Hawai'i Pacific University Catalog

Note: This policy applies to all incidents that occurred prior to 08/01/2024

Sex Discrimination and Sexual Harassment (SD&SH) Policy

The following Sex Discrimination and Sexual Harassment (SD&SH) policy applies to all members of the HPU community. Cases of alleged student-to-student or student-to-employee sex discrimination, sexual harassment, and sexual misconduct along with any other violation of this policy are adjudicated as violations per the SD&SH Policy, which is outlined in the Hawai‘i Pacific University “Student Handbook” (https://studenthandbook.hpu.edu) and “Employee Handbook”.

I. Policy Statement

A. It is the goal of Hawai‘i Pacific University to provide students, faculty and staff with an environment free from sex discrimination, which includes sexual harassment, sexual assault, dating violence, domestic violence, stalking, and other forms of sex discrimination.

B. These violations are prohibited in an education program or activity (e.g., learning environment, workplace) by federal and state law.

C. Sex discrimination and sexual harassment allegations can be made by or against students, faculty, staff, administrators, and vendors/suppliers where the violation is of a sexual nature or on the basis of sex.

D. The university has procedures in place to provide for the prompt and equitable resolution of student and employee complaints alleging any form of prohibited sex discrimination and sexual harassment.

E. HPU does not discriminate on the basis of sex, which extends to employment and admissions.

II. ALL STUDENTS HAVE THE RIGHT TO:

1. A learning environment free from sex discrimination and sexual harassment.

2. Be treated with dignity and be taken seriously when disclosing a report and complaint.

3. File a complaint alleging violations of a prohibited conduct.

4. A grievance procedure that address and resolve allegations of sex discrimination and sexual harassment.

5. Receive courteous, fair, equitable and respectful treatment and support services.

6. Not to be required to unnecessarily repeat incident details outside of the Sex Discrimination and Sexual Harassment informal and formal process.

7. Be free from retaliation by the Complainant, Respondent, students, faculty, staff, and/or parties’ friends, family and acquaintances within the jurisdiction of HPU.

III. Title IX Coordinator and Deputy Coordinators

Below are the staff members who have primary responsibility for complaints of Title IX sex discrimination, sexual harassment, and sexual misconduct:

Title IX Coordinator

Carly Morman
Hawai‘i Pacific University
Pioneer Plaza, 900 Fort Street Mall, Suite 17, Honolulu, HI 96813
Telephone: (808) 544-0276; Email: cmorman@hpu.edu

Any complaint of sex discrimination, sexual harassment and sexual assault can be made to the Title IX Coordinator, who is responsible for overall administration of discrimination-related grievance procedures for faculty, staff, students and other members of the university community. To make a report, go to www.hpu.edu/titleix.

Deputy Title IX Coordinators

For students:

Deonne Yeager
Assistant Vice President and Dean of Students Hawai‘i Pacific University
1 Aloha Tower
Telephone: (808)236-7999; Email: dyeager@hpu.edu

If you have a complaint against a student for sex discrimination, sexual harassment and sexual assault, in addition to contacting the Title IX Coordinator, you have the option of contacting the Assistant Dean of Students/Director of Conflict Resolution and Community Engagement. The Assistant Dean of Students/Director of Conflict Resolution and Community Engagement is responsible for Title IX investigation for matters involving students. To make a report, go to www.hpu.edu/titleix.

For athletics:

Dr. Darlene Moore
Interim Assistant Athletic Director for Compliance/ Deputy Title IX Coordinator
Telephone: (808) 356-5214; Email: damoore@hpu.edu

If you have a complaint about gender equity in athletics programs, you should contact the Associate Director of Athletics, who is responsible for Title IX investigation for matters related to gender equity in athletics programs. If you have a complaint against a student, coach or administrator for sex discrimination, sexual harassment or sexual assault, in addition to contacting the Title IX Coordinator, you have the option of contacting the Associate Director of Athletics. To make a report, go to www.hpu.edu/titleix.

For employees:

Employee Relations Manager Human Resources
Hawai‘i Pacific University
500 Ala Moana Blvd., Suite 4-545, Honolulu, HI 96813
Telephone: (808) 544-1188; Email: hr@hpu.edu

If you have a complaint against an employee for sex discrimination, sexual harassment and sexual assault, in addition to contacting the Title IX Coordinator, you have the option of contacting the Employee Relations Manager. The Employee Relations Manager is responsible for Title IX investigation for matters involving employees, including administration of all complaints against employees and vendors. To make a report, go to www.hpu.edu/titleix.

HPU does not discriminate on the basis of sex, which extends to employment and admissions. Inquiries can be referred to the Title IX Coordinator, the Assistant Secretary, or both.

HPU Title IX Coordinator

Carly Morman
Hawai‘i Pacific University
Pioneer Plaza, 900 Fort Street Mall, Suite 17, Honolulu, HI 96813
Telephone: (808) 544-0276; Email: cmorman@hpu.edu

Office of the Assistant Secretary for Civil Rights

U. S. Department of Agriculture
1400 Independence Avenue, SW
Washington, DC 20250, Mail Stop 0115
PHONE: (202) 720-3808
FAX: (202) 690-1782

IV. Policy Violations

The following are examples of prohibited conduct at HPU. Any other conduct that is prohibited by Title IX and other similar laws shall also be deemed a violation of this policy. Policy violations are handled as outlined below in Section IX: Procedures for the Resolution of Any Violation of this Policy Involving Students. Additionally, a student or employee has the right to file a complaint under Title IX with the U.S. Department of Education Office of Civil Rights concerning alleged failures by the institution to comply by contacting via phone at (206) 607-1600, email at ocr.seattle@ed.gov, or online at https://ocrcas.ed.gov/index.cfm.

A. Sexual Harassment: Unwelcome sexual advances, request for sexual favors, indecent exposure, and other verbal or physical conduct of a sexual nature when:

1. Submission of conduct, whether explicitly or implicitly, is made a condition or action of an individual's employment, education, academic pursuits, or participation in university activity.

2. Such conduct affects or interferes with a person’s employment, education, living environment, or participation in a university activity by creating an intimidating, hostile, or offensive working or learning environment.

For the purposes of Title IX, sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

1. 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’s education program or activity;

2. An employee of the school conditioning the provision of an aid, benefit, or service of the school on an individual’s participation in unwelcome sexual conduct; or

3. Sexual assault, dating violence, domestic violence, or stalking as those terms are defined in the Clery Act and the Violence Against Women Act (VAWA).

Under Title IX sexual harassment, HPU will respond to sexual harassment when the university has actual knowledge of the alleged sexual harassment and the alleged sexual harassment occurred in an education program or activity of the university against a person in the United States.

B. Sexual Assault: Engaging in any physical act that is sexual in nature and which is committed under pressure, force, threat, or coercion, or without consent (forcible or nonforcible sex offense) of all persons involved.

1. Non-Consensual Sexual Contact: Any intentional sexual touching, however slight, with any object, by a person upon another person, which is without consent and/or by force. This may also be the use of force to cause a person to touch their own or another person’s intimate parts. Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner. Non-consensual sexual contact also includes stealthing.

