Know Your Rights

A comprehensive overview of the University of Hawai’i System’s Title IX policy and resources can be found on the Office of Institutional Equity website.

What is TITLE IX?

Title IX is a landmark federal civil right that prohibits sex discrimination in education. Title IX is not just about sports; it is a prohibition against sex-based discrimination in education, which includes:

  • Sex Discrimination
  • Sexual / Gender-Based Harassment
  • Hostile Environment
  • Sexual Exploitation
  • Sex Assault
  • Domestic Violence
  • Dating Violence
  • Stalking

It addresses discrimination against pregnant and parenting students and women in STEM (science, technology, engineering, and math) programs. It also addresses sexual harassment, gender-based discrimination, and sexual violence. Sexual violence includes attempted or completed rape or sexual assault, as well as sexual harassment, stalking, voyeurism, exhibitionism, verbal or physical sexuality-based threats or abuse, and intimate partner violence.

NOTICE OF NON-DISCRIMINATION

Leeward Community College is committed to creating and maintaining a campus culture and community that promotes the academic pursuits and success of our students while providing a safe and conducive learning and working environment for our students and employees. 

As such, discrimination on the basis of race, color, creed, age, gender, sexual orientation, religion, national origin, veteran status, physical or mental disability, or any other form of prohibited discrimination is unacceptable and will not be tolerated in any, a) educational activities, to include academic programs, admissions, recruitment, and financial aid, b) employment activities, and c) institutional functions.

This Notice addresses the prohibitions against sexual misconduct which includes sex-based discrimination, sexual harassment, sexual assault, domestic violence, dating violence, stalking, retaliation, or any other form of sexual violence as specified in the Title IX of the Education Amendments of 1972 and the Violence Against Women Act (VAWA) of 1994.

NONDISCRIMINATION UNDER TITLE IX

Title IX is a federal civil rights law that prohibits gender-based discrimination in educational programs that receive federal financial assistance.

Leeward Community College does not discriminate on the basis of sex in any educational program or activity which it operates, and is required by Title IX and its implementing regulations not to discriminate in such a manner (See also Interim Executive Policy EP 1.204 – Interim Policy and Procedure on Sex Discrimination and Gender-Based Violence).  The University’s prohibition of discrimination in educational programs and activities extends to employment as well as to admission.

For inquiries concerning Title IX please contact our campus Title IX Coordinator (contact information in right-hand column of this page).  Individuals may also contact the federal offices below for information regarding Title IX or to file a formal grievance.

Office for Civil Rights (OCR)

Seattle Office
Office for Civil Rights
U.S. Department of Education
915 Second Avenue Room 3310
Seattle, WA 98174-1099
Telephone: (206) 607-1600
Fax: (206) 607-1601
TDD: (800) 877-8339
Email: OCR.Seattle@ed.gov
http://www.ed.gov/ocr  

U.S. Department of Justice Civil Rights Division

950 Pennsylvania Avenue, N.W.
Educational Opportunities Section, PHB
Washington, D.C. 20530
Telephone: (202) 514-4092 or (877) 292-3804 (toll-free)
Fax: (202) 514-8337
Email: education@usdoj.gov

POLICIES AND PROCEDURES

The following policies, procedures, and codes of conduct highlight the rights and responsibilities of students and employees in ensuring that Leeward Community College is a safe learning and working environment and outlines the process by which the College will respond in addressing reports of sexual misconduct.

UH System Student Conduct Code

Leeward CC Student Conduct Code Procedures (pdf)

University Statement of Nondiscrimination and Affirmative Action, EP1.202 (pdf)

UH Executive Policy, Policy on Consensual Relations, EP1.203

Interim Policy and Procedure on Sex Discrimination and Gender-Based Violence, EP1.204 (pdf)

Discrimination Complaint Procedures for Students, Employees, and Applicants for Admission or Employment, A9.920 (pdf)

TITLE IX - FAQ

Title IX is a landmark federal civil right that prohibits sex discrimination in education. Title IX is not just about sports; it is a prohibition against sex-­‐based discrimination in education. It addresses discrimination against pregnant and parenting students and women in STEM (science, technology, engineering, and math) programs. It also addresses sexual harassment, gender-­‐based discrimination, and sexual violence. Sexual violence includes attempted or completed rape or sexual assault, as well as sexual harassment, stalking, voyeurism, exhibitionism, verbal or physical sexuality-­‐based threats or abuse, and intimate partner violence.

