Summary of Relevant UH Policy
UH System-wide Policies and Procedures
UH System-wide Policies and Procedures Information System (PPIS) is the repository for Policies and Procedures for the University of Hawaii and related information.
EP 1.204 Policy on Title IX Sexual Harassment
EP 1.204, the University’s Policy and Procedure on Sexual Harassment and Gender-Based Violence was revised to be the University’s Executive Policy on Title IX Sexual Harassment. EP 1.204 was revised in 2023 to apply to both 1) “Title IX Sexual Harassment”: sexual harassment under Title IX of the Education Amendments Act of 1972 as implemented and defined by the relevant sections of 34 C.F.R. Part 106, and 2) all other forms of sex discrimination and gender-based violence.
Title IX Sexual Harassment that occurs on or after the Effective Date will be processed under AP 1.204. All other conduct prohibited under EP 1.204 will be processed under AP 1.202 (previously AP 9.920).
AP 1.204 Title IX Sexual Harassment Grievance Procedures
AP 1.204 is University’s new administrative procedure and provides a grievance process for the University for formal complaints of “Title IX Sexual Harassment” as defined in 34 C.F.R. Part 106 and Executive Policy (EP) 1.204. As required by 34 C.F.R. Part 106, this grievance process is “designed to impartially evaluate all relevant evidence so that determinations regarding responsibility are accurate and reliable, ensuring that victims of sexual harassment receive justice in the form of remedies.”
Allegations of prohibited conduct that fall under EP 1.204 but are not allegations that fall within the definition of Title IX Sexual Harassment will follow the procedures outlined in AP 1.202, detailed below.
AP 1.202 Discrimination Complaint Procedure for Students, Employees, and Applicants for Admission or Employment
Previously AP 9.920, the purpose of AP 1.202 is:
- To comply with complaint procedure requirements under various federal and state nondiscrimination statutes, rules, and regulations1 and to carry out University policies, including but not limited to, Executive Policy EP 1.202, Nondiscrimination, Equal Opportunity, and Affirmative Action Policy; EP 1.204, Sex and Gender Based Misconduct Policy; and UH Board of Regents Policy RP 1.205, Policy on Nondiscrimination and Affirmative Action (together, the “Policies”).
- To provide a fair, objective, equitable, timely, and effective means of addressing and resolving discrimination complaints. By ensuring due process in the investigation and resolution of complaints, it is hoped that a spirit of openness, fairness, and civility will govern relations among members of the University community.
The University, in accordance with EP 1.202 and EP 1.204, is committed to a policy of nondiscrimination on the bases of race, sex, gender identity and expression, age, religion, color, national origin, ancestry, citizenship, disability, genetic information, marital status, pregnancy (including childbirth, pregnancy related medical conditions, and lactation/breastfeeding), arrest and court record (except as permissible under State law), sexual orientation, national guard participation, status as a protected veteran or other military status, status as a domestic or sexual violence victim, or any other protected category under federal or state laws, regulations, and/or executive orders, in all of its programs, policies, procedures and practices. This procedure also covers complaints regarding sexual misconduct that do not meet the definition of Title IX Sexual Harassment. This procedure may also be used to investigate complaints regarding allegations of other University policies, as applicable.
EP 1.202 University Statement of Nondiscrimination and Affirmative Action
The University of Hawai‘i Policy on Nondiscrimination and Affirmative Action provides the overarching framework to implement the University of Hawai‘i Board of Regents Policy RP 1.205 on Nondiscrimination and Affirmative Action. This Executive Policy also provides the administrative framework to ensure compliance with applicable federal and state statutes, rules and regulations, and provisions in the collective bargaining agreements regarding nondiscrimination, equal opportunity, and affirmative action, as applicable. This includes compliance with federal contractor affirmative action mandates pursuant to Executive Order 11246 and implementing regulations for protected veterans and individuals with disabilities.
This policy does not cover general harassment that is not based on a protected category. For allegations involving Workplace Violence, please refer to EP 9.210 or contact your respective campus designee.
This Policy governs the conduct of all University students, employees, and third parties.
EP 1.203 Consensual Relationships
The University of Hawai‘i is committed to ensuring a safe, civil, learning and working environment in which the dignity of every individual is recognized and respected. Within an academic environment, the issue of consensual relations within the working and/or learning environment deserves special attention. When such a relationship involves individuals with a power and/or control differential, it is of special concern because of the potential for conflict of interest, appearance of such conflicts, and/or abuse of power. All education and employment decisions shall be made free from bias or favoritism. Therefore, per EP 1.203 the University of Hawai’i Policy on Consensual Relationships, the University prohibits initiating or engaging in a new consensual relationship between employees and between employees and students wherein a power and control differential exists, including but not limited to situations in which one member has an evaluative and/or supervisory responsibility for the other.
EP 2.210 Use and Management of Information Technology Resources
EP 2.210 Use and Management of Information Technology Resourcescreates the basis for such an environment by outlining the philosophy and general principles for appropriate use and management of information technology resources by University faculty, staff and students. It applies to all computing, information and network systems and services owned or administered by the University of Hawai‘i, as well as to individual activities that take place over the Internet or other external network connections using University systems, connections or user accounts
The same legal and policy standards that define intimidation, harassment or invasion of privacy apply to the electronic environment. For example, persistence in sending unwanted email constitutes harassment and is unacceptable if not illegal. Display of sexually explicit images or sounds where others can see or hear them may create a hostile environment and could constitute sexual harassment according to University policies on sexual harassment. And obscene email is comparable to obscene phone calls or letters. Laws relating to child pornography, obscenity and defamation apply in electronic environments and the University will willingly cooperate in the prosecution of individuals formally charged with such offenses.
EP 9.210 Workplace Non-Violence
The University of Hawai‘i is an institution which encourages the intellectual and personal growth of its students as scholars and citizens and recognizes the need to maintain a safe and secure environment for faculty and staff to fulfill the University of Hawai‘i’s mission of teaching, research and service. In order to maintain an environment where these goals can be achieved safely and equitably, the University promotes civility, respect and integrity among all members of its community.
EP 7.302 Preferred Name
The purpose of this policy is to set forth a policy to support students who have a preferred name, such as a Hawaiian name, an international name, or a name that is concurrent with their gender identity. The goal of this policy is to enable a consistent preferred name experience across the University of Hawai‘i system and use of one’s preferred name wherever legal name is not absolutely necessary. The option to use preferred name shall be available to all students as long as the use of the preferred name is not for the purpose of fraud or misrepresentation.
A9.360 Leaves of Absence for Pregnancy Related Disabilities
The purpose of A9.360 Leaves of Absence for Pregnancy Related Disabilities is to promulgate procedures for treating disabilities caused or contributed by pregnancy and recovery therefrom as a temporary disability.
Student Conduct Code
Choosing to join the University community obligates each student to abide by the Student Conduct Code. By enrolling in the University, students accept the responsibility to become fully acquainted with the University’s regulations and to comply with the University’s authority. The University expects students to maintain standards of personal integrity that are in harmony with the educational goals of the institution; to respect the rights, privileges, and property of others; and to observe national, state, and local laws and University regulations.
EP 7.205 – Systemwide Student Disciplinary Sanctions
The purpose of EP 7.205 is to recognize and support the responsibility of the University in protecting the safety of its students, staff and faculty, and ensuring the integrity of its academic processes. Additionally, the goals of this policy is to establish system-wide student disciplinary sanctions for violations that include, but are not limited to, conduct that threatens the safety of self and/or others, is disruptive, and/or particularly egregious that consideration must be given to applying sanctions to all campuses within the University of Hawaiʻi system.