2. Non-Consensual Sexual Intercourse: Any sexual penetration or intercourse (anal, oral, or vaginal) however slight, with any object, by a person upon another person, which is without consent and/or by force. Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger, object, or oral copulation by mouth to genital contact or genital to mouth contact. Non-consensual sexual intercourse also includes stealthing.

3. Non-forcible Sexual Offenses: Any unlawful sexual act (such as incest, statutory rape).

C. Intimate Partner Violence: Infliction of physical, verbal, emotional, or psychological control, intimidation, abuse, or harm.

1. Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

2. Dating violence is violence committed by a person who has been in a social relationship of a romantic or intimate relationship with the victim and where the existence of such a relationship between the offender and victim shall be determined based on the following factors: (1) the length of the relationship, (2) the type of relationship, and (3) the frequency of interaction between the persons involved in the relationship. For the purposes of this definition, (a) dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse and (b) dating violence does not include acts covered under the definition of domestic violence.

D. Stalking: A course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s safety or the safety of others; or (b) suffer substantial emotional distress (e.g., seriously alarms, annoys or harasses the victim and would then cause substantial emotional distress, fear of death, physical injury, or fear of the death or physical injury of a family member or household member).

Course of conduct means two or more acts, including, but not limited to, acts which the stalker 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.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Unwanted stalking behaviors include:

1. Making unwanted phone calls.

2. Sending unsolicited or unwanted letters or emails.

3. Following or spying on.

4. Showing up at places without a legitimate reason.

5. Waiting at places for the victim.

6. Leaving unwanted items, presents, or flowers.

7. Posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth.

E. Sexual Exploitation: A situation in which a person takes non-consensual or abusive sexual advantage of another.

a. Sexual voyeurism, such as watching a person undress, using the bathroom, or engaging in sexual acts without the consent of the person observed.

b. Taking pictures of, video recording, or audio recording another person in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as disseminating sexual pictures without the photographed person’s consent).

c. Causing the prostitution of another person.

d. Engaging in sexual activity with another person while knowingly infected Sexually Transmitted Infections (STI) or Sexually Transmitted Disease (STD) and without informing the other person of the infection.

e. Administering alcohol or drugs to another person without that person’s knowledge or consent.

f. Exposing one’s genitals in non-consensual circumstances, or inducing another to expose their genitals.

g. Possessing, distributing, viewing or forcing others to view illegal pornography.

V. Consensual Relationship Policy Involving Students and Employees

Consensual romantic or sexual relationships involving undergraduate or graduate students may lead to unanticipated conflicts of interest, abuse of authority, and/or Title IX allegations. Accordingly, HPU employees and contracted employees are prohibited from initiating or engaging in consensual romantic or sexual relationships with undergraduate students (spousal relationships are excluded from this prohibition). In addition, HPU employees or contracted employees must not knowingly initiate or engage in a consensual romantic or sexual relationship with a graduate student wherein a professional or academic supervision or evaluative relationship exists.

VI. Definitions

When used in the Sex Discrimination and Sexual Harassment Policy:

a. “Institution” and “university” means Hawai‘i Pacific University and its academic programs and all related university programs.

b. “Student” includes all persons taking courses at HPU, remaining eligible to enroll. Student employees are also subject to the Employee Handbook. For the purposes of Title IX sexual harassment complaints, a “student” is participating in or attempting to participate in the education program or activity at the university.

c. An “education program or activity” includes locations, events, or circumstances over which HPU has exercised substantial control over both the Respondent and the context in which the sex harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by HPU.

d. A “student organization” means any student-based club, society, organization, team, or group which may or may not be formally registered with the university.

e. The terms “campus,” “university premises,” “university-owned property,” and “university-controlled property” mean buildings or grounds owned, leased, operated, controlled, used or supervised by the university.

f. A “university employee” includes any person employed by the university, performing assigned administrative or professional responsibilities, including faculty, staff, student employees, and campus security officers acting in the performance of their duties.

g. A “Mandated Reporter” refers to university employees who have an obligation to report incidents of sex discrimination, sexual harassment, and sexual misconduct to the Title IX Coordinator.

h. “Actual knowledge” means notice to a Title IX Coordinator or any official who has the authority to institute corrective measures on behalf of the institution. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. Besides the Title IX Coordinator, the University President, Provost, Deputy Title IX Coordinators, Athletic Director, Assistant Vice President/Dean of Students, and Assistant Vice President of Human Resources have the authority to institute corrective measures on behalf of the institution.

i. An “Investigator” refers to any HPU staff member with the delegated responsibility to investigate a prohibited violation of the Sex Discrimination and Sexual Harassment policy. In most cases, the Investigator will be a Deputy Title IX Coordinator.

j. A “Mediator” or “Facilitator” is a faculty or staff who will facilitate an informal resolution process.

k. The “Title IX Hearing Board” is made up of one or more faculty or staff members (exclusive of student employees) to review the alleged violation, adjudicate the case, and arrive at a finding of responsible or not responsible. The Chair of the hearing board will facilitate the hearing.

l. The “Title IX Hearing Coordinator” is a faculty or staff member who advises the Title IX Hearing Board Chair about hearing board procedures; the coordinator is a non-voting member that attends hearings.

m. A “Responsible Administrator” is an HPU staff member who determines the sanction(s) that are applied to a Respondent.

n. The “preponderance of evidence” is a measure of proof that a reasonable person would accept as “more likely than not” that a fact is true or an incident occurred. Credibility of statements or patterns of fabrication may be used in determining the preponderance of evidence.

o. A “Report” is a notice to a Mandated Reporter or Title IX Coordinator that an HPU student was subject to sex discrimination and/or sexual harassment. Sufficient details include the identities of the parties, if known, the conduct alleged constituting sex discrimination and sexual harassment, and the date and location of the alleged incident, if known.

p. A “Formal complaint” is a signed document by a Complainant alleging sex discrimination or sexual harassment against a Respondent and requesting to proceed with an informal or formal resolution process. Under Title IX sexual harassment, at the time of filing a formal complaint, Complainant must be participating in or attempting to participate in the education program or activity.

q. A “Complainant” is an HPU student who is alleged to be the victim of conduct that could constitute sex discrimination and/or sexual harassment.

r. A “Respondent” is an HPU student who has been reported to be the perpetrator of conduct that could constitute sex discrimination and/or sexual harassment. Under Title IX sexual harassment, HPU will respond to sexual harassment when the university has actual knowledge of the alleged sexual harassment and the alleged sexual harassment occurred in an education program or activity of the university against a person in the United States.

s. A “Reporting Party” is an individual who comes forward about an incident involving a Complainant.

t. An “Advisor” is an adult who serves as a support person for the parties during the process. For Title IX sexual harassment proceedings, an Advisor conducts the cross-examination for the Complainant and Respondent. Individuals who participate in proceedings cannot serve as an Advisor.

u. A “Witness” is an individual identified by a Complainant or Respondent or is named in a report that may have information about the allegation being investigated.

v. “Due process” refers to the action of the university to recognize the rights of all involved parties and conduct a neutral investigation and hearing with no pre-determined outcome or bias.

w. “Inculpatory evidence” is evidence that shows, or tends to show, a person's involvement in an act, or evidence that can establish guilt.

x. “Exculpatory evidence” is evidence favorable to the Respondent that exonerates or tends to exonerate the Respondent of guilt.

