§304A-120 Campus safety and accountability. (a) The University of Hawaii shall:
(b) All University of Hawaii faculty members are designated as "responsible employees" under Public Law 92-318, Title IX of the federal Education Amendments of 1972, as amended, and shall report any violations of University of Hawaii executive policies regarding sexual misconduct to the Title IX coordinator of the faculty member's campus; provided that any faculty member designated as a confidential advocate pursuant to subsection (a)(6) shall not be a "responsible employee"; provided further that the confidential advocate shall annually provide general statistics to the Title IX coordinator about the number and type of incidents received by the confidential advocate.
(c) All University of Hawaii students and employees shall complete the training required under subsection (a)(1), (a)(2), (a)(3), (a)(4), and (a)(10) or may be subject to fines, sanctions, or other discipline, as deemed appropriate by the University of Hawaii.
(d) The University of Hawaii shall not subject a reporting party or witness who asks for an investigation of sexual misconduct to a disciplinary proceeding or sanction for a violation of the university's policy related to drug or alcohol use unless the university determines that the report of sexual misconduct was not made in good faith.
(e) If the University of Hawaii's code of conduct prohibits sexual activity or certain forms of sexual activity, including same-gender relationships or sexual activity, the university shall not take disciplinary action against individuals reporting sexual misconduct or non-harassing sexual activity related to the incident or other non-harassing sexual activity discovered during an investigation into the reported incident.
(f) The University of Hawaii shall review any disciplinary action taken against a reporting party to determine if there is a link between the disclosed sexual misconduct and the misconduct that led to the reporting party being disciplined.
(g) Nothing in this section shall be construed to limit the University of Hawaii's ability to establish an immunity policy for student conduct violations not mentioned in this section.
(h) No later than March 31, 2017, and every two years thereafter, the University of Hawaii shall conduct a campus climate survey of all students. The University of Hawaii shall submit a report to the legislature no later than twenty days before the convening of each regular session that includes:
(i) The University of Hawaii shall establish policies and procedures to effectuate this section.
(j) For purposes of this section:
"Reporting party" means a student or employee who reports to the University of Hawaii as having experienced an incident of sexual misconduct.
"Sexual harassment" means unwelcome conduct of a sexual nature.
"Sexual misconduct" means an incident of sex-based discrimination, sexual harassment, sexual violence, intimate partner violence, domestic violence, dating violence, sexual exploitation, or violence based on sexual orientation or gender identity or expression.
"Trauma-informed" means an understanding of the complexities of sexual misconduct through training centered on the neurobiological impact of trauma, symptoms of trauma, effective and supportive techniques to address trauma, the influence of societal myths and stereotypes surrounding the causes and impacts of trauma, perpetration methodology, and techniques for conducting an effective investigation. [L 2016, c 208, §2; am L 2017, c 12, §62; am L 2023, c 76, §2]