FAQs related to EP 1.204 & AP 1.204, EP 1.202 & AP 1.202
What is EP 1.204?
Sexual harassment, sexual assault, sexual exploitation, domestic and dating violence, and stalking are a violation of the University of Hawai‘i’s policy on Title IX Sexual Harassment, Executive Policy (EP) 1.204. In conjunction with Administrative Process (AP) 1.204 and Administrative Process (AP) 1.202, EP 1.204 is intended to define expectations for appropriate conduct and outline resolution processes to address conduct that does not meet these expectations.
What is EP 1.202?
Historically, EP 1.202 was commonly thought of as the “civil rights” policy that prohibits discrimination based on protected categories as defined under state law (e.g., Hawaii Revised Statutes, Chapter 378) and federal law (e.g., Title VII). Protected categories under these laws include, for example, race, age, religion, veteran status, etc., and currently includes the categories of sex, gender identity and expression, and sexual orientation.
How is EP 1.204 different from EP 1.202 if they both address protected categories under state and federal law?
There is some overlap between prohibition of sexual harassment and related offenses under EP 1.202 and EP 1.204. As part of the University’s review of EP 1.202, the University made a judgment call to place sex and gender-based misconduct solely under EP 1.204 (please see the second paragraph under “Sec. I – Purpose” of the Revised EP 1.202).
As a result, the revised EP 1.202 (2023), to be entitled “Nondiscrimination, Equal Opportunity, & Affirmative Action Policy,” will address all other protected categories, other than sex and gender-based categories.
In turn, the revised EP 1.204 (2023) includes all sex and gender discrimination and harassment. This includes: 1) behavior prohibited under the August 2020 promulgated Title IX regulations (known as “Title IX Sexual Harassment”); 2) all sex and gender-based discrimination that was previously included in EP 1.202 and under the previous EP 1.204 (January 2020 version), such as sexual exploitation and non-gendered stalking.
These two EPs (EP 1.202 and EP 1.204), are intended to work in harmony.
EP 1.204 was updated in February 2023 – What’s new?
The interim policy EP 1.204 was very narrow and only included “Title IX Sexual Harassment” prohibited conduct, in accordance with the August 2020 changes to the Title IX Regulations at the federal level. The now-current EP 1.204 (2023) has been revised to also include all sex discrimination and gender-based harassment, in alignment with the previous version of EP 1.204 (2020). All cases alleging “Title IX Sexual Harassment” prohibited conduct will follow the procedures outlined in AP 1.204, while all cases involving other prohibited conduct under EP 1.204 will follow procedures outlined in AP 1.202.
The changes in EP 1.204, EP 1.202, AP 1.202, and AP 1.204 taken together, reflect a desire to improve consistency under a Systemwide Civil Rights framework while also acknowledging unique considerations for EP 1.204 due to federal changes that were previously enacted as part of the August 2020 Title IX rulemaking process. Much of the content in these policies and procedures is similar to existing and previous policies and procedures.
What changed when EP 1.204 was updated in January 2020?
The policy was revised pursuant to the Voluntary Resolution Agreement between UH Mānoa and the U.S. Department of Education, Office for Civil Rights, in which the University agreed to revise its policies and procedures to address 18 items for consistency with Title IX requirements, and to be consistent with the language provided in Act 208, Session Laws of Hawaiʻi 2016, which amended Hawaiʻi Revised Statutes (HRS) Section 304A-120.
Which version of EP 1.204 governs reports made during or after February 2023?
In accordance with standard practice for policy and procedure updates, the effective date determines when that policy or procedure governs.
In general, a policy governs for all applicable alleged conduct that occurs after the effective date of the policy.
In general, a procedure takes effect immediately and governs for all new cases where the procedure applies. Cases that are in mid-process as of the date these revised policies and procedures are effective should continue under the former procedure (e.g., A9.920, which was superseded by AP 1.202 (2023)).
Related to this, UH OEA and the UHCC Compliance & Title IX Office are available to assist if any of the end users for EP 1.202, EP 1.204, and/or AP 1.202 have questions or if any existing templates need to be modified to reflect changes moving forward.
Intersection with the Law
A number of federal laws and regulations, including Title IX, the Violence Against Women Act, and the Clery Act mandate how institutions respond to such allegations. Many types of sex discrimination also constitute violations of Hawaiʻi law.
All members of the campus community, guests, and visitors are protected by EP 1.204 regardless of their sex, sexual orientation, or gender identity. The University maintains jurisdiction over all acts of sexual misconduct involving members of the campus community, no matter where they occur, whether on- or off-campus.
Your Rights & Responsibilities
Members of the campus community, guests, and visitors have a right to be free from sex discrimination, sexual misconduct, and gender-based harassment. All members of the community must conduct themselves in a way that does not infringe upon the rights of others.
When individuals are found to be in violation of the policy, the University will impose serious sanctions. Additional information about campus crime, state laws, and disclosures related to sexual misconduct can be found in your campus Annual Security Report, posted on your campus’s website.