y. “Confidentiality” is the protection of personal information; it refers to an intention to keep information secret. With respect to Title IX reports, confidentiality cannot be guaranteed, as a Title IX report requires university action, and the involvement of areas/individuals within the university as deemed necessary to remedy the report and ensure compliance.

z. “Privacy” or “private” refers to the intention of creating public boundaries and limiting intrusion.

aa. “Supportive measure” means non-disciplinary, non-punitive individualized services as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent. Designed to restore or preserve equal access to the educational program or activity without unreasonably burdening the other party.

bb. A “sanction” or “remedy” is the outcome issued by the Responsible Administrator once the Respondent is found in violation of the SD&SH policy.

cc. “Weapon” is defined in accordance with state law, and includes any object or substance designed to inflict a wound or cause injury. Legal items used in the performance of an intimidating, threatening, or hazardous manner or which has inflicted or was intended to inflict harm on another shall also be covered under this definition.

dd. “Complicity” or “complicit” refers to assisting, facilitating, condoning, supporting, encouraging, or ignoring the occurrence of a violation or violations of the Sex Discrimination & Sexual Harassment Policy. Complicity is prohibited conduct and could be subject to disciplinary action.

ee. “Consent” refers to words or actions indicating a freely given agreement to have sexual intercourse or to participate in sexual activities. Sexual contact will be considered “without consent” if no clear consent, verbal or nonverbal, is given; if inflicted through force, threat of force or coercion; or if inflicted upon a person who is incapacitated or who otherwise reasonably appears to be without the mental or physical capacity to consent. In other words, sexual contact is consensual only in the presence of affirmative consent. Consent is also absent when the activity in question exceeds the scope of consent previously given or when acting in spite of or ignoring the objections of another.

ff. “Incapacitation” means the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, without limitation, sleep, blackouts, flash backs or being under the influence of alcohol or drugs. Where alcohol (or other drug) is involved, one does not have to be intoxicated or drunk to be considered Incapacitated. Rather, incapacitation is determined by how the alcohol consumed impacts an individual’s decision-making capacity, awareness of consequences, and ability to make informed judgments. The question is whether the Respondent knew, or a sober, reasonable person in the position of the Respondent should have known, that the Complainant was incapacitated. Because incapacitation may be difficult to discern, students are strongly encouraged to err on the side of caution (e.g., when in doubt, assume that another person is incapacitated and therefore unable to give consent). Being intoxicated is never a defense for sexual misconduct.

gg. “Stealthing” means the practice of non-consensual condom removal, where one sex partner secretly removes a condom, when sexual consent has only been given by the other sex partner for condom-protected safe sex.

VII. How to Make a Report

In order to take prompt and equitable corrective action, the university must be aware of violations of the SD&SH policy and/or related retaliation. Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator.

Reporting Parties and Complainants have the right to take separate actions:

1. Report an incident to the Honolulu Police Department (HPD).

2. File a report with the university Title IX Coordinator at (808) 544-0276 or submit a report online (www.hpu.edu/titleix).

3. Choose to prosecute criminally.

Choose to file a civil case.

Additionally, Reporting Parties and Complainants may take advantage of support services without filing a complaint. Information pertaining to these options and resources available on campus and in the local community will be provided by the Title IX Coordinator. These may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

Amnesty Policy for Students

Refer to the Alcohol and Drug policy in the Student Handbook.

VIII. Duty to Report

In all cases of a reported violation of the SD&SH policy, the Complainant should immediately contact a university employee who will assist with notifying the Title IX Coordinator. Even so, all persons are encouraged to and may voluntarily report any incident involving a violation of the SD&SH policy to the Title IX Coordinator. State law imposes additional reporting obligations related to sexual abuse and neglect of a minor. Victims of sex discrimination and sexual harassment are strongly encouraged to report incidents of prohibited conduct in this policy.

Mandated Reporter

University employees are deemed to be a “Mandated Reporter” who has an obligation to report any incidents or allegations involving any violation of the SD&SH policy to the Title IX Coordinator. If they become aware of or reasonably suspects an incident, they must promptly report all relevant information to the Title IX Coordinator. A Mandated Reporter who receives a report should inform the Complainant that a Mandated Reporter has a duty to inform the university in a timely manner. The only exceptions to the reporting obligation for Mandated Reporter are those situations in which the Mandated Reporter received the information as part of a confidential communication in the context of a professional or otherwise privileged relationship (i.e., psychologist, medical doctor, lawyer, chaplain).

Protection of Minors

University employees have a duty to report if they have reasonable cause to suspect that a child is a victim of child abuse or neglect based on: (1) Information shared with them by the child or any other individual; or (2) Their own observations or knowledge. The duty to report is triggered by reasonable suspicion or belief. There is no requirement that there be actual evidence of abuse, nor should any individual seek to investigate the matter for themselves. Any doubt as to whether or not to report should be resolved in favor of making the report to ensure that the appropriate professionals in child protective services can assess the report and evaluate the safety of the child.

Campus Security Authorities

A university employee who has been designated as a Campus Security Authority (“CSA”) and who receives a report of a violation of the SD&SH policy must also contact the Director of Security for purposes of Clery information about incidents of sexual assault, dating violence, domestic violence, and stalking in accordance with law. CSAs are persons who have responsibility for campus security or who have significant responsibility for student and campus activities. Such persons include, but are not limited to, security staff, vice presidents, athletic directors, coaches, deans, directors, managers, club advisors, Student Activities staff, and Residence Life Community Advisors. Federal law requires that the university prepare and distribute an annual security report containing statistics for certain crimes that were reported to CSAs. The university must also issue timely warnings about crimes that pose a threat to students and employees.

Victims of the SD&SH Policy

Individuals who believe they have been victims of any violation of the SD&SH policy are encouraged to come forward and make a report. In certain instances, victims may be able resolve the incident informally.

IX. Report and Activity Log

The university’s Title IX Coordinator will maintain a log of Title IX reports as well as any alleged violations of this SD&SH policy. To the extent that other campus departments receive reports of a violation of the SD&SH policy, are involved with report investigations, or conduct any part of the resolution proceedings, they should report this activity to the Title IX Coordinator for entry into the log, even if the reports are resolved without the involvement of the Title IX Coordinator.

X. Protection Against Retaliation

Retaliation of any kind against individuals who, in good faith, report complaints or who participate in or are witnesses in any procedure, is prohibited. Individuals who are found to have violated this provision will be subject to disciplinary action (which may include suspension or expulsion). Retaliation is any action by any person that is perceived as intimidating, hostile, harassing, retribution or violent that occurred in connection to the making and follow-up of a reported complaint. Any allegations of retaliation will be addressed through the conduct process by The Office of Student Conduct.

Retaliation: Retaliation occurs when an adverse action is taken against an individual for engaging in protected activity or by taking adverse actions that are reasonably likely to deter an individual or others from engaging in a protected. Protected activity consists of:

1. Opposing conduct reasonably believed to constitute discrimination, including harassment that violates university policy or state or federal statutes.

2. Filing a complaint about such practice.

3. Seeking an accommodation or remedial action under this policy.

4. Testifying, assisting, or participating in any manner in an investigation or other proceeding related to filing a complaint.

