It is the policy of the University of Hawaiʻi 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.
In evaluating whether a person was incapacitated for purposes of evaluating effective consent, the Institute considers two questions: (1) Did the person initiating sexual activity know that their partner was incapacitated?
It is possible that a particular action may constitute sexual misconduct even if not specifically mentioned in these examples.
If the answer to either of these questions is “yes,” effective consent was absent.
For purposes of this policy, incapacitation is a state beyond drunkenness or intoxication.
A non-exhaustive set of examples of conduct that might constitute sexual harassment are included below.
One or more of these actions will be considered sexual harassment only when that conduct has the purpose or effect of unreasonably interfering with another individual’s working conditions, academic experience, or living conditions, or of creating a hostile working, academic, or living environment.