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Sexual Harassment

University of Hawaii Community College Policy and Information

It is the policy of the University of Hawai`i to provide a safe and comfortable learning and working environment for students and employees.

Sexual Harassment is a form of sex discrimination that can undermine the foundation of trust and mutual respect that must prevail for the University to fulfill its educational mission.

Sexual harassment will not be tolerated in any part of the University's programs and activities. Sanctions will be imposed on members of the University community who violate this policy.

What is Sexual Harassment?
There are two types of sexual harassment

• Quid Pro Quo
• Hostile Environment

Quid Pro Quo sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or educational benefits or services, or submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual.

Hostile Environment harassment is defined as intimidating, threatening or offensive verbal or physical conduct of a sexual nature, which is unwelcome and is sufficiently severe or pervasive to interfere with an employee's work environment or a student's education.

Examples of Sexual Harassment
Examples of behaviors that could constitute Quid Pro Quo and Hostile Environment sexual harassment include but are not limited to:

• Direct or indirect promises of academic or work benefits, such as high grades, promotions, or letters of recommendation, in return for sexual favors.
• Adverse decisions or evaluations, such as negative evaluations, failure to hire or promote, low grades, because conduct of sexual nature has been rejected.
• Unnecessary and unwanted touching, patting, hugging, or brushing against a person's clothing or body.
• Spreading rumors about a person's sexuality; remarks about sexual activity or speculations about previous sexual experience.
• Perverse displays of pictures, calendars, cartoons, or other materials with sexually explicit or graphic content.
• Sexually suggestive sounds or gestures such as sucking noises, winks, or pelvic thrusts.
• Intrusive sexually explicit questions.
  

Examples Cases of Sexual Harassment
Student A Reports:
Student A is a female enrolled in a program that traditionally attracts males, and she does not want to go to class anymore. Each day a group of male students sit in the back of the classroom and tell jokes of a sexual nature, and engage in conversation about their sexual experiences. Even though Student A is not the target of their conversation, she can clearly hear what is being said because she sits close to them in the back. Several times she has told them to stop and told them that others in the class do not want to hear their sexual jokes and all about their sex lives. They laugh and tell her to move to another seat if she does not want to hear.

Student B Reports:
Student B is a female enrolled in the XYZ program. One male instructor has been very friendly with her since the beginning of the semester. She feels he goes out of his way to talk to her about personal things that don't pertain to class. She is not doing well in the class and is close to failing, but needs this class to graduate. One day, she went to the instructor's office to talk about her grade. To her surprise, he offered her a passing grade if she would have sex with him. He told her that no one would have to know; that it would be their secret and with a passing grade she would be able to graduate.

Student C Reports:
Student C is in the Auto Body Repair and Painting program. She participates in the Cooperative Education Program which gives her the opportunity to gain valuable work experience in auto body repair and painting. As a co-op student this semester, she is working for LCK's Auto Body Repair and Painting Shop. She has reported that each time she goes to the shop, one of LCK's employees often touches her on the shoulder or waist, pats her thigh and slaps her on the rear end. He refers to her and other women in a very demeaning way, and tells her that her place is in the kitchen.

Employee A Reports:
Within the first few month of her employment, Employee A began to experience behavior from her immediate supervisor that made her feel very uncomfortable about coming to work. He often questioned her about her sex life and told her how bad his sex life was, complimenting her on how good she looks after having a baby, and made sexual comments about other female employees. All of the unwanted, unsolicited behavior began to make her sick to her stomach. There were many days that she called in sick because she did not want to face her supervisor.

What Can You Do?
Do not accept sexual harassment as the "way things are." You do not have to endure abuse. You can do any of the following:

Say No:
Tell the harasser, either verbally or in writing, to stop.

Tell Someone:
If you don't feel comfortable telling the harasser, seek support from friends, fellow students and co-workers. Have one or more of them present when you tell the harasser to stop. Seek support from a counselor, professor, supervisor, advisor, colleague, or friend.

Take Action:
Write a letter to the harasser communicating what happened, when it occurred, that you want the behavior to stop and that if it does not, you will take formal action. Sign the letter, keep a copy and give it to the harasser in front of witnesses.

Keep Records:
Document everything as precisely as possible, all incidents, all attempts to stop the harassment, what you did, how you felt, names of witnesses, witnesses' response, times, dates, etc. Keep any evidence, i.e., letters, notes, pictures, etc.

Seek Advice:
You should tell someone at the college who is in a position of authority, be it your professor, counselor, Dean of Students or Equal Employment Opportunity/Affirmative Action (EEO/AA) Coordinator. Remember you are not alone and you do not have to put up with it.

Employment Training Center
879 N. King Street
Honolulu, Hawai`i 96817
Dean of Students: 808.832.3722
EEO/AA Coordinator: 808.832.3706

Kapi`olani Community College
4303 Diamond Head Road
Honolulu, Hawai`i 96816
Dean of Students: 808.734.9522
EEO/AA Coordinator: 808.734.9575

FEDERAL AGENCY
Office for Civil Rights
U.S. Departemnt of Education, Region X
Mail Code 10-9010
915 Second Avenue, Room 3310
Seattle, Washington 98174-1099
Phone: 206.220.7900
FAX: 206.220.7887
Time frame to file a complaint: 180 days
OCR may extend the time if "good cause" is shown.

Equal Employment Opportunity Commission
300 Ala Moana Boulevard, Room 7123A Box 50082
Honolulu, Hawai`i 96813
Phone: 808.541.3120
FAX: 808.541.3390
Time frame to file a complaint: 180/300 days
Consult EEOC for your particular situation.

Office of Federal Contract Compliance Programs
300 Ala Moana Boulevard, Room 3310
Honolulu, Hawai`i 96813
Phone: 808.541.2933
FAX: 808.541.2904
Time frame to file a complaint: 180 days
OFCCP may extend the time if "good cause" is shown.

STATE AGENCY
Hawai`i Civil Rights Commission
830 Punchbowl Street, Room 411
Honolulu, Hawai`i 96813
Phone: 808.586.8636
FAX: 808.586.8655
Neighbor Islands: 1.800.468.4644, ext. 68636
Time frame to file a complaint: 180 days