What is EP 1.204?

Sex Discrimination, including sexual harassment, sexual assault, sexual exploitation, domestic and dating violence, and stalking is a violation of the University of Hawai‘i’s policy on sex discrimination and gender-based violence, EP 1.204. EP 1.204 is intended to define expectations for appropriate conduct and outline resolution processes to address conduct that does not meet these expectations.

EP 1.204 was updated in January 2020 — What’s new?

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.

A summary of the most impactful changes are as follows:

• The policy has been adopted as a permanent policy and is no longer considered an interim policy
• The definition of “Responsible Employees” has been expanded to include faculty members to be consistent with HRS § 304A-120(b)
• A specific timeframe (three days) has been established within which Responsible Employees are required to share with the Title IX Coordinator all relevant known details about alleged prohibited behavior
• “Persistent” has been added to the definition of types of conduct constituting sexual harassment
• The policy clearly outlines the circumstances in which discipline against the Responding Party may be disclosed to the Reporting Party
• Sections have been added that define:
  • The Community College System Office of Compliance & Title IX’s role,
  • The Employee Assistance Program,
  • The Reporting Party in a University-initiated investigation,
  • A University-Initiated Investigation,
  • Timely reporting recommendations (180 days), although the University maintains no statute of limitations for violations or any formal deadline for reporting, and
  • When a dismissal of report during investigation may be warranted and party rights to appeal such a dismissal
• The policy establishes a deadline of thirty calendar days after receipt of the Fact-Finding Report, before which a Decision Maker must make determinations and draft an Outcome Report

Which version of EP 1.204 governs reports made during or after January 2020?

For reports that come in after the new policy is effective (i.e., January 13, 2020 or later) alleging prohibited conduct that occurred prior to January 13, 2020, the University will follow the new procedures but utilize policy definitions from the Interim EP 1.204 (eff. Sept. 2015, superseded January 2020).

For reports that come in January 13, 2020 or later alleging prohibited conduct that occurred January 13, 2020 or later, both the new EP 1.204 procedures and policy definitions apply.

Essentially, the policy that was effective at the time that the alleged prohibited conduct occurred will govern which policy definitions are utilized. Procedures outlined in the January 2020 version of EP 1.204 will govern regardless of when conduct occurred and which policy definitions are used.

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 Hawai’i law.

Who’s Protected

All members of the campus community, guests and visitors are protected by EP 1.204 regardless of their sexual orientation or gender identity. The University has 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 and sexual misconduct. All members of the community must conduct themselves in a way that does not infringe upon the rights of others.

Sanctions

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 college’s website.