I. All employees have a right to expect a
workplace free of sexual harassment. All supervisors
have a responsibility to prevent acts of sexual harassment.

II. No employee of the department shall engage
in the sexual harassment of any other employee or prospective employee.

III. Violation of this policy by any employee
may result in disciplinary action up to and including termination.

DEFINITIONS

Departmental Equal Employment Opportunity (EEO)
officer: The commander of the Human Resources Division.

Division-level element: An element headed by a
major or anyone of lower rank who is directly
subordinate to an assistant chief or officer of higher rank.

Employee: Anyone performing work for the department
in any capacity. This includes city officers and all
other personnel (whether elected, appointed, or
otherwise employed) and any person participating as an
advisor, consultant, or otherwise in performing a governmental function.

Manager: An employee in charge of a division- or
higher level element or an officer at the rank of captain or above.

Offender: An employee who has engaged in sexual harassment.

Prospective employee: An individual who is under
consideration for employment with the department.

Sexual harassment: Unwelcome sexual advances,
requests for sexual favors, and other verbal or
physical conduct or visual display of a sexual nature when:

A. Submission to such conduct is made, either
explicitly or implicitly, a term or condition of
an individual’s employment;

B. Submission to or rejection of such conduct
is used as the basis for employment decisions or
for accepting or rejecting the individual for employment;

C. Such conduct has the purpose or effect of
substantially interfering with an individual’s work
performance or application for employment; or

D. Such conduct has the purpose or effect of
creating an intimidating, hostile, or offensive working environment.

Supervisor: An employee who holds the rank of
sergeant/ detective or above or is formally charged
with the responsibility of supervising other employees.

Victim: An employee or prospective employee who
has been subjected to sexual harassment.

MANAGEMENT RESPONSIBILITIES

A. Under the federal Equal Employment
Opportunity Commission (EEOC) guidelines,
managers may be held responsible for sexual
harassment occurring at the workplace by
supervisory-level personnel, coworkers, and
outsiders if they knew, or should have known,
that sexual harassment was occurring.

B. Managers shall ensure compliance with
this policy. All actions or inactions by managers
will be examined to ascertain the extent of their
efforts to control sexual harassment. Failure by
managers to prevent and/or take action against
sexual harassment may be cause for disciplinary action.

C. Managers shall ensure that this policy
and the avenues available for resolution of
sexual harassment issues at the workplace are
communicated to all employees. They shall
also ensure that supervisors are kept aware
of the requirement to guard against the various
types of harassment that might occur within their
areas of responsibility.

D. Each manager shall ensure that the
Chief of Police is informed of all complaints
and that each sexual harassment complaint
is properly investigated and acted upon in
accordance with the procedures outlined in this directive.

SUPERVISORY RESPONSIBILITIES

A. The supervisor represents management
to subordinate employees. Each supervisor is
responsible for taking reasonable measures to
prevent sexual harassment and to stop any
sexual harassment that is occurring within
the department. A supervisor who is aware
of sexual harassment in another element shall
notify the commander (division-level or higher)
of the alleged victim.

B. Failure by a supervisor to control
sexual harassment may be cause for disciplinary
action against the supervisor. Supervisors may
be held to a higher standard of accountability
as management representatives.

INDIVIDUAL RESPONSIBILITIES

All personnel, whether an officer or employee,
must refrain from conduct of a sexual nature
that could be considered inappropriate or
unwelcome in the workplace, including (but
not limited to) the following conduct:

A. Making unwelcome sexual advances or requests for sexual favors;

B. Making remarks of a sexual nature;

C. Using gender-based or sexually abusive language and sexual innuendoes;

D. Visually displaying materials of a sexual nature; and

E. Physical contact of a sexual nature.

“REASONABLE PERSON OF THE SAME GENDER” STANDARD

In determining whether alleged conduct constitutes
sexual harassment, a supervisor, non-supervisor,
or team investigating a complaint of sexual
harassment shall use the “reasonable person of the
same gender” standard. Under this standard, sexual
harassment shall be deemed to have occurred if the
alleged offender’s conduct would be considered sexual
harassment from the perspective of a reasonable
person of the alleged victim’s gender.

COMPLAINT AND INVESTIGATION PROCEDURES

A. Who May File a Complaint

1. Any employee who feels that he or
she is being subjected to sexual harassment
should immediately make a complaint to his
or her immediate supervisor, unless the
supervisor is the alleged offender. If the
immediate supervisor is the alleged offender,
the complaint should be reported to the
supervisor at the next higher level.

Such complaints may also be reported directly
to the departmental EEO officer, the Chief of
Police, or the city’s EEO officer.

2. A prospective employee who feels subjected
to sexual harassment should immediately make
a complaint to the immediate supervisor of the
alleged offender, who should immediately notify
the commander or second in command of the Human
Resources Division to initiate an investigation.

Such complaints may also be reported directly
to the departmental EEO officer, the Chief of
Police, or the city’s EEO officer.