XI. Procedures for the Resolution of Any Violation of this Policy Involving Students

The university actively takes prompt and equitable action to eliminate sex discrimination, sexual harassment, sexual misconduct, or any other violation of the SD&SH policy and takes reasonable steps to prevent recurrence of any violation, and to correct its effects as appropriate. The student proceedings, as noted below, are conducted in a manner designed to protect the safety of the university community and to promote accountability.

An institution must respond to a Title IX sexual harassment complaint when the university has actual knowledge of the alleged sexual harassment and the alleged sexual harassment occurred in an education program or activity of the university against a person in the United States. For other forms of sex discrimination that falls outside of the Title IX sexual harassment jurisdiction, HPU members are encouraged to come forward by submitting a report, contacting the Title IX Coordinator, Deputy Title IX coordinators, or Mandated Reporters to ensure the university addresses the behavior and prevent its recurrence.

For the purposes of sexual harassment under Title IX, the Title IX Coordinator must dismiss a formal complaint of sexual harassment if the alleged conduct: (1) would not constitute sexual harassment even if proved; (2) did not occur in the university’s education program or activity; or (3) did not occur against a person in the United States. Such a dismissal does not preclude action under the formal procedures for other forms of sex discrimination, sexual harassment, or sexual misconduct.

The Title IX Coordinator may dismiss a formal complaint of sexual harassment or any allegations therein, if at any time during the investigation or hearing: (1) a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; (2) the Respondent is no longer enrolled or employed at HPU; or (3) specific circumstances prevent HPU from gathering sufficient evidence to reach a determination as to the formal complaint or allegations therein. Upon a required or optional dismissal, the Title IX Coordinator will promptly and simultaneously send written notice to the parties.

There are two resolution paths for an alleged SD&SH policy violation: informal or formal resolution. Available options will be presented to the Complainant for consideration if determined appropriate by the Title IX Coordinator.

Throughout the process, the Complainant and Respondent will have the following procedural protections:

Equitable treatment of parties.
A fair fact-finding investigation and process.
Objective evaluation of evidence.
For the Respondent to be considered not responsible of all allegations unless proven responsible by a preponderance of the evidence.
Receive support measures.
Receive notice of alleged violations of university policy in advance of meetings, including updated notices for new allegations being investigated that were not included in the initial allegations letter.
Request a reasonable extension of time to prepare for meetings, the hearing, and so forth.
Reasonable timeframes for resolution and allow for temporary delay or limited extension for good cause.
Be informed of the evidence; to present fact and expert witnesses and other inculpatory and exculpatory evidence; to inspect and review any evidence and investigative report upon which an allegation is based; and be afforded an opportunity to offer a relevant response.
Provide names of individuals who have relevant and direct information pertaining to the allegations/case. Character witnesses are not relevant and will not be accepted.
Be allowed to ask questions and review files related to the case throughout the process.
Be assured of privacy, in accordance with the terms of the Federal Family Educational Rights and Privacy Act (FERPA) of 1974.
Be accompanied by an Advisor. If a party is unable to secure an Advisor, one will be appointed.
Challenge appointed individuals involved in the proceedings on the basis of bias or conflict of interest.
Freedom from having irrelevant sexual history discussed during the process unless it is to prove that another individual committed the misconduct or to prove prior consent.
Freedom from retaliation.
An opportunity to appeal.
Receive updates from the Title IX Coordinator regarding the process and timeline.
Not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless parties holding such privilege have waived the privilege.

Informal Complaint Procedures (alleged student misconduct) involving Title IX Sexual Harassment and Other Violations of Sex Discrimination and Sexual Harassment:
In order to proceed with the informal complaint process, the Complainant and Respondent must voluntarily agree in writing to participate in an informal resolution process such as mediation and restorative justice. Title IX Coordinator, Investigator, Responsible Administrator, or any faculty and staff designated by HPU to facilitate an informal resolution process may not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. Informal resolution process may not be used to resolve allegations that an employee sexually harassed a student.

The informal complaint procedure will not involve a full investigation and adjudication. If parties proceed with the informal resolution procedures, the following will take place:

a. The Mediator or Facilitator will send written notices disclosing: (1) the allegations and (2) the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming formal complaint arising from the same allegations, provided, however, that at the time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, and any consequences resulting from participating in the informal resolution processes including the records that will be maintained or could be shared.

b. Both parties voluntarily agree in writing to participate in an informal resolution.

c. The Mediator or Facilitator will schedule a meeting between the parties to discuss the complaint.

d. The Mediator or Facilitator will go over meeting decorum, goals, outcome, and so forth.

e. Parties will be asked to share their experience and suggest reasonable resolutions.

f. When a resolution is agreed upon, the Mediator or Facilitator will send a resolution notice to both parties.

At any time prior to issuance of a final resolution, any party has the right to withdraw from the informal resolution process. Once a resolution is issued to both parties through the informal process, the Complainant cannot then pursue a formal complaint.

Typically, the informal resolution procedures may conclude within thirty (30) days of receipt of the complaint. If it becomes necessary to extend the process, both parties will be notified by the Title IX Coordinator of a revised expected resolution timeframe. Informal resolution documents and notices will be retained in the Title IX Office for seven (7) years. Last, informal resolution procedures are not an option if the allegations are against an employee and involve Title IX sexual harassment. Parties may involve an advisor during the process.

Formal Complaint Procedures (alleged student misconduct) involving Title IX Sexual Harassment and Other Violations of Sex Discrimination and Sexual Harassment:
The formal resolution process provides equal opportunity for parties to present fact and expert witnesses, and other inculpatory and exculpatory evidence. A Complainant must submit in writing (in person, by mail, by electronic mail, or through the Title IX Report Form) a formal complaint to the Title IX Coordinator or any official who has the authority to institute corrective measures on behalf of the institution.

Anyone can submit a report under this policy, but the Complainant must make a formal complaint. In the event there is no Complainant, the Title IX Coordinator may file a formal complaint. Typically, the formal complaint process will be completed within ninety (90) business days of receipt of the complaint. If it becomes necessary to extend the process, both parties will be notified in writing of a revised expected resolution timeframe. Disciplinary files, case documents collected and notices sent to the parties will be retained for seven (7) years.

A. Preliminary Assessment

Upon receiving a report, the Title IX Coordinator will promptly perform a preliminary assessment based on the facts reported to determine if the conduct alleged constitutes sex discrimination and/or sexual harassment. If the conduct as alleged does not constitute Title IX sexual harassment then HPU will terminate the Title IX grievance process. The Complainant will be informed that their report has been considered and of their options under the non-Title IX resolution procedures. While meeting with the Complainant, the Title IX Coordinator will discuss resolution options and procedures, the role of the advisor, support measures, and so forth.

At this time, the Title IX Coordinator will also consider consolidating complaints (which may include Code of Student Conduct prohibited conduct) arising out of the same facts or circumstances. This will be permitted as to allegations against more than one Respondent, by more than one Complainant against one or more Respondents, or by one party against the other where allegations arise out of the same facts or circumstances. If the Complainant submits a written request to proceed with a formal complaint, an investigation will proceed as provided below.

