23 February 2009 Ferrick CHU Head, Policy & Research Equal Opportunities Commission

1. Preventing Sexual Harassment on Campus 23 February 2009Ferrick CHUHead, Policy & ResearchEqual Opportunities Commission

2. What is Sexual Harassment? • Does teasing girls amount to sexual harassment? • Does exposing body part deliberately amount to sexual harassment? • All my colleagues will join to talk about obscene things once an obscene topic is raised. Do their acts amount to sexual harassment? • Is there any difference between making “funny” remarks and sexual harassment? • Is speaking foul language equal to sexual harassment? • Is forced kissing sexual harassment or indecent assault?

3. Sexual Harassment Two types of sexual harassment: • Against individual person • Sexually hostile / intimidating environment

4. Sexual harassment is… • Person A engages in an unwelcome conduct towards Person B such as: • making sexual advance • requesting for sexual favours • other unwelcome conduct of a sexual nature • A reasonable person having regard to all the circumstances would have anticipated that Person B would be offended, humiliated or intimidated.

5. Some examples • unsolicited physical touch or acts • unwelcome sexual advance • remarks or jokes of a sexual nature • questions or innuendo on a person’s private sex life • display of offensive or pornographic materials • unwelcome invitation • offensive correspondence of a sexual nature • staring or leering on a person or his/her body • unwelcome physical touch • touch or stroke a person’s clothes

6. What is not sexual harassment? • welcome • mutual • consensual • reciprocal acts of a sexual nature, fondling, affection or friendship • .

7. Application • man  woman • woman  man • man  man • woman  woman

8. Application Responsible body or member of the responsible body Student or person who is seeking to be a student Employee Student

9. Campus Traps • orientation camp • picnic • exchange visits • class-association activities • display boards • games • staircases • toilets • playground • library • computer room • laboratory

10. “Victimization” • A person is being treated or threatened to be treated less favourably because he/she has: • lodged or intended to lodge sexual harassment complaint under the Ordinance • provided or intended to provide information or document in relation to a sexual harassment complaint • given or intended to give evidence in court as a witness in a sexual harassment proceedings • reasonably exercising his/her own rights or the rights of othersunder the Ordinance

11. Vicarious Liability • Employers are vicariously liable for the unlawful act done by their employees in the course of employment, unless they have taken reasonably practicable stepsto prevent the unlawful act • Principalsare vicariously liable for the unlawful act done by their agents with the authority(whether express or implied, and whether precedent or subsequent) of the principal concerned • Lack of knowledgeabout the committing of an unlawful act by an employee or agent is not a defence

12. Rights of the aggrieved • To lodge a complaint with the school or employer • To lodge a complaint with the Equal Opportunities Commission (EOC) • EOC will conduct investigation into the complaint and endeavour conciliation • If conciliation fails, the complainant may apply for legal assistance • If criminal offence is involved, the complainant may report to the police

13. Are schools liable for students’ unlawful acts? • Schools are not vicariously under normal circumstances • Under special circumstances, however, schools may incur direct liability • For example: • A school received a sexual harassment complaint on an extracurricular activity organized by students, but did not take any remedial actions. If the school continued to allow such alleged unlawful activity to be held on its premises, it may incur direct liability.

14. Extracurricular activities • If a school has employed or arranged to employ temporary coaches, instructors, etc., the school should be aware of their liability as a “principal” • If the school had not taken any reasonably practicable steps to prevent sexual harassment(e.g., to inform the persons concerned verbally or in writing which clearly stating that the school prohibits and does not tolerate any sexual harassment), as a “principal”, the school may be vicariously liable for the unlawful act.

15. Preventive measures • Develop and implement school-based policy to prevent sexual harassment • Handle sexual harassment complaints seriously • Arrange adequate trainings • Review the policy regularly to ensure its effectiveness • Remove offensive, explicit or obscene items displayed on campus • Develop policy that prohibits improper use of computer technology(e.g., E-mail, screen saver and Internet, etc.）

16. Handling sexualharassment complaints • Appoint liaison officers (both men & women) to handle sexual harassment complaints • Provide information to students / parents and employees on the handling procedures and answer to their questions or worries • Ensure that the students / parents and employees understand the sexual harassment handling procedures so that they know what to do when they encounter sexual harassment

17. Time Bars • Lodging a complaint with the EOC: • within 12 months • Bringing a proceedings: within 2 years

18. Related Resources • A play on Sexual Harassment by Forest Union • “A Mission for Equal Opportunities” training module • On-line sexual harassment course for tertiary students • Fee-charging workshops • Enquiry & Complaint Hotline: 2511-8211 • EOC website: www.eoc.org.hk

19. Q & A