B. Complaint

1. An alleged victim may make an informal complaint,
either verbally or in writing, or a formal complaint
in writing.

a. A formal complaint may be made at any time
the alleged victim desires to do so. It is not
necessary for the alleged victim to make an
informal complaint first or to wait while the
resolution of an informal complaint is pending.

b. A formal complaint should be made on the city
complaint form for reporting discrimination,
harassment, or sexual harassment. Copies of
this form are available in all elements.

2. When making a complaint, the alleged victim
shall name the alleged offender and state the
nature and circumstances of the alleged sexual
harassment. The following basic information is
required in each sexual harassment complaint:

a. Complaining employee’s name, element, and position title;

b. Name of person accused of committing the sexual harassment;

c. Nature and circumstances of alleged sexual
harassment (include duration and circumstances
of sexual harassment; witnesses, if available;
and any employment action taken in relation to
the harassment); and

d. Whether such harassment has been reported
previously and, if recalled, the date and to whom.

3. A team from the Human Resources Division
(HRD) shall promptly investigate the complaint.

a. The team shall be selected by the Chief of
Police or a designee, or, if the Chief is the
alleged offender, by the city’s EEO officer;

b. The team shall consist of at least three
members. Both sexes shall be represented,
and one member shall be the departmental EEO
officer or designee;

c. In order to ensure that all members of the
investigative team possess the investigative
skills necessary to conduct an unbiased
investigation, the Chief of Police may request
assistance from other city departments and
agencies when designating such investigators; and

d. The team shall obtain a case tracking number
from the Professional Standards Office before
initiating the investigation.

C. Investigation

1. The investigation shall be conducted in an
unbiased, fair, and discreet manner, with appropriate
safeguards to maintain confidentiality and
protection from embarrassment.

2. The team shall notify the alleged offender
of his or her right to representation in
accordance with the current collective bargaining
agreement.

3. The team shall allow the alleged offender
to respond to the complaint.

4. The team’s goals will be to ascertain the
facts and contribute to the immediate cessation
of any harassment. In determining whether
conduct constitutes sexual harassment, the
investigators shall consider the record as
a whole and the totality of the circumstances,
such as the nature of the sexual harassment
and the context in which the alleged incidents occurred.

5. The team shall investigate, interview all
witnesses, and prepare a written report that
includes the findings of the investigation.

6. The completed investigation shall be
transmitted to one of the following:

a. Honolulu Police Commission, when the alleged
offender is the Chief of Police;

b. Chief of Police, when the alleged offender
is a deputy chief of police;

c. Chief of Police and both deputy chiefs,
when the alleged offender is an assistant
chief, major, captain, or a civilian equivalent; or

d. Administrative Review Board (ARB), when the
alleged offender is a lieutenant or below or a
civilian equivalent.

7. The reviewing authority shall make and forward
its recommendation to the Chief of Police on any
disciplinary action.

In cases where the alleged offender is the Chief
of Police, the reviewing authority shall make
and forward its recommendation to the Director
of the Department of Human Resources (DHR) or
designee in accordance with the city’s sexual
harassment policy.

8. The complete, original report (with the
department’s recommendation) shall be forwarded
to the Director of the DHR or designee for
review and forwarding to the city’s EEO officer
for final approval. The city’s EEO officer shall be
informed of any prolonged delays in the investigation.
DISCIPLINARY AND OTHER ACTIONS

A. If the complaint is deemed true, the
offender shall be notified in writing of the
investigation results and any disciplinary
action. Additionally, the offender will be
warned that sexual harassment and retaliation
against the victim are violations of federal
and state laws and city and departmental policy.

1. Due process procedures shall be adhered
to when any discipline is imposed. The victim
shall be notified that appropriate disciplinary
action has been taken and that there will be no
retaliation; and

2. All disciplinary actions shall be carried
out in accordance with civil service rules or
applicable collective bargaining agreements.

B. If the complaint is not sustained or is
unsupported by the evidence, the complaint shall
be dismissed. Both parties shall be notified in
writing of the dismissal.

CONFIDENTIALITY

A. During the investigation of a complaint,
the names of the alleged victim and offender
shall remain confidential but may be revealed to the following:

1. Each other;

2. Any employee investigating a complaint;

3. The Chief of Police;

4. The city’s EEO officer;

5. The Director of the DHR or designee;

6. Witnesses to the alleged sexual harassment; and

7. Any other person to whom revealing the
names is necessary for a comprehensive
investigation and a determination regarding disciplinary action.

B. Witnesses and all others involved in the
investigation shall be directed to maintain the
confidentiality of the incident and investigation.
The team’s report, supporting documents, and other
related materials shall remain confidential.