Title IX does not apply to female students only. Title IX protects any person from sex-­‐ based discrimination. Female, male, transgender, and gender non-­‐conforming students, faculty, and staff are protected from any sex-­‐based discrimination, harassment or violence.

For more information, please visit the informative Know Your IX website.

You have rights under specific University of Hawaii and Leeward Community College policies, procedures, and codes of conduct – the most common of which are available on the Leeward Community College Title IX website.

The following is a brief summary of your rights. A more comprehensive summary of your rights is available.

  • You have rights under federal and state laws. Educational, informational, and resource materials are available on the Leeward Community College Title IX website.
  • You have the right to access confidential campus and community resources. While some victims of sexual assault are ready to file a formal (or even public) complaint against an alleged offender right away, others may want time and privacy to sort through their next steps. Thus, these confidential resources are in place to provide victims with assistance while deciding how best to proceed. A list of confidential campus and community resources.
  • You have the right to report an incident to Leeward Community College, whereby an investigation will take place to determine what happened and to resolve your complaint promptly and equitably. The list of the Title IX Coordinators for Leeward Community College.
  • You have the right to report an incident to local law enforcement. A criminal investigation is separate and distinct from the Leeward Community College response. Reports made to Leeward Community College regarding prohibited behavior will not necessarily trigger a report to law enforcement. Should you wish to report allegations to law enforcement or initiate civil proceedings, you may do so at any time, and Leeward Community College will not interfere with any such processes

Leeward Community College encourages victims of sexual violence to talk to somebody about what happened – so victims can get the support they may need and so the College can respond appropriately. While some victims of sexual assault are ready to file a formal complaint against an alleged offender, others may want time and privacy to sort through their next steps.

Leeward Community College and the University of Hawaii have many resources available to victims and survivors of sexual harassment, sexual assault, and domestic violence. There are also local and national resources that victims and survivors may want to consider contacting. Any of these resources can work independently, or in a coordinated response plan on your behalf.

  1. EMERGENCY: If anyone is in immediate danger or needs immediate help, call 911

  2. Support Services
  • College Mental Health Professionals
    Mental Health Professionals can provide emotional support as you process the many options available. Mental Health Professionals are considered confidential, meaning that assistance can be received without placing the College on notice of a specific incident. This is so you can receive assistance while still retaining control of your decision to report an incident to the College and/or law enforcement. A Mental Health Professional is available to Leeward Community College students. Hours of Operation: Wednesday and Thursday by appointment; Telephone: 808-455-0516
  • University Advocacy Support
    The many resources available can sometimes be overwhelming. As such, advocates can assist with navigating the many options available and help to provide improved access to resources. Advocacy Offices are where individuals can seek information, options and specific support about their rights and resources. Advocacy is often considered a confidential resource. Before revealing any information, please make sure you understand the reporting obligations of the person you are speaking to.
    The UH-­Manoa Office of Gender Equity is available to Leeward Community College students and offers information, counseling, and advocacy on matters related to sexual harassment and discrimination. Telephone: 808-­‐956-­‐9977
  • Community Resources
    In addition to the resources available through the College or University, there are also local and national resources you may want to consider contacting. The resources listed are provided for informational purposes only.
  • Medical Options
    • The Student Health Center and their services are provided to Leeward Community College through a partnership with the University of Hawaii-­Manoa. The Student Health Center is a confidential resource, meaning that assistance can be received without placing the College on notice of a specific incident. This is so people can receive medical assistance while still retaining control of an individual decision to report an incident to the College and/or law enforcement. The Student Health Center is available to all Leeward Community College students and is located in the AD 122. The facility is staff by a physician and a nurse. Hours of Operation: Monday­‐Friday, 8:00 a.m. to 4:30 p.m. Telephone: 808-455-0515.
    • Medical Care and Evidence Collection Although going to the hospital after a sexual assault may feel overwhelming, it is a safe place to get help. For example, at the Kapiolani Medical Center for Women & Children, the acute forensic examination is available to adults and minors, females and males. Examinations are done within 72 hours of a sexual assault. If you are worried about sexually transmitted infections, HIV or other medical concerns, even if it is over 72 hours since the assault, it is important to seek medical care. Medical care following a sexual assault is important even if you have no visible injuries.
      The acute forensic examination will:
      • Ensure that you are physically all right and address concerns about the risks of sexually transmitted infections, pregnancy, and HIV.
      • It is a good idea to collect and preserve any evidence, even if you do not want to report the assault to the police. Sometimes people change their minds and decide later that they want to pursue legal action.

