Article I: Definitions

A. “Academic Negligence” means unknowingly or unintentionally claiming credit for the work or effort of another person, or unknowingly or unintentionally gaining (or causing another to gain) an unfair academic advantage.

C. “Bullying” means any written, verbal, graphic, or physical act that a student or group of students exhibit toward other particular student(s) and the behavior causes mental or physical harm to the other student(s); and is sufficiently severe, persistent, or pervasive such that it creates an intimidating, threatening, or abusive educational environment for the other student(s). This also includes intentional harm or controlling another person physically or emotionally, and is not protected by freedom of expression.

(This definition combines language from Hawai’i Department of Education’s Policy 8-19-2 and University of Hawai’i Executive Policy EP 7.208, IV.B.3.c (Dated 4/1/19))

E. “Coercion” is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point may be coercive.

(University of Hawai’i Executive Policy Interim Policy on Title IX on Sex Discrimination EP 1.204, III.C (Dated 8/1/2024))

G. “Cyberbullying” means electronically transmitted acts, i.e., internet, cell phone, personal digital assistant (PDA), or wireless hand-held device, that a student has exhibited towards another student or employee of the department, either on or off-campus, that hurts, harms, or humiliates the student or employee physically or emotionally, and is sufficiently severe, persistent, or pervasive, or created an intimidating, threatening, or abusive educational environment for the other student(s). This also includes intentional harm or controlling another person physically or emotionally, and is not protected by freedom of expression.

(This definition combines language from Hawai’i Department of Education’s Policy 8-19-2 and University of Hawai’i  Executive Policy EP 7.208, IV.B.3.c  (Dated 4/1/19))

Electronic transmissions include but are not limited to the use of data, computer software that is accessed through a computer, computer network devices that display email, text messaging, blogs, photos, drawings, video clips, on-line community websites, social media, or faxes, or a combination of the aforementioned.

(Hawai’i  Department of Education’s Policy 8-19-2)

I. “Discrimination” is any distinction, preference, or adverse treatment of an individual when based on a person’s protected category that is sufficiently serious to unreasonably interfere with or limit:

    a. A student’s or admission applicant’s ability to participate in, access, or benefit from educational programs, services, or activities (e.g. admission, academic standing, grades, assignment, campus housing);

    b. An employee’s or applicant’s access to employment, consideration of, or conditions and benefits of employment (e.g., hiring, advancement, assignment); 

    c. An authorized volunteer’s ability to participate in a volunteer activity; or,

    d. A guest’s or visitor’s ability to participate in, access, or benefit from the University’s programs.

Examples of Discrimination based on a Protected Category: 

• Refusal to consider an accommodation request or to implement a reasonable accommodation for individuals with disabilities or a  person’s sincerely held religious beliefs or practices. 
• Disparate or unequal treatment, including preferential treatment on the basis of a protected category.
•  Denial of a person’s equal opportunity to participate in a University program, activity, or service on the basis of a protected category.                                                              

 (This list is meant to be illustrative and not exhaustive, and the conduct must be sufficiently serious to unreasonably interfere with or limit a person’s ability to participate in an education activity to meet the definition of Discrimination.)

(University of Hawai’i Executive Policy Nondiscrimination, Equal Opportunity, and Affirmative Action EP 1.202, III.C.1.a-d (Dated 2/1/23))

K. “Domestic Violence” Felony or misdemeanor crimes committed by a person who:

1. Is a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of the state of Hawai’i, or a person similarly situated to a spouse of the Complainant;

2. Is cohabitating, or has cohabitated, with the Complainant as a spouse or intimate partner;

3. Shares a child in common with the Complainant; or

4. Commits acts against a youth or adult Complainant who is protected from those acts under the family or domestic violence laws of the jurisdiction.

(This definition combines language from the University of Hawai’i Executive Policy Interim Policy on Title IX on Sex Discrimination EP 1.204, IV.A.1.c.3.c.i-iv (Dated 8/1/2024) and the Crime Control & Law Enforcement 34 U.S.C. 12291(a)(8))

M. “Force” means the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce Consent. Sexual activity that is Forced is, by definition, non-Consensual, but non-Consensual sexual activity is not necessarily Forced. Silence or the absence of resistance alone is not Consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of nonConsent.  

