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 that it creates an intimidating, threatening, or abusive educational environment for the other student(s). (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 Sexual Harassment EP 1.204, II.C (Dated 8/14/20.)
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 are 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, a 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 foregoing. (Hawai’i Department of Education’s Policy 8-19-2)
I. “Domestic Violence” is violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, or by a person who is cohabitating with, or has cohabitation with, the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Hawai’i, or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Hawai’i . (This definition combines language from the University of Hawaii Executive Policy Interim Policy on Title IX Sexual Harassment EP 1.204, III.A.1.e (Dated 8/14/20) and the Crime Control & Law Enforcement 34 U.S.C. 12291(a)(8))
K. “Force” means physical contact, violence, threat, intimidation, or coercion.
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 non-consent. (University of Hawai’i Executive Policy Interim Policy on Title IX Sexual Harassment EP 1.204 II.F (dated 8/14/20). This definition is modified from University of Hawai’i Executive Policy EP 7.208, II.I (Dated 4/1/19))
M. “Harassment” means conduct that is so severe, pervasive, and objectively offensive that it unreasonably interferes with a person’s UH West Oʻahu employment, academic performance or participation in UH West Oʻahu programs or activities and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive. The conduct does not have to be threatening and may include deliberate and persistent communication that unreasonably disturbs the recipient. (This definition was developed from Davis v. Monroe County Bd. of Ed., 526 U.S. 629, 651 (1999))
O. “Hostile Environment” is when unwelcome harassment is sufficiently severe, pervasive (or persistent) and objectively offensive that it unreasonably interferes with, limits or denies the ability to participate in or benefit from the UH West Oʻahu educational programs or activities. (University of Hawai’i Executive Policy EP 7.208, IV.B.3.h (Dated 4/1/19))
Q. “Intimidation” is implied threats or acts that cause a reasonable fear of harm in another. (University of Hawai’i Executive Policy EP 7.208, IV.B.3.b (Dated 4/1/19))
S. “Physical Abuse” means the non-accidental infliction of physical or bodily injury, pain, or impairment, including but not limited to hitting, slapping, causing burns or bruises, poisoning, or improper physical restraint; or causing physical injuries that are not justifiably explained or where the history given for an injury is at variance with the degree or type of injury. (Hawai’i Revised Statutes 346-222. This definition comes from the statute governing the Department of Human Services, Adult Protective Services)
U. “Policy” means the written regulations of UH West Oʻahu as found in, but not limited to, its Policies and Bylaws of the Board of Regents, its Administrative Procedures, the Student Code of Conduct, the UH West Oʻahu web page and computer use policy, and school catalogs.
W. “Reporting Party” or “Complainant” means any person who submits a charge alleging that a student violated this Student Code of Conduct. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been a victim will have the same rights under this Student Code of Conduct as are provided to the Reporting Party or Complainant, even if another member of the UH West O’ahu community submitted the report. (University of Hawai’i Executive Policy EP 7.208, II.B (Dated 4/1/19). As used in this Policy, “Reporting Party” includes “Complainant” as that term is used in University of Hawai’i Executive Policy Interim Policy on Title IX Sexual Harassment EP 1.204 (Dated 8/14/20). Furthermore, for the purposes of Interim Policy on Title IX Sexual Harassment EP 1.204 (dated 8/14/20), a “Complainant” is considered a “victim” in sexual harassment cases. “Complainant” as defined in University of Hawai’i Executive Policy Interim Policy on Title IX Sexual Harassment EP 1.204, II.B (Dated 8/14/20))
Y. “Retaliation” is adverse actions taken against a person because of his/her good faith participation in the following types of protected activities:
a. Seeking advice or assistance about conduct prohibited under this policy, a Student Conduct Code, or systemwide sanction concern;
b. Opposing or filling an informal or formal complaint against conduct reasonably believed to be prohibited under this policy;
c. Testifying, assisting, or participating in an investigation or other proceeding related to a complaint of conduct prohibited under this policy.
Retaliation includes intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by law or the University of Hawai’i Executive Policy Interim Policy on Title IX Sexual Harassment EP 1.204 or the Student Code of Conduct, or because the individual has made a report or complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Interim Policy on Title IX Sexual Harassment EP 1.204 and its accompanying procedure. (University of Hawai’i Executive Policy Interim Policy on Title IX Sexual Harassment EP 1.204, III.A.2 (Dated 8/14/20))
AA. “Sexual Assault” is a forcible or non forcible act of committing unwanted physical contact of a sexual nature with an intimate body part, whether by an acquaintance or by a stranger. Intimate body parts include breast, buttocks, groin, or genitals, or mouth. Sexual Assault includes:
a. Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the Complainant, including instances in which the Complainant is incapable of giving consent.
b. Forcible Rape: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.
c. Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly, and/or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
d. Sexual Assault with an Object: The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
d. Forcible Fondling: The touching of the private body parts of another person (buttocks, groin, breasts), for the purpose of sexual gratification, forcibly, and/or against that person’s will (non-consensually); or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
e. Sex Offenses, Non-forcible:
- Incest: Non-forcible sexual intercourse, between persons who are related to each other, within the degrees wherein marriage is prohibited by Hawai’i law.
- Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent of 16.(In Hawai’i, the age of consent is sixteen (16) generally, or the age of consent is between fourteen (14) and fifteen (15) when either the other person is less than (5) years older or when the other person is legally married to the person between the ages of fourteen (14) and fifteen (15). See Haw. Rev. Stat. § 707-732.) (University of Hawai’i Executive Policy Interim Policy on Title IX Sexual Harassment EP 1.204, III.A.1.c.1-6 (Dated 8.14.20))
CC. “Sexual Intercourse” means penetration (anal, oral or vaginal) by a penis, tongue, finger, or an inanimate object.
EE. “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))
GG. “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.
