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VIII.
CORRECTIVE ACTIONS
Executive Policy E1.203
outlines corrective actions as follows:
For students and excluded employees, the University will impose disciplinary actions against any individual found to have violated E1.203. Disciplinary actions shall be reasonably calculated to
- be commensurate
with the seriousness of the offense;
- stop the harassment;
- ensure the harassment
will not recur; and
- assure a workplace
and educational environment free from sexual harassment.
For included employees, the responsible administrator will follow the collective bargaining agreement provisions related to disciplinary actions.
To maintain consistency, the Chancellor and Vice Chancellors will consult with the System Office of Human Resources prior to imposing employee disciplinary actions. Disciplinary actions against students should be consistent with the UH Mānoa Campus Student Conduct Code.
IX.
APPEALS PROCESS
Either the Reporting Party or the Respondent may appeal the decision of the Vice Chancellor.
The Vice Chancellor's decision may be appealed by the Reporting Party or the Respondent to the Chancellor within twenty (20) working days of receipt of the decision. The Chancellor or designee will render a decision on the appeal within twenty (20) working days of receiving the appeal. If an extension of time is needed, the Reporting Party and Respondent shall be notified in writing, and a decision will be made within fifteen (15) working days of the extension.
The standard of review for an appeal of a cause or no cause finding is whether the finding is against the clear weight of the evidence in the record of the case.
If the decision being appealed involves disciplinary action, included employees should appeal under the collective bargaining agreement provisions and timeframes related to disciplinary action.
X.
RETALIATION
Retaliation is a violation of UH policy and applicable law and is a serious offense. Any person bringing a sexual harassment complaint or assisting in the investigation of such a complaint, who believes that he or she has been or is being subjected to retaliatory actions related to his or her involvement in the case, should immediately notify the Investigating Office or the Gender Equity Counselor.
- Persons who believe that they have been subjected to retaliation may file a separate complaint under the procedure outlined in this document.
- The Chancellor or Vice Chancellor may initiate an investigation of retaliation, as outlined in Section IV.
XI.
RELEASE OF INFORMATION
Complete confidentiality cannot be maintained in the process of handling informal and formal complaints. Certain information may be disclosed to appropriate administrators, the Respondent, and witnesses, among others, in order to conduct fact finding, institute remedial action, or informally resolve a complaint. Information may also be disclosed if required by law, rule, regulation, or by order of a court of competent jurisdiction or arbitrator selected under a collective bargaining agreement.
XII.
ANNUAL REPORT
Each February the Gender Equity Counselor shall make public (e.g., post on a UH website) a report on the past calendar year's activities at the UH Mānoa Campus related to sexual harassment complaints.
The report will include information from the Office of the Vice Chancellor for Students and the EEO/AA Office. The report will provide statistics on anonymous complaints, informal complaints, formal complaints, and University-initiated investigations. For each formal complaint, the report will indicate the classification of the Reporting Party and Respondent, the nature of the complaint, the disposition of the complaint, and whether a cause or no cause finding was made, and in the case of a cause finding, whether sanctions were imposed.
The report should also detail all educational efforts made by the UH Mānoa Campus during the past year.
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