(This definition is modified from University of Hawai’i Executive Policy EP 7.208, II.I (Dated 4/1/19)) (University of Hawai’i Executive Policy Interim Policy on Title IX on Sex Discrimination EP 1.204, III.L (Dated 8/1/2024))

O. “Hazing” means an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is not a neutral act; both are violations of this rule.

(University of Hawai’i Executive Policy EP 7.208, IV.B.9 (Dated 4/1/19))

Q. “Incapacitation” or “Incapacitated” occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction). Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk. Incapacitation also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs. A person cannot consent if they are unable to understand what is happening or is disorientated, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. A Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent.

(University of Hawai’i Executive Policy Interim Policy on Title IX on Sex Discrimination EP 1.204, III.N (Dated 8/1/2024))

S. “Member of the UH West Oʻahu Community” means any person who is a UH West Oʻahu student, UH West Oʻahu faculty member, UH West Oʻahu official or any other person employed by (or directly connected to) UH West Oʻahu.  A person’s status in a particular situation shall be determined by the VCSA (or his or her designee).

(This definition is modified from University of Hawai’i Executive Policy EP 7.208, II.I  (Dated 4/1/19))

U. “Plagiarism” is an act of academic dishonesty and includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

(This definition is modified from University of Hawai’i Executive Policy EP 7.208, IV.B.1.a (Dated 4/1/19))

W. “Registered Independent Organization (RIO)” refers to a student organization, association, or club that has been formed to meet special interests of certain groups of students on campus.

(University of Hawai’i Executive Policy EP 7.208, II.A (Dated 4/1/19))

The Relationships of an RIO to the University are:

a. An RIO, like a Campus-Wide Student Association Organized (CSO), is not an agency of the university. RIO, unlike the CSO, is not involved in the governance process and does not represent or serve the entire student body on their campus.

b. The university assumes no responsibility for the activities of an RIO. An RIO must fully inform its members and the public of its relationship to the university by including the following disclaimer in its publications and communication with third parties: “Although the registered organization has members who are university students, the registered organization is independent of the university and does not represent the views of the university. The registered organization is responsible for its own contracts, acts, or omissions.”

c. An RIO’s leaders shall assume full responsibility for the organization’s activities and conduct of its members. As benefits for university registration, staff resource liaisons may be provided by its campus to answer further questions regarding the relationships of the RIO to the university campus and to offer educational assistance services that support the effective functioning of the RIO.

(University of Hawai’i Board of Regents Policy BR 7.203 III(B)(1-3))

Y. “Responding Party” or “Respondent” means a UH West Oʻahu student who is currently taking courses at UH West Oʻahu, either full or part-time, pursuing undergraduate or graduate studies, against whom a report has been filed alleging a violation of the Student Code of Conduct. A Respondent or Responding Party,  who withdraws from UH West Oʻahu (after a report or report is filed alleging he or she committed any form of sexual misconduct), but who has a reasonable or continuing relationship with UH West Oʻahu, or has been notified of  their acceptance for admission, will be considered a Respondent or Responding Party, even if they are not currently enrolled or have not yet begun attending classes, for the purposes of this process.

(This definition is modified from University of Hawai’i Executive Policy EP 7.208, II.C (Dated 4/1/19). As used in this Policy and the University of Hawai’i  Executive Policy Interim Policy on Title IX on Sex Discrimination EP 1.204, III.T (Dated 8/1/2024), “Respondent” includes “Responding Party” as that term is used in University of Hawai’i Executive Policy EP 7.208, II.C (Dated 4/1/19)).

For the purpose of the University of Hawai’i Executive Policy Interim Policy on Title IX on Sex Discrimination EP 1.204, III.T (Dated 8/1/2024), “Respondent” means a person who is alleged to have violated the University’s prohibition on Sex Discrimination or engaged in Retaliation, as defined in Interim EP 1.204.

AA. “Sex” includes a person’s actual or perceived gender assigned at birth, gender identity, and sexual orientation as well as Sex stereotypes, Sex characteristics, and Pregnancy and Related Conditions.

(University of Hawai’i Executive Policy Interim Policy on Title IX on Sex Discrimination EP 1.204, III.U (Dated 8/1/2024)).