C. The written report on a complaint and
investigation shall remain confidential. In
order to minimize departmental exposure to
liability, inspection of the complaint report
shall be permitted only by the following:

1. Personnel involved in conducting the
investigation and/or managing, supervising,
or disciplining the parties to the complaint;

2. The city’s EEO officer;

3. The Director of the DHR or designee; and

4. Other individuals authorized by law or ordinance.

D. Because the investigation necessitates
that potentially defamatory statements be repeated,
the investigation shall be conducted professionally
and as discreetly as possible, with disclosures
made only when the investigation requires.

RETENTION OF WRITTEN REPORT ON COMPLAINT AND INVESTIGATION

A. General

A complete, confidential record of each
investigation shall be maintained by the
HRD for future reference and proceedings
for the time period and proper disposition
as defined for all such reports.

B. Complaints That Are Upheld

1. Reports and supporting documentation
of complaints that are upheld shall be
retained by the departmental EEO officer
for a period consistent with the current
collective bargaining agreements, civil
service rules, and applicable laws.

2. Thereafter, such documentation
shall be forwarded to the city’s EEO
officer or designee to preserve evidence
that might be needed for legal defense
in cases filed against the city. In
addition, for Bargaining Unit 12 and
excluded personnel, the departmental
EEO officer shall retain a summary
notation of the complaint and investigation
for at least five years after the offender
terminates service as an employee of the department.

C. Complaints That Are Dismissed

Reports of dismissed complaints shall be
forwarded and retained by the city’s EEO
officer or designee for preservation of evidence.

WHEN THE COMPLAINANT IS NOT SATISFIED WITH THE RESOLUTION

When the complainant is not satisfied with
the resolution of the complaint, he or she may:

A. Submit a grievance under the collective
bargaining grievance procedure, if applicable; or

B. File a complaint with the Honolulu Civil
Service Commission, if applicable; or

C. File a complaint with the Hawaii Civil
Rights Commission within 180 calendar days of
the alleged occurrence of sexual harassment, if applicable; or

D. File a complaint with the federal EEOC
within 300 calendar days from the date of the
alleged occurrence of sexual harassment. The
toll-free information number and the local office
number are listed under the Equal Employment
Opportunity Commission in the U.S. Government
section of the telephone directory.

Employees are strongly encouraged to seek internal
remedies before using outside agencies.

NON-RETALIATION

A. There shall be no retaliation or
discrimination against an employee who has
complained of sexual harassment, conducted
an investigation of a complaint, or acted
as a witness during an investigation of a
complaint. Retaliatory conduct is illegal
and constitutes a separate violation of law
and rules. Any retaliation or discriminatory
action should be reported by the victim and
shall be dealt with promptly and severely by management.

B. An employee who retaliates against
another employee or prospective employee
shall be disciplined in accordance with
the provisions of this policy or as
authorized by law, ordinance, or rule.
If the employee to be disciplined is
covered by a collective bargaining
agreement, the disciplinary actions
shall comply with that agreement.

FOLLOW-UP

A. Follow-up inquiries shall be made
by the departmental EEO officer or designee
and the division-level manager to ensure
that harassment has not resumed and the
victim has not suffered retaliation. (If a
division-level manager is the alleged offender,
the inquiries shall be made by the departmental
EEO officer or designee and the manager’s supervisor.)
If inquiries reveal such occurrences, they shall be
promptly and severely dealt with by management.
Management shall notify the DHR and the city’s
EEO officer of the occurrences and their corrective action.

B. Even when the results of inquiries are
inconclusive, the situation shall be closely
monitored and reviewed by the departmental EEO
officer or designee and the division-level
manager in order to ensure that the problem
has been solved. (If a division-level manager
is the alleged offender, the monitoring and
reviewing shall be carried out by the departmental
EEO officer or designee and the manager’s supervisor.)

MALICIOUS AND/OR FALSE COMPLAINT

A. An employee shall not make a malicious and/or false complaint.

B. An employee who makes a malicious and/or
false complaint shall be subject to appropriate
disciplinary action imposed in accordance with
this policy or as authorized by law, ordinance, or rule.

C. Disciplinary action against an employee
making a malicious and/or false complaint shall
not be considered retaliation prohibited by section XI above.

TRAINING

A. All personnel shall complete an annual
training program on sexual harassment.

B. The DHR is responsible for formulating
and coordinating the training program on sexual harassment.

C. An employee’s failure to attend sexual
harassment training may result in disciplinary action.

DISSEMINATION OF INFORMATION

A. The contents of this policy shall be
communicated to all employees, including supervisors.
It may be posted on employee bulletin boards and
at places where applications for employment with
the department are accepted. This information
shall be discussed with new employees in
orientation and training classes and, from time
to time, in departmental staff meetings.
Widespread dissemination of this information
and compliance with this policy will be
evidence of affirmative action in the evaluation
of the city’s antidiscrimination program.

B. In addition, managers shall ensure
that the contents of this policy are again
communicated to all employees on at least an annual basis.

COLLECTIVE BARGAINING AGREEMENTS

In the event of a conflict between this
policy and applicable collective bargaining
agreements, the provisions of the collective
bargaining agreements shall take precedence
unless superseded by law.