institution's student conduct code.
   
   
5. Monitoring. In accordance with UH Systemwide Administrative Procedure A9.910, Reporting Procedure for Employment Discrimination Complaints, each Chancellor or designee shall submit an annual summary report of sexual harassment complaints to the Office of the President. In addition, the Office of the President may periodically request reports from or conduct audits of the efforts of Chancellors and Vice Presidents to prevent and correct sexual harassment.
   
   Annual reports, with personally identifying references removed, shall be widely distributed to all members of the University community by the Office of the President. These reports shall describe the facts and disposition of all cases investigated and any remedies and disciplinary actions applied.

Proceed to Section VI - Consensual Relationships

Return to Gender Equity (Main Page)