B. Supportive Measures

Based on any information acquired in the course of the preliminary assessment or investigation, the Title IX Coordinator will recommend that supportive measures be taken to protect the parties from further violations of this policy or retaliation while the investigation is still pending. This recommendation may involve others in the university before implementation. If requested and available, interim measures will be provided whether or not a victim chooses to report to a Mandated Reporter, Title IX Coordinator, Security, or local law enforcement. The university will provide written notification about options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or other protective measures (e.g., counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures). Other remedial measures may also be appropriate, such as special training in the affected department or area, or the dissemination of information about how to report sex discrimination and sexual harassment. The university must keep support measures confidential to the extent that maintaining such confidentiality would not impair the ability of the institution to provide them.

In situations deemed to be extreme or dangerous, the Title IX Coordinator may remove a Respondent from campus (i.e., temporary suspension and ban from campus) on an emergency basis provided that HPU (1) undertakes an individualized safety and risk analysis; (2) determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal; and (3) provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal. If this decision is made, both parties will receive simultaneous written notification.

When criminal conduct is involved or personal safety is a concern, it is important that victims of sexual violence preserve evidence as necessary to prove the crime or secure a protective order through the court system. Victims may choose to seek medical treatment in order to preserve evidence, treat injuries, or prevent sexually transmitted diseases. It is also possible to get a rape kit or find a Sexual Assault Nurse Examiner (SANE) through law enforcement or local hospitals. Health care services are available at the Sex Abuse Treatment Center (SATC), Kapi’olani Medical Center for Women and Children (808-524-7273).

C. Selection of the Investigator

Upon receiving a written formal complaint by the Complainant, the Title IX Coordinator will create the case of Title IX allegation(s) and will assign the incident report to an Investigator. The Title IX Coordinator will consider any conflicts of interest, time constraints, or other relevant factors in selecting an Investigator. The Complainant and the Respondent may each raise concerns regarding bias or a potential conflict of interest of investigators or others involved in the resolution process by contacting the Title IX Coordinator.

D. Privacy and Confidentiality

Given the sensitive nature of allegations involving any violation of the SD&SH policy and the potential for damage to the parties’ personal reputations, all reports will be investigated as privately as reasonably possible. The university cannot maintain anonymity of the Complainant due to disclosures via the written notice of allegations. Parties and witnesses may communicate with one another, and it is considered part of a party’s right to meaningfully participate in furthering the party’s interests in the case. However, if the party’s conduct toward a witness might constitute “tampering” (for instance, by attempting to alter, coerce, or prevent a witness’s testimony), harassment and/or retaliation, such conducts are prohibited and subject to disciplinary action. Complainants and Respondents who desire complete confidentiality may be advised that they can address their confidential concerns to pastoral and professional counselors, medical doctors, or their own legal counsel.

HPU will keep confidential the identity of any individual who has made a report or complaint of any form of prohibited sex discrimination and sexual harassment, including any Complainant, Respondent or witness, except: (1) as may be permitted by FERPA; (2) or as required by law; or (3) to carry out the Title IX regulations, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

Records kept by the university relating to allegations of any violation of this policy are not publicly available, but in the event that the university is required to make any such records publicly available, any identifying information about the parties will be excluded, to the extent permissible by law, to protect the parties’ privacy. Federal law requires the university to publicly disclose statistics about reported incidents of sexual assault, domestic violence, dating violence, and stalking; however, no personally-identifiable information is maintained or published for purposes of such reporting.

In cases when a Complainant does not want to file a formal complaint, the Title IX Coordinator will consider the reasons for the request, including concerns about continued safety and well-being of the person reportedly harmed and members of the campus community. The Title IX Coordinator will initiate confidential consultation with appropriate individuals to analyze the situation and assist in determining appropriate measures to take. Consultation may occur with the Dean of Students, Director of Counseling and Behavioral Services, Director of Safety and Security, Assistant Vice President of Human Resources, and General Counsel. The Title IX Coordinator will decide whether to sign a formal complaint alleging sexual harassment against a Respondent and request that the university investigate the allegation of sexual harassment. Accordingly, allegations involving violations of the SD&SH policy will be addressed through the resolution procedures as noted in this policy.

E. The Complainant’s Written Complaint, Supporting Documentation, and Evidence

After meeting with the Title IX Coordinator and submitting a written formal complaint, the Investigator will contact the Complainant to schedule an initial meeting. The Complainant will be provided five (5) business days to prepare a statement and a list of witnesses, and gather evidence and other relevant materials for the initial meeting. If the Complainant wants to meet sooner, they can request to do so.

During the first meeting, the Investigator will invite the Complainant to provide a statement at the meeting; if they want to come in with a prepared statement, the Investigator will review the statement and ask follow-up questions. The Complainant should provide sufficient details, including the identities of the parties involved, if known; the conduct allegedly constituting sexual harassment; and the date(s) and location of the alleged incident(s), if known. The Complainant may also include an explanation as to why they believe the Respondent’s behavior was in violation of university policy; corroborating facts and evidence (inculpatory and exculpatory); the names of witnesses who may have information relevant to the Complainant; other materials, documents or evidence in support of the Complainant; and desired outcome. During this time, the Investigator will also be asking questions. The Complainant will then review such evidence submitted within five (5) business days after the first meeting with the Investigator.

Once the alleged policy violations have been identified, the Investigator will ask the Complainant and their Advisor to review the allegations. An allegations letter will be sent to the Respondent as soon as possible and will include sufficient details of the allegations, including the identities of the parties and witnesses involved, the specific section of this policy that was violated, the conduct allegedly constituting the potential violation, and the date and location of the alleged incident(s). The Investigator may schedule additional meetings with Complainant and their Advisor to respond to questions and to review the Respondent’s and witnesses’ statements, supporting documentation, and evidence. Prior to the issuance of the investigative report, parties and their advisors involved may inspect and review the statements and supporting documents gathered during the investigation and be afforded at least 10 days to submit a written response.

F. The Respondent’s Written Response, Supporting Documentation, and Evidence

The Respondent is presumed innocent until a determination of responsibility, based on a preponderance of the evidence, is made at the conclusion of the process. While reasonable efforts will be made to communicate with the Respondent, delivery occurs when the university sends the letter of allegations to the Respondent’s HPU email address. Prior to meeting with the Investigator, the Title IX Coordinator will schedule a time to meet with the Respondent to go over the process, support measures, role of the advisor, and so forth. The Investigator will then reach out to the Respondent to schedule an initial meeting. The Respondent will be provided five (5) business days to prepare a statement and a list of witnesses, and gather evidence and other relevant materials for the initial meeting. If the Respondent wants to meet sooner, they can request to do so.

During the first meeting, the Investigator will invite the Respondent to provide a statement at the meeting; if they want to come in with a prepared statement and response to the allegations, the Investigator will review the statement and ask follow-up questions. The statement should indicate whether the Respondent admits or denies the allegations and should provide any facts or evidence (inculpatory and exculpatory), including the names of witnesses who may have information relevant to the allegations and other materials in response to the allegations. The statement may also include an explanation as to why the Respondent believes any admitted conduct was not in violation of university policy or was lawful and whether any resolution proposed by the Complainant is or is not appropriate. The Respondent should provide documents, evidence, list of witnesses, and supporting materials, which must be submitted within five (5) business after the first meeting with the Investigator. The Investigator may schedule additional meetings with the Respondent and their Advisor to respond to questions and to review the Complainant’s and witnesses’ statements, supporting documentation, and evidence. Prior to the issuance of the investigative report, parties and their advisors involved may inspect and review the statements and supporting documents gathered during the investigation and be afforded at least 10 days to submit a written response.