      To preserve evidence:

      • It is best to not wash, bathe, douche, or brush your teeth (if oral activity took place). If you have cleaned up, you can and should still get a medical examination.
      • If you have not changed the clothing you were wearing at the time of the assault, wear these clothes so that evidence can be collected at the time of the examination. If possible, bring a change of clothing.
      • If you do change clothes, put each article of clothing you were wearing in a separate paper bag and bring everything to the hospital.
      • Do not clean or disturb the physical location where the assault occurred.
      • If you suspect that you were a victim of a rape drug, medical care for testing and collecting evidence as soon as possible is important. These drugs leave your system very quickly.
    • More detailed information
  • Safety Options
    • Campus Safety Office: Leeward Community College is committed to providing a learning and working environment that is safe and secure. As part of this commitment, trained and properly equipped security officers are stationed at both the Pearl City and Waianae locations.Reporting an incident of sexual violence to Campus Security will put the College on notice of an allegation. Further, the College must use this information when compiling and publishing annual statistics for certain crimes reported that occur on or adjacent to College properties.
    • Interim Measures are services, accommodations, or other assistance that the College puts in place for Reporting Parties after receiving notice of an allegation of a violation of this Policy and before any outcomes – investigatory, disciplinary, or remedial – have been determined. This is to preserve the Reporting Party’s educational experience, ensure the safety of all parties and the broader College community, maintain the integrity of the investigative and/or resolution process, and deter retaliation. The College may provide Interim Measures regardless of whether the Reporting Party seeks formal disciplinary action.
    • Obtain a Protective Order: You have a right to live in a safe environment, free from the threat of harm from a family member or acquaintance. If someone you know is engaging in a pattern of harassment (including physical or sexual violence, verbal threats, property damage or stalking), you can seek protection by obtaining a temporary restraining order (TRO) against the perpetrator. If you need to extend your protection for up to three years, you can obtain an injunction at District Court, or, if the TRO is against a household or family member, you make a request for a protective order at Family Court. If granted, the order sets guidelines aimed at protecting you. This can include prohibiting the defendant from calling or visiting you. Please ensure that a give a copy of the TRO to the College’s Campus Security Office.
  • Reporting Options Please be aware that a criminal investigation is separate and distinct from Leeward Community College’s institutional response. You may choose to pursue both, one, or neither of these options, depending on your individual decision. These options are available simultaneously, and the College will cooperate with law enforcement agencies if a criminal investigation occurs.
    • Report to the College: The Title IX Coordinators have the responsibility of coordinating the College’s response efforts. Information shared with any of the three Title IX Coordinators will put the College on notice of an allegation.
    • Report to Law Enforcement: The decision to report to law enforcement is entirely yours. Some survivors say that reporting and seeking justice helped them recover and regain a sense of control over their lives. Understanding how to report and learning more about the experience can take away some of the unknowns and help you feel more prepared.
    • More information on reporting is available at the National Sexual Assault Hotline.

While victims of sexual assault may be ready to file a formal (or even public) complaint against an alleged offender right away, others may want time and privacy to sort through their next steps. For some, having a confidential place to go can mean the difference between getting help and staying silent.

If you want confidentiality, there are places available for confidential advice and support: a list of Confidential Resources

Even if you first request confidentiality, you retain the right to file a complaint with Leeward Community College or report the incident to local law enforcement, and thus have the incident fully investigated.

To file a complaint or report an incident with Leeward Community College, please contact one of our Title IX Coordinators.

All other University personnel and programs will uphold the privacy of all parties to the extent practicable, but once the College has notice of alleged prohibited behavior, the Title IX Coordinator, the Dean of Students Office, the EEO/AA Office, and/or other appropriate College office is obligated to take appropriate and immediate action.

Remember that different employees on campus have different abilities to maintain a victim’s confidentiality. Before revealing any information, please make sure you understand the reporting obligations of the person you are speaking to.

Online training to be released soon. Notice will be sent to all students when the training is available.

All UH employees are required to complete training on Title IX, Violence Against Women Act (VAWA), and relevant UH Policies regardless of any other previous training that you have attended. The mandatory training requirement for all UH employees shall be fulfilled by completing the online Law Room training program