Preventing
Sexual Harassment
on Campus
23 February 2009
Ferrick CHU
Head, Policy & Research
Equal Opportunities Commission
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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?
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Sexual Harassment
Two types of sexual harassment:
• Against individual person
• Sexually hostile / intimidating
environment
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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.
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Some examples
• unsolicited physical touch or acts
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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
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What is not sexual harassment?
• welcome
• mutual
• consensual
• reciprocal acts of a sexual nature,
fondling, affection or friendship
.
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Application
• man  woman
• woman  man
• man  man
• woman  woman
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Application
Responsible body
or member of the
responsible body
Employee
Student or
person who is
seeking to be a
student
Student
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Campus Traps
• staircases
• orientation camp
• toilets
• picnic
• playground
• exchange visits
• library
• class-association
• computer room
• laboratory
activities
• display boards
• games
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“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
others under the Ordinance
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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 steps to
prevent the unlawful act
• Principals are 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 knowledge about the committing of an unlawful
act by an employee or agent is not a defence
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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
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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.
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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.
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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.）
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Handling sexual
harassment 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
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Time Bars
• Lodging a complaint with the EOC :
within 12 months
• Bringing a proceedings:
within 2 years
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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
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Q&A
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