II. “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))
KK. “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.
MM. “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))
OO. The term “shall” is used in the imperative sense. (University of Hawai’i Executive Policy EP 7.208, II.L (Dated 4/1/19))
B. “Assault” means intentionally, knowingly, or recklessly causing bodily injury to another person. In this context, “bodily injury” means physical pain, illness, or any impairment of physical condition. (This definition combines language from Hawai’i Revised Statutes (HRS) 707-700 and 707-710)
D. “Cheating” is an act of academic dishonesty and includes, but is not limited to:
a. use of any unauthorized assistance in taking quizzes, tests, or examinations;
b. use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments;
c. the acquisition, without permission, of tests or other academic material belonging to a member of the UH West O’ahu faculty, staff or student; and
d. engaging in any academic behavior specifically prohibited by a faculty member in the course syllabus or class discussion. (University of Hawai’i Executive Policy EP 7.208, IV.B.1 (Dated 4/1/19)
F. “Consent” means knowing, and voluntary, and clear permission by word or action to engage in sexual activity.
A person cannot give Consent if the person is under the age of consent for sexual activity, the person is developmentally or intellectually disabled, or the person is mentally incapacitated or physically helpless.
Lack of protest or resistance cannot be interpreted as Consent. Silence cannot be interpreted as Consent. Consent must be ongoing throughout any sexual activity and can be revoked at any time.
The existence of a dating relationship, domestic partnership or marriage between the persons involved, or the existence of past sexual relations between the persons involved, is never by itself an indicator of Consent. (University of Hawai’i Executive Policy Interim Policy on Title IX Sexual Harassment EP 1.204, II.D (Dated 8/14/20).)
H. “Dating Violence” is violence committed by a person, who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition:
a. Dating violence included, but is not limited to, sexual or physical abuse or the threat of such abuse.
b. Dating violence does not include acts covered under the definition of domestic violence. ( University of Hawai’i Executive Policy Interim Policy on Title IX Sexual Harassment EP 1.204, III.A.1.d.1-2 (Dated 8/14/20))
J. “Faculty Member” means any person hired by UH West Oʻahu to conduct classroom or teaching activities or who is otherwise considered by UH West Oʻahu to be a member of its faculty. (This definition is modified from University of Hawai’i Executive Policy EP 7.208, II.I (Dated 4/1/19))
L. “Gender-Based Harassment” is a form of sex-based harassment and refers to unwelcome conduct based on an individual’s actual or perceived sex. Gender-based harassment involves verbal, physical, or electronic conduct based on sex, gender, sexual orientation, or sex-stereotyping that creates a hostile, intimidating, or abusive environment, even if those acts do not involve conduct of a sexual nature. Gender-based harassment also includes harassment for exhibiting what is perceived as a stereotypical characteristic for one’s sex or for failing to conform to stereotypical notions of masculinity and femininity, regardless of the actual or perceived sex, gender, sexual orientation, gender identity, or gender expression of the individuals involved.
N. “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))
P. “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 Sexual Harassment EP 1.204, II.I (Dated 8/14/20).)
R. “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))
T. “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))
V. “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 Relationship 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))
X. “Respondent” or “Responding Party” 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, “Respondent” includes “Responding Party” as that term is used in EP 7.208 and EP 1.204)
Z. “Sex Discrimination” is any unlawful distinction, preference, or detriment to an individual as compared to others that is based on an individual’s sex or gender and 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 for employment’s access to employment or conditions and benefits of employment (e.g. hiring, advancement, assignment);
c. An authorized volunteer’s ability to participate in a volunteer activity;
d. A guest’s or visitor’s ability to participate in, access, or benefits from the University’s programs.
BB. “Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:
a. An employee of University of Hawaii West Oʻahu conditioning the provision of an aid, benefit, or service of University of Hawaii West Oʻahu on an individual’s participation in unwelcome sexual conduct;
b. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University program or activity.
c. Sexual assault, dating violence, domestic violence, or stalking. (University of Hawai’i Executive Policy Interim Policy on Title IX Sexual Harassment EP 1.204, III.A.1.a-f (Dated 8/14/20))
DD. “Stalking” is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety, or the safety of others; or suffer substantial emotional distress. For the purposes of this definition:
a. Course of conduct means two or more acts, including, but no limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
b. Reasonable person means a reasonable person under similar circumstances and with similar identities 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 Sexual Harassment EP 1.204, III.A.1.f (Dated 8/14/20))
FF. “Student Conduct” or “Student Code” means UH West Oʻahu’s Student Code of Conduct.
HH. “UH West Oʻahu” means University of Hawai’i – West Oʻahu.
JJ. “UH West Oʻahu Premises” means all land, buildings, facilities, and other property in the possession of, owned, used, or controlled by UH West Oʻahu (including adjacent streets and sidewalks). (University of Hawai’i Executive Policy EP 7.208, II.K (Dated 4/1/19)) UH West Oʻahu vehicles are covered by this policy at all times regardless of whether they are on UH West Oʻahu premises or not.
LL. “Verbal Abuse” is shouting or yelling in a threatening or hostile manner and/or use of abusive or belligerent language. (University of Hawai’i Executive Policy EP 7.208, IV.B.3.f (Dated 4/1/19))
NN. “Weapon” includes, but is not limited to: a pistol or other firearm, dagger, dirk, razor, stiletto, or knife (regardless of length or size), or any other dangerous or deadly weapon or instrument. (HRS §134-9; University of Hawai’i Executive Policy EP 9.210, III.F (10/31/14))
PP. The term “may” is used in the permissive sense. (University of Hawai’i Executive Policy EP 7.208, II.M (Dated 4/1/19))