If new allegations (including Code of Student Conduct prohibited conduct) are discovered during the investigation, the Investigator will update the parties of the new allegations that were not included in the initial notice. If the Respondent elects not to participate after timely notice the case will be adjudicated in absentia based on information collected through investigation. The Respondent and their Advisor are expected to be present at the Title IX Hearing.

G. Witnesses’ Written Response, Supporting Documentation, and Evidence

The Investigator will contact the witnesses named by the parties to schedule a meeting. During the first meeting, the Investigator will invite a Witness to provide a statement as to what they directly observed or were involved in at the meeting; if they want to come in with a prepared statement/response, the Investigator will review the statement and ask follow-up questions. The statement should provide any facts or evidence, including the names of other individuals who may have information relevant to the allegations and other materials in response to the allegations. Witnesses should submit documents and supporting materials within five (5) business days after the initial meeting with the Investigator.

Statements and evidence that are submitted will be reviewed by parties and their Advisor involved in the case. The Investigator may schedule additional meetings with witnesses to respond to questions and to review other parties’ responses, supporting documentation, and evidence. Witnesses may be called to participate in the live Title IX Hearing.

H. Concurrent Investigations

An investigation conducted under these procedures will be conducted independent of any associated criminal investigation or any other university investigation. If the university determines the issues raised in this investigation may be relevant to its determination in another non-criminal investigation that is simultaneously pending at the university, it may direct that the other investigation be suspended until this investigation and any appeals or administrative reviews are concluded. However, an investigation under these procedures will typically not be suspended pending the conclusion of a criminal investigation or any other investigation, though the fact-finding portion of the investigation may be delayed temporarily while the police are gathering evidence. While the findings and conclusions of one investigation will not determine the outcome of any other, any evidence or findings developed in any university or non-university investigation may be shared with and considered in any other university investigation.

I. Cooperation with University Investigations

Students who fail to cooperate in the investigation, including those who knowingly or recklessly misrepresent any facts or who withhold pertinent information, may be subject to disciplinary action up to and including suspension or dismissal from the university. The knowing or reckless reporting of false allegations of any violation of this policy will be treated as a material breach of HPU’s Code of Student Conduct, subjecting the individual making the false accusations to disciplinary action.

J. Advisor: Support Person

Throughout the process, the Complainant and Respondent may select an adult Advisor of their choice who may be, but is not required to be, an attorney. An advisor provides support, guidance, or advice throughout the process. Individuals who participate in proceedings or are otherwise affiliated with the case in question cannot serve as an Advisor. If one party does not have one, the university will appoint an Advisor. Both parties must complete the FERPA Authorization to Release Education Record Information to allow the Advisor to be present at interviews, meetings, or other proceedings. During the investigation and hearing, Advisors may not respond on behalf of their party; parties may seek advice and consult with their advisor throughout the process.

In a Title IX sexual harassment case, the Advisors will cross-examine parties and witnesses at the live Title IX Hearing. During a Title IX Hearing, the Title IX Hearing Board Chair may impose restrictions regarding (1) the extent to which the Advisor may participate and (2) adopt rules governing the conduct of hearings (e.g., conduct direct and cross-examination in a respectful and non-abusive manner, rules about the timing and length of breaks, forbid participants from disturbing the hearing by loudly conferring with each other, forbid badgering a witness, and deem repetition of the same question irrelevant). The Title IX Hearing Board Chair may require a party to use a different advisor if the original advisor refuses to comply with the rules of decorum.

K. The Investigation

The investigation is fair, impartial, thorough, and prompt. The university will, in good faith, attempt to conclude the investigation and resolution within ninety (90) business days of the Title IX Coordinator receiving the report. If, as a result of the complexity of the case, unavailability of witnesses, or other extenuating facts and circumstances, the investigation cannot reasonably be concluded within the ninety-day (90) period, the Complainant and the Respondent will be provided with written notice of the delay and the reason for the delay.

During the investigation, the Investigator will gather the Complainant’s and Respondent’s statements, witness’ statements, interviews, and review supporting documents and evidence submitted by the parties and witnesses or discovered during the investigation. The final investigative report will include policy allegations; chronology of events; parties’ and witnesses’ statements; interview statements; findings of fact; evidence submitted by parties and witnesses (if applicable); credibility assessment; and summary of findings. It will then be provided to parties and Advisors at least ten (10) business days prior to the Pre-Title IX Hearing so each party can review and provide a written response.

L. Pre-Title IX Hearing

Involving Title IX Sexual Harassment:

Prior to the live Title IX Hearing, the Chair of the hearing board will schedule a pre-hearing with the parties and their advisors within 10 business days of receiving the investigative report. This will be an opportunity for the parties and their Advisors to provide (1) written comments regarding the investigative report, (2) a list of individuals they want to cross-examine at the live hearing, and (3) the cross-examination questions, which the Chair will determine if they will be relevant to the case at the live hearing. Parties will be reminded that questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence: (1) are offered to prove that someone other than the Respondent committed the alleged conduct; or (2) concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

During this time, the Complainant and the Respondent may each raise concerns regarding bias or a potential conflict of interest of hearing board members and others involved in the resolution process by contacting the Title IX Coordinator. The Title IX Coordinator and the Title IX Hearing Board Chair will work together to provide notices to individuals who will be called to participate in the live Title IX Hearing. Furthermore, the Title IX Hearing Board members will convene separately to review the investigative report, identify parties to interview, and questions to pose to participants prior to the live hearing.

Involving Other Violations of Sex Discrimination and Sexual Harassment:

Prior to the live Title IX Hearing, the Chair of the hearing board will schedule a pre-hearing with board members within 10 business days of receiving the investigative report. This will be an opportunity for the board members to:

1. Review the investigative report,

2. Determine a list of individuals they want to question during the live hearing, and

3. Develop the questions members will want to ask at the live hearing.

Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence:

1. Are offered to prove that someone other than the Respondent committed the alleged conduct; or

2. Concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

The Title IX Coordinator and the Title IX Hearing Board Chair will work together to provide notices to individuals who will be called to participate in the live Title IX Hearing.

