RCUH Policies and Procedures
of the University of Hawai‘i
3.120 Sexual Harassment
It is the policy of the RCUH to maintain a workplace environment in which all employees can work with security, dignity, and freedom from sexual harassment by anyone, including supervisors, fellow employees, customers, consultants, subcontractors, or suppliers. Sexual harassment is illegal under the Civil Rights Act of 1964.
We require all employees (including supervisors) to comply with EEO and Affirmative Action Program requirements to ensure the workplace is free from all forms of discrimination. The RCUH conducts training and education programs to educate all its employees about EEO and sexual harassment. Training is made available to all RCUH employees (e.g., regular status, temporary, intermittent, student, etc.).
Retaliation Is Prohibited: The RCUH prohibits retaliation against any employee who has made a good-faith complaint of sexual harassment, workplace discrimination, or harassment, or who has cooperated with or been a witness during the investigation of such a complaint.
Violation of this provision may result in severe disciplinary action, up to and including termination of employment.
A. RCUH Employee
1. Attend EEO/sexual harassment training at least once every two years. Dates/times of training sessions will be posted in the “Current News” section of www.rcuh.com.
2. Complete RCUH EEO Complaint Form if sexual harassment has taken place.
B. Principal Investigator
1. Attend EEO/sexual harassment manager’s training at least once every two years. Dates/times of training sessions will be posted in the “Current News” section of www.rcuh.com.
2. If notified by an employee that sexual harassment is taking place, notify the RCUH Director of Human Resources as soon as possible.
3. If requested, participate in a confidential investigation relating to the complaint.
This policy applies to all RCUH employees and supervisors regardless of employment category, status or FTE.
IV. Details of Policy
A. Definition of Sexual Harassment – Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
2. Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3. Such conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
B. Examples of Sexual Harassment – Examples of conduct which may be construed to be sexual harassment:
1. Unwelcome or unwanted sexual advances. This includes patting, pinching, hugging, cornering, kissing, fondling, or any other similar physical contact.
2. Requests or demands for sexual favors. This includes subtle or blatant expectations, pressures, or requests for any type of sexual favor accompanied by an implied or stated promise of preferential treatment or negative consequence concerning employment status.
3. Verbal abuse or kidding that is sexually oriented and considered unacceptable by another individual. This includes commenting about an individual’s body or appearance where such comments go beyond mere courtesy, telling “dirty jokes,” and making other sexually oriented comments or innuendoes.
4. Creating a work environment that is intimidating, hostile, or offensive because of unwelcomed or unwanted sexually oriented conversations, suggestions, gestures, requests, demands, physical contacts, or attentions.
C. EEO/Sexual Harassment Policy Training Is Mandatory – EEO/Sexual Harassment Training is provided by the RCUH each year on each island. All RCUH employees and supervisors of RCUH employees must attend this mandatory session at least once every two years.
D. Employees May File an EEO Complaint – If an employee feels he/she is a victim of sexual harassment and/or retaliation, the employee may file an EEO Complaint. Upon receipt of the complaint, the RCUH will conduct a fact-finding investigation.
E. Employees May Also File Complaints With External Agencies – Complaints may also be filed with external EEO Enforcement Agencies.
A. Procedures for an Employee Filing a Sexual Harassment Complaint
1. Complainants Must Notify a Management Representative: An employee who feels he/she is a victim of sexual harassment should immediately notify his/her immediate supervisor, project manager, Principal Investigator, or the Director of Human Resources.
If an allegation of sexual harassment is made against a non-employee, the Director of Human Resources must be notified. The Director of Human Resources will contact the authorized representatives and inform them of the allegations made against their employee. (For purposes of this policy, a non-employee is any individual representing a vendor, subcontractor, supplier, or consultant who, during his/her course of business, interacts with an RCUH employee.)
2. Complainants Must Complete an EEO Complaint Form: The complainant shall complete the EEO Complaint Form. All complaints received by the above will be kept confidential to the extent possible. All complaints received by the supervisors, managers, or principal investigators are to be reported to the Director of Human Resources immediately.
3. RCUH Will Conduct a Fact-Finding Investigation: Upon receipt of the complaint, the Director of Human Resources will promptly investigate the complaint to determine whether sexual harassment has occurred. The investigation will include holding fact-finding interviews and obtaining written statements from all parties involved. The results and recommendations will be communicated to the employees involved. In the event the allegations are proven true; the Director of Human Resources will ensure that appropriate disciplinary action is taken. Disciplinary action may include termination.
B. Maintaining Confidentiality During a Fact-Finding Process
1. Complaints Will Be Confidential to the Extent Possible: Due to the sensitive nature of complaints of sexual harassment, complaints will be investigated with particular care and will remain confidential to the extent possible. The purpose of this is to protect the confidentiality of the complainant, to encourage the reporting of incidents of sexual harassment, and to protect the reputation of any person wrongfully accused of sexual harassment.
2. Documentation of the Investigation Will Be Kept Separate from the Employee’s Personnel File: None of the documentation obtained during the course of an investigation of sexual harassment will be placed in the complainant’s personnel file.
C. Procedures for Withdrawing a Complaint – A complainant who desires to withdraw his/her complaint under this section shall complete the RCUH Withdrawal of Complaint and Release.
Nelson Sakamoto, Director of Human Resources: (808) 956-6965
VII. Relevant Documents
RCUH EEO Complaint Form
RCUH Withdrawal of Complaint and Release
Policy 3.110 Equal Employment Opportunity
Date Revised: 4/25/17