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1、平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION123February2009FerrickCHUHead,Policy&ResearchEqualOpportunitiesCommissionPreventing 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 c
2、amp organized by school. The defendant 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
3、boys, who are in grade 4, were suspected 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 as
4、sault against a classmateMing Pao A young male teacher in a private school was suspected to have touched a Form 4 girl student several times in the course of invigilation平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION3 Does teasing girls amount to sexual harassment? Does exposing body part deliberately
5、 amount to sexual harassment? All my colleagues will join in to talk about obscene 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
6、 forced kissing sexual harassment or indecent assault?What is Sexual Harassment?平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION4Two types of sexual harassment:Against individual personSexually hostile / intimidating environmentSexual Harassment平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION5Sexual harassm
7、ent isPerson A engages in an unwelcome conduct towards Person B such as:making sexual advancerequesting for sexual favoursother unwelcome conduct of a sexual natureA reasonable person having regard to all the circumstances would have anticipated that Person B would be offended, humiliated or intimid
8、ated.平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION6Some examplesunsolicited physical touch or acts unwelcome sexual advance remarks or jokes of a sexual nature questions or innuendo on a persons private sex life display of offensive or pornographic materials unwelcome invitation offensive corresponde
9、nce of a sexual nature staring or leering on a person or his/her body unwelcome physical touch touch or stroke a persons clothes平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION7What is not sexual harassment? welcome mutual consensual reciprocal acts of a sexual nature, fondling, affection or friendship.
10、平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION8Application man woman woman man man man woman woman 平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION9ApplicationResponsible body or member of the responsible bodyStudent or person who is seeking to be a student EmployeeStudent平等機會委員會平等機會委員會EQUAL OPPORTUNITIES
11、 COMMISSION10Campus Traps staircases toilets playground library computer room laboratory orientation camp picnic exchange visits class-association activities display boards games 平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION11“Victimization”A person is being treated or threatened to be treated less f
12、avourably because he/she has: lodged or intended to lodge sexual harassment complaint under the Ordinance provided or intended to provide information 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 r
13、easonably exercising his/her own rights or the rights of others under the Ordinance平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION12Vicarious LiabilityEmployers are vicariously liable for the unlawful act done by their employees in the course of employment, unless they have taken reasonably practicable
14、 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 subsequent) of the principal concerned Lack of knowledge about the committing of an unlawful act by an employee or a
15、gent is not a defence平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION13Rights of the aggrievedTo lodge a complaint with the school or employer To lodge a complaint with the Equal Opportunities Commission (EOC) EOC will conduct investigation into the complaint and endeavour conciliation If conciliation f
16、ails, the complainant may apply for legal assistance If criminal offence is involved, the complainant may report to the police平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION14Are schools liable for students unlawful acts?Schools are not vicariously under normal circumstances Under special circumstances
17、, 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 its premises, it may in
18、cur direct liability.平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION15Extracurricular 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 step
19、s to prevent sexual harassment (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.平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COM
20、MISSION16Preventive measuresDevelop and implement school-based policy 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
21、policy that prohibits improper use of computer technology (e.g., E-mail, screen saver and Internet, etc.）平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION17Handling sexualharassment complaintsAppoint liaison officers (both men & women) to handle sexual harassment complaints Provide information to student
22、s / parents and employees on the handling procedures and answer to their questions or worries Ensure that the students / parents and employees understand the sexual harassment handling procedures so that they know what to do when they encounter sexual harassment平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMM
23、ISSION18Time BarsLodgingacomplaintwiththeEOC：within12monthsBringingaproceedings：within2years平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION19Related Resources A play on Sexual Harassment by Forest Union “ A Mission for Equal Opportunities” training module On-line sexual harassment course for tertiary students Fee-charging workshops Enquiry & Complaint Hotline: 2511-8211 EOC website: www.eoc.org.hk平等機會委員會平等機會委員會EQUAL OPPORTUNITIES COMMISSION20Q & A