M. The Title IX Hearing (Live)

Involving Title IX Sexual Harassment:

The Title IX Hearing Board will convene a live hearing to adjudicate and determine, based on the preponderance of the evidence (more likely than not standard), whether the Respondent engaged in prohibited conduct and will be found responsible for violating one or more university policies. The Title IX Hearing will include the following:

a. The Title IX Hearing Board is made up of one or more HPU members, which may consist of faculty and staff. One member of the Title IX Hearing Board will serve as Chair, who will facilitate the meetings, ensure participants adhere to board meeting decorum, and determine if cross-examination questions are relevant. During the hearing, board members will consider findings in the report, consider new evidence if presented at the live hearing, and question the parties and witnesses (if applicable). Participants at the hearing who are disruptive may be removed from the Title IX Hearing by the Chair. The Title IX Coordinator, Responsible Administrator, and/or Title IX Hearing Coordinator (who will advise the hearing board Chair about board procedures) will be present at the Hearing as non-voting participants.

b. The Title IX Hearing Board will determine, based on the preponderance of the evidence (more likely than not standard), whether the Respondent engaged in prohibited conduct or other behavior and therefore violated the Sex Discrimination and Sexual Harassment Policy.

c. A live hearing will be conducted virtually with all parties in separate rooms thereby allowing participants to simultaneously see each other. The Title IX Coordinator will coordinate the virtual meeting and send meeting links to parties and their advisors.

d. At and during the hearing, all evidence will be available to parties, who will be afforded equal opportunity to review, including for purposes of cross-examination.

e. During the live hearing, parties’ Advisors (on behalf of their party) will be allowed to cross-examine. Cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s Advisor and never by party personally. Only relevant cross-examination and other questions, including those challenging credibility, may be asked of a party or witness.

f. Before a question is answered, the Title IX Hearing Board Chair will determine if the question is relevant and explain any decision to exclude a question as not relevant.

g. The live hearing(s) shall be recorded. The record shall be the property of the university and will be made available to parties for inspection and review within five (5) business days after the hearing date. No recording other than by the university will be permitted.

h. Title IX Hearing Board members may ask questions of the parties. They may also take official notice of matters which would be within the general experience of university students. Only relevant cross-examination and other questions, including those challenging credibility, may be asked of a party or witness. Before a party or witness answers a cross-examination or other question, the Chair must determine whether the question is relevant, and explain any decision to exclude a question as not relevant.

i. The Title IX Hearing agenda will include:

i. Introductions

ii. Purpose of Hearing

iii. Hearing decorum/announcements

iv. Review individuals who will participate in the live hearing

v. Parties’ Advisors to call parties and witnesses for cross-examination; hearing board members may direct-examine

vi. Parties to address new evidence (if applicable)

vii. Closing statement from parties to board members (if applicable)

j. If a Respondent, Complainant, or Witness is absent from a hearing or refuses to participate in the hearing, the Title IX Hearing Board members will not rely on any statement of that party or witness in reaching a determination regarding responsibility. However, the board members cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions. Evidence submitted by a party or witness who is not present for cross-examination that points to a behavior (e.g., text message, email, social media posting) will be considered by the hearing board members.

k. If additional information is needed by the Title IX Hearing Board due to new evidence presented, another hearing may be scheduled.

l. The Title IX Hearing Board will make a determination of responsible or not responsible based on the evidence and findings of fact. The Board Chair will submit written findings of facts and the determination of responsibility to the Title IX Coordinator who, in turn, will forward to the Responsible Administrator for the notification of resolution. The Responsible Administrator will then determine the appropriate sanction(s), if applicable.

m. Respondents who fail to appear after timely notice will have their case adjudicated in absentia based on information already collected through investigation.

Involving Other Violations of Sex Discrimination and Sexual Harassment:

The Title IX Hearing Board will convene a live hearing to adjudicate and determine, based on the preponderance of the evidence (more likely than not standard), whether the Respondent engaged in prohibited conduct and will be found responsible for violating university policies. The Title IX Hearing will include the following:

a. The Title IX Hearing Board is made up of one or more HPU members, which may consist of faculty and staff members. One member of the Title IX Hearing Board will serve as Chair, who will facilitate the meetings, ensure participants adhere to board meeting decorum, and determine if cross-examination questions are relevant. During the hearing, board members will consider findings in the report, consider new evidence if presented at the live hearing, and question the parties and witnesses (if applicable). Participants at the hearing who are disruptive may be removed from the Title IX Hearing by the Chair. The Title IX Coordinator, Responsible Administrator, and/or Title IX Hearing Coordinator (who will advise the hearing board Chair about board procedures) will be present at the Hearing as non-voting participants.

c. The Complainant and the Respondent may each raise concerns regarding bias or a potential conflict of interest of hearing board members and others involved in the resolution process by contacting the Title IX Coordinator.

d. A live hearing may be conducted virtually with all parties in separate rooms thereby allowing participants to simultaneously see each other.

e. At and during the hearing, all evidence will be available to parties, who will be afforded equal opportunity to review.

f. During the live hearing, board members will conduct direct, oral, and in real time direct-examination. Only relevant questions, including those challenging credibility, may be asked of a party or witness.

h. The Title IX Hearing agenda will include:

i. Introductions

ii. Purpose of Hearing

iii. Hearing decorum/announcements

iv. Review: Individuals who will participate in a live hearing

v. Board members to direct-examine if applicable

vi. Parties to address new evidence (if applicable)

vii. Closing statement from parties to board members

i. If additional information is needed by the Title IX Hearing Board due to new evidence presented, another hearing may be scheduled.

j. The Title IX Hearing Board will make a determination of responsible or not responsible based on the evidence and findings of fact. The Board Chair will submit written findings of facts and the determination of responsibility to the Title IX Coordinator who, in turn, will forward to the Responsible Administrator for the notification of resolution. The Responsible Administrator will then determine the appropriate sanction(s), if applicable.

k. Respondents who fail to appear after timely notice will have their case adjudicated in absentia based on information already collected through investigation.

N. Resolution and Disciplinary Sanctions

A majority vote within the Title IX Hearing Board is needed to find a student responsible for the allegation(s). Upon receiving the Title IX Hearing Board’s findings, the Responsible Administrator will promptly determine the resolution of the allegations, including the imposition of any disciplinary sanctions, as provided in Section 12 of the Code of Student Conduct. Any person found in violation of this policy may be subject to discipline as described below, depending on the circumstances and the severity of the violation.

The Responsible Administrator(s) and the applicable disciplinary policy will be determined as follows:

The Responsible Administrator for allegations of violations of this policy against a student shall administer any discipline consistent with the Code of Student Conduct. Possible sanctions include fines, community service, loss of privileges, warning, university probation for a specified period of time, suspension (involuntary withdrawal for a specified period of time), or dismissal/expulsion (permanent), and a ban from campus.

If the student is also an employee of the university, the Title IX Coordinator will provide a copy of the findings and recommendation to the Employee Relations Manager, who will work with the respective supervisor to administer any discipline affecting the student’s employment status in consultation with the Assistant Vice President of Human Resources. Possible sanctions include verbal counseling, written warning, reassignment, transfer, suspension of employment, and termination of employment.

The Responsible Administrator will communicate the outcome in writing (“Resolution Letter”) to both the Complainant and the Respondent simultaneously. The written decision will include (1) allegations constituting sex harassment; (2) procedural steps taken of complaint through determination, summarizing notifications, interviews, visits, methods to gather other evidence, and hearings held; (3) findings of fact supporting the determination; (4) conclusions regarding application of the SD&SH policy to facts; (5) a statement of, and rationale for, the result as to each allegations, including determination regarding responsibility; (6) any disciplinary sanctions imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the education program or activity will be provided to the Complainant; and (7) description of appeal procedures. The Responsible Administrator’s Resolution Letter will be sent to the parties’ HPU email address.

O. Appeal Process

Complainants and Respondents with a basis for appeal (as specified below), can submit an online written appeal to the Provost within five (5) business days of the Responsible Administrator’s decision. This appeals process may take twenty (20) to thirty (30) business days to complete. If the more time is needed, the Title IX Coordinator will notify the parties.

