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The touching of a person’s intimate parts (such as genitalia, groin, breast, buttocks, mouth, or clothing covering same); touching a person with one’s own intimate parts; or forcing a person to touch another’s intimate parts would be violations of this policy if they occur without effective defined as the sexual penetration of any bodily opening with any object or body part without effective consent.This could be committed by force, threat, intimidation, coercion, or through exploitation of another’s mental or physical condition (such as lack of consciousness, incapacitation due to drugs or alcohol, age, or disability) of which the respondent was actually aware or which a reasonable person in the respondent’s position should have been aware.means taking sexual advantage of another person and includes, without limitation: indecent exposure; causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over him or her; causing the prostitution of another person; recording, photographing, or transmitting images of private sexual activity and/or the intimate parts of another person without effective consent; allowing third parties to observe private sexual acts without effective consent; engaging in voyeurism without effective consent; and knowingly or recklessly exposing another person to a significant risk of sexually transmitted infection, including HIV.

Where alcohol or other substances are involved, incapacitation is determined by how the substance impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments.

It is the policy of the University of Hawaiʻi to provide a safe and comfortable learning and working environment for students and employees.

Sexual harassment is a form of sex discrimination that can undermine the foundation of trust and mutual respect that must prevail for the University to fulfill its educational mission.

Effective consent must be obtained for each instance and each escalation of sexual activity.

Obtaining effective consent is the responsibility of the party initiating sexual activity.