平等机會委员會EQUALOPPORTUNITIESCOMMISSION

1、23 February 2009Ferrick CHUHead, Policy & ResearchEqual Opportunities CommissionPreventing Sexual Harassment on CampusReal Cases(ESCC 5045/07) A male student touched the breast, buttock and back of a female student when they were attending an adventure training camp organized by school. The defendan

2、t was sentenced to 1-month jail yesterday.Ming Pao A young secondary school teacher had a romance affair with a Form 3 girl. He was suspected to have committed indecent assault against the girl, and was sentenced to 4-month jail.(KCCC700140/07) Three 10-year old boys, who are in grade 4, were suspec

3、ted to have indecently assaulted a girl classmate, who has mild-grade interllectual disability, four times in a disabled toilet in school during recess(HCCC121/07) A male student was sentenced to correctional training for forced sexual intercourse and indecent assault against a classmateMing Pao A y

4、oung male teacher in a private school was suspected to have touched a Form 4 girl student several times in the course of invigilation2 Does teasing girls amount to sexual harassment? Does exposing body part deliberately amount to sexual harassment? All my colleagues will join in to talk about obscen

5、e 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?What is Sexual Harassment?T

6、wo types of sexual harassment:Against individual personSexually hostile / intimidating environmentSexual HarassmentSexual harassment isPerson A engages in an unwelcome conduct towards Person B such as:making sexual advancerequesting for sexual favoursother unwelcome conduct of a sexual natureA reaso

7、nable person having regard to all the circumstances would have anticipated that Person B would be offended, humiliated or intimidated.Some examples unsolicited physical touch or acts unwelcome sexual advance remarks or jokes of a sexual nature questions or innuendo on a persons private sex life disp

8、lay 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 persons clothesWhat is not sexual harassment? welcome mutual consensual reciprocal acts of a sexual na

9、ture, fondling, affection or friendship. Application man woman woman man man man woman woman ApplicationResponsible body or member of the responsible bodyStudent or person who is seeking to be a student EmployeeStudentCampus Traps staircases toilets playground library computer room laboratory orient

10、ation camp picnic exchange visits class-association activities display boards games “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 inf

11、ormation 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 OrdinanceVicarious Liability Employers are vicariously liable for t

12、he 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 su

13、bsequent) of the principal concerned Lack of knowledge about the committing of an unlawful act by an employee or agent is not a defenceRights 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 investig

14、ation 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 policeAre schools liable for students unlawful acts? Schools are not vicariously under normal circumstances Und

15、er 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

16、 its premises, it may incur direct liability.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 ha

17、rassment (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.Preventive measures Develop and implement school-based poli

18、cy 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.）Handling sexualharassment complaints Appoint liaison officers (both men & women) to handle sexual harassment complaints Provide information