When an appeal is submitted, the Title IX Coordinator will notify the other party in writing when an appeal is filed; ensure that the appeal officer is not the Title IX Hearing Board Chair, Investigator, or Title IX Coordinator; give both parties reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome; issue a written decision describing the result; and provide the written decision simultaneously to both parties.

Upon receipt of the online written appeal, the Provost or their designee will consider the appeal. The Provost or their designee will not re-hear the case. Rather, the Provost or their designee will decide if the appeal has merit under the basis for appeal, as outlined below. Basis for appeals include:

a. Procedural irregularity that affected the outcome of the matter.

b. New evidence that was not reasonably available at the time of the determination that affected the outcome of the matter.

c. Conflict or bias on the part of the Title IX Coordinator, investigator, or decision-maker that affected the outcome of the matter.

If there is a merit under a basis for appeal, the Provost or their designee will reconvene the Title IX Hearing Board. The Hearing Board will have up to ten (10) business days to discuss and re-issue their findings to the Provost or their designee. Actions by the Provost or their designee include overturning or maintaining a finding or findings of fact, overturning or maintaining a determination or determinations of a policy violation, overturning sanction(s), imposing new sanction(s), and/or maintaining original sanction(s). The outcome of the appeal is final and binding. The parties will be notified in writing to their HPU email address the final appeal resolution letter.

Sanctions will be held in abeyance during the Provost’s appeal review, unless, at the discretion of the Provost, the continued presence of the student on the campus poses a safety threat to any person, or continuance of daily university operations. No Contact Orders, No Trespass Warnings, and Interim Suspensions will not be held in abeyance during the appeal process.

P. Account Responsibility and Transcript Holds

If a student is found responsible for a violation of the Sex Discrimination and Sexual Harassment Policy, and is suspended or expelled from HPU, the student is still accountable for any outstanding tuition, fees, and housing costs associated with their student account in accordance with the Business Office policies. A Transcript Hold may be placed on the student’s account preventing transcript or academic record access until any financial balance is addressed.

XII. Exhaustion of Remedies

A student may not initiate civil litigation or civil administrative remedies against the university or its employees, agents, officers, or trustees until all the remedies provided by these procedures have been exhausted.

XIII. Waiver of Claims

Failure to submit an appeal within the stated deadlines or to exhaust the remedies provided by these procedures within the time provided will constitute a waiver of the student’s right to pursue any claim against the university in the matter, unless the right to pursue a statutory claim is preserved by law or the university waives this clause in writing.

XIV. Sexual Assault Prevention and Education Programs

Sexual assault prevention and education programs are offered at Hawai‘i Pacific University throughout the year. What follows is a list of resources available to students, faculty and staff:

A. Resources are available in various offices including the Title IX Office, Office of Student Conduct, Dean of Students Office, Counseling and Behavioral Health Services, Athletics, and Housing and Residence Life. Topics include consent, healthy relationships, staying safe on campus, bystander intervention, and more.

B. Educational programs are offered at least once a year on topics such as personal safety issues. These seminars/workshops are coordinated by various departments including the Title IX Office, Student Activities, First-Year Experience, Athletics, Office of Student Conduct, and Housing and Residence Life.

C. Counseling and Behavioral Health Services (CBHS) provides free and confidential counseling to students and consultation and referral services to public and private community providers. During normal business hours, please contact the CBHS department at (808) 687-7076 or counseling@hpu.edu.

D. A counseling referral card is made available to students, faculty and staff. This list includes phone numbers to agencies that help those who need sexual assault counseling and assistance, anger management and/or domestic violence intervention. Hardcopies may be available at various offices, including Academic Advising, Counseling and Behavioral Health Services, Student Activities, First-Year Experience, Office of Student Conduct, and Housing and Residence Life.

E. The Athletics department holds annual meetings with student-athletes to discuss the institutional and departmental policy concerning sex discrimination and sexual assault. Student-athletes also receive copies of the “Student-Athlete Handbook,” which details expectations, policies, procedures and resources.

XV. Resources to Victims and Survivors of Sexual Assault

A. Hawai‘i Pacific University reaffirms the principle that its students, faculty and staff shall be free from sex discrimination. Sexual offenses such as rape, sexual abuse or discrimination in the form of sexual harassment or sexual misconduct will not be tolerated.

B. Preservation of Evidence and Medical Assistance: Evidence collected from a sexual assault can be a powerful tool in a criminal prosecution, if the victim chooses to file a police report. While evidence can be collected and preserved via medical examinations, victims can take steps to preserve evidence as well. To preserve evidence, try not to do any of the following immediately after a sexual assault:

Shower, bathe, use the restroom, douche, comb your hair or brush your teeth.
Change clothes – if you do, put the clothes into paper bags.
Clean up the crime scene or move anything the offender may have touched.

If you suspect that you have been drugged, ask the medical provider about a toxicology kit which tests blood and urine. Medical professionals may also provide emergency contraceptive and Sexually Transmitted Disease (STD) testing. Please contact the Sex Abuse Treatment Center for more information about medical assistance.

C. On-Campus Resources:

1. Counseling and Behavioral Health Services’ (CBHS) primary responsibility is to the student population on campus. CBHS also provides consultation and referral services to public and private community providers. During normal business hours, please contact the CBHS department at (808) 687-7076 (main line) or counseling@hpu.edu.

2. Campus Security: (808) 544-1400

3. Chaplain: A chaplain is a member of the clergy in a specialized ministry and are called upon to serve in a pluralistic environment. Those seeking spiritual support may reach out at (808) 687-7031, or drop by his office during office hours at the Aloha Tower Marketplace, Ste. 1400.

D. Off-Campus Resources:

1. Sex Abuse Treatment Center: Provides care, medical exams, emergency intervention and legal help for assault victims (office: (808) 535-7600, 8 a.m. - 4:30 p.m.). The 24-hour Hotline (phone: (808) 524-7273) provides confidential counseling, as well as medical and legal advocacy services for victims of rape and sexual assault.

2. Domestic Violence Action Center (DVAC): Legal advocacy, confidential counseling, support and other services available. Contact the hotline at 808-531-3771 or textline at 605-956-5680.

3. Hawaii State Coalition Against Domestic Violence: A statewide partnership of domestic violence shelters and programs. Call 808-841-9316 or view their list of resources online at http://hscadv.org/resources/

4. Spouse Abuse Shelter: 24-hour Hotline for women: (808) 841-0822. Hotel vouchers possible for abused men.

E. Self-Protection Tips:

1. While being the victim of an attack is never the fault of the victim, there are self-protective measures you can take to help you reduce the risk of an attack, ward off attackers, or reduce harm during an attack.

2. Be alert for the unexpected and don’t take unnecessary chances. Be extra alert when you are walking by yourself.

3. Walk with someone if you can. HPU Security will provide an escort upon request between any two points on campus.

4. If you are attacked, you may consider using your natural defenses. Make a scene, scream, yell, kick and try to get away. Run toward lights, people or buildings.

5. Do not panic; use your head. It is hard, but try to stay calm. Get a good description of your assailant, if possible.

6. Be alert for suspicious persons or dangerous situations.

7. Do not take chances.

8. Be security conscious; watch out for others and their property.

9. Use a Safety App such as bSafe, SafeUp, UrSafe, Sister.