What is EP 1.204?

Interim EP 1.204 addresses violations of the University of Hawai‘i’s policy on Sex Discrimination, Sex-Based Harassment, Sexual Assault, Sexual Exploitation, Domestic and Dating Violence, and Stalking. This policy, in conjunction with Interim Administrative Procedure (AP) 1.204, outlines the expectations for appropriate conduct and resolution processes for addressing conduct that does not meet these standards.

What is EP 1.202?

Historically, EP 1.202 was commonly thought of as the “civil rights” policy that prohibits discrimination based on protected categories as defined under state (e.g., Hawaii Revised Statutes, Chapter 378) and federal laws (e.g., Title VII). Protected categories under these laws include, for example, race, age, religion, veteran status, as well as sex, gender identity and expression, and sexual orientation.

How is EP 1.204 different from EP 1.202 if they both address protected categories under state and federal law?

While there is some overlap between the prohibitions of sex-based harassment and related offenses under EP 1.202 and Interim EP 1.204, the University has decided to place all sex- and gender-based misconduct exclusively under Interim EP 1.204. As outlined in the second paragraph under “Sec. I – Purpose” of EP 1.202, titled “Nondiscrimination, Equal Opportunity, & Affirmative Action Policy,” EP 1.202 will now address all protected categories, other than sex- and gender-based categories. 

In turn, Interim EP 1.204 (2024) includes all forms of sex and gender discrimination and harassment, including behavior occurring on or after August 1, 2024. This includes all sex- and gender-based discrimination, sexual exploitation, and non-gendered stalking.

EP 1.202 may remain applicable to behavior that occurred before August 1, 2024.

Interim EP 1.204 was updated in August 2024 – What’s new?

Interim EP 1.204 was updated in August 2024 to comply with changes in the 2024 Title IX Regulations. Key updates include:

• An expanded definition of Sex Discrimination.
• The term “Sexual Harassment” has been replaced with “Sex-Based Harassment.”
• Mandatory annual training for all employees on these issues.
• A requirement for all employees to report incidents of Sex Discrimination to the Title IX Coordinator.
• Provisions for reasonable modifications for students who are pregnant or have pregnancy-related conditions.

Which version of EP 1.204 governs incidents occurring on or after August 1, 2024?

Interim EP 1.204 effective on August 1, 2024, will govern all applicable conduct occurring from that date forward. Generally, policies apply to incidents occurring after their effective date, while procedures take effect immediately and govern new cases from that point. Cases in progress as of the effective date of revised policies and procedures should continue under the former procedures (e.g., A9.920, which was superseded by AP 1.202 (2023)).  

For questions regarding which policy or procedure applies, please contact your campus Title IX Coordinator.

Intersection with the Law

A number of federal laws and regulations, including Title IX, the Violence Against Women Act, and the Clery Act mandate how institutions respond to allegations of sex discrimination and related misconduct. Additionally, many forms of sex discrimination also constitute violations of Hawaiʻi law.

Who’s Protected?

All members of the campus community, including students, staff, faculty, guests, and visitors are protected by EP 1.204, regardless of sex, sexual orientation, or gender identity. The University maintains jurisdiction over all incidents of sexual misconduct involving members of the campus community, if the conduct occurred within any Educational Program or Activity operated by the University, including those related to admission and employment.

Your Rights & Responsibilities

All members of the campus community, as well as guests and visitors have a right to be free from Sex Discrimination, Retaliation, and Sex-based Harassment. Everyone is expected to conduct themselves in a manner that respects and does not infringe upon the rights of others.

Sanctions

When individuals are found to have violated the policy, the University will impose appropriate sanctions. For additional information about campus crime, state laws, and disclosures related to sexual misconduct, please refer to your campus’s Annual Security Report, posted on your campus’s website.