CC. “Sex-Based Stalking” engaging in a course of conduct on the basis of Sex that is directed at a specific person that would cause a reasonable person to:

i. Fear for the person’s safety, or the safety of others; or

ii. Suffer substantial emotional distress. 

iii. For the purposes of this definition:

     a. Course of conduct means two or more acts, including, but not limited to, acts in which one person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, surveils, threatens, or communicates to or about another person, or interferes with another person’s property. 

    b. Reasonable person means a reasonable person under similar circumstances to the Complainant. 

    c. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

(University of Hawai’i Executive Policy Interim Policy on Title IX on Sex Discrimination EP 1.204, IV.A.1.c.3.d.i-iv (Dated 8/1/2024))

EE. “Sexual Assault” Any sexual act directed against another person, without Consent of the Complainant, including instances where the Complainant is incapable of giving Consent; also unlawful sexual intercourse. Sexual Assault includes the following:

i. Rape (except Statutory Rape): The carnal knowledge (i.e., sexual intercourse) of a person, without the Consent of the Complainant, including instances where the Complainant is incapable of giving Consent because of their age or because of their temporary or permanent mental or physical Incapacity.

ii. Sodomy: Oral or anal sexual intercourse with another person, without the Consent of the Complainant, including instances where the Complainant is incapable of giving Consent because of their age or because of their temporary or permanent mental or physical Incapacity.

iii. Sexual Assault with an Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the Consent of the Complainant, including instances where the Complainant is incapable of giving Consent because of their age or because of their temporary or permanent mental or physical Incapacity.

iv. Fondling: The touching of the private body parts, such as genitalia, groin, breast and/or buttocks, of another person for the purpose of sexual gratification, without the Consent of the Complainant, including instances where the Complainant is incapable of giving Consent because of their age or because of their temporary or permanent mental or physical Incapacity.

v. Incest: Nonforcible sexual intercourse, between persons who are related to each other within the degrees wherein marriage is prohibited by Hawaiʻi law.

vi. Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent 

(University of Hawai’i Executive Policy Interim Policy on Title IX on Sex Discrimination EP 1.204, IV.A.1.c.3.a.i-vi (Dated 8/1/2024))

GG. “Sexual Intercourse” means penetration (anal, oral or vaginal) by a penis, tongue, finger, or an inanimate object.

II. “Student” refers to a person who is currently either:

     a. Registered  (i.e., taking courses at UH West Oʻahu, either full or part time, pursuing undergraduate or graduate studies, or who has declared UH West Oʻahu as their home campus), or

    b. unregistered (i.e., not currently enrolled in any courses, but maintains a “reasonable relationship” with UH West Oʻahu (e.g., admitted, but not enrolled; taking a semester break, medical leave, leave of absence; returning student; students who have been suspended or dismissed, students who withdraw after allegedly violating the Student Code of Conduct and may return to UH West Oʻahu, etc.), regardless of where an alleged violation of the Student Code of Conduct, etc.), regardless of where an alleged violation of the Student Code of Conduct may have occurred (e.g. on another UH campus, externship site, online, etc.).

(This definition is modified from University of Hawai’i Executive Policy EP 7.208, II.E (Dated 4/1/19))

KK. “Student Conduct Officer (SCO)” or “Student Conduct Administrator” means a UH West Oʻahu official authorized by the Vice Chancellor of Student Affairs (or his or her designee) to consider whether “more likely than not” a student has violated the Student Code of Conduct and to determine sanction(s) when appropriate, or to determine if the case should be disposed of administratively.

MM. “UH West Oʻahu Official” means any person employed by UH West Oʻahu, performing their assigned administrative or professional responsibilities.

(University of Hawai’i Executive Policy EP 7.208, II.J (Dated 4/1/19))

OO. “Under the Influence” means that a person has ingested an intoxicant which has impaired the person’s normal mental functioning or ability to care for the person and guard against casualty.

(This definition is based on Hawai’i Revised Statutes, 291E-61(1))

Examples of individuals “under the influence” include, but are not limited to: slurred speech, lack of coordination, and the smell of alcohol or marijuana on the student that is coupled with unusual behavior of the student in general.

QQ. “Vice Chancellor of Student Affairs (VCSA)” or “Senior Student Affairs Officer” means the campus administrator who is in charge of the division of student affairs, and generally charged by the campus Chancellor to be responsible for the administration of the Student Conduct Code.

(This definition is modified from University of Hawai’i Executive Policy EP 7.208, II.D (Dated 4/1/19))

SS. The term “shall” is used in the imperative sense.

(University of Hawai’i Executive Policy EP 7.208, II.L (Dated 4/1/19))