Policy on Sexual Harassment

CYMCA Secondary School (CYMCASS) would not tolerate sexual harassment and harassment on the ground of sexual orientation. The policy on handling sexual harassment applies to both men and women. All staff members of CYMCASS should be acquainted with this policy and are encouraged to report cases of sexual harassment to the Principal. Any staff member who is found to have contravened the CYMCASS’s policy will be subject to disciplinary action. Third parties acting on behalf of CYMCASS are also required to abide by this policy.

Chapter 480 – Sex Discrimination Ordinance

Legal Definition of Sexual Harassment

A person (howsoever described) sexually harasses a woman if -

(a)  the person –

(i) makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to her; or

(ii) engages in other unwelcome conduct of a sexual nature in relation to her,  in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that she would be offended, humiliated or intimidated; or

(b)  the person, alone or together with other persons, engages in conduct of a sexual nature which creates a hostile or intimidating environment for her.

It should be noted that the Ordinance covers sexual harassment of both men and women, and the above definition shall have effect regarding sexual harassment of men with such modifications as are necessary.  (Section 2 (8) of the Ordinance)

 

Section 23:  Employees, etc.

(1)  It is unlawful for a person, in relation to employment by him at an establishment in Hong Kong, to sexually harass a woman who is seeking to be employed by the person.

(2)    It is unlawful for a person, in the case of a woman employed by him at an establishment in Hong Kong, to sexually harass her.

(3)   It is unlawful for a person who is employed by another person at an establishment in Hong Kong to sexually harass a woman who is seeking to be, or who is, employed by that second-mentioned person.

(4)   It is unlawful for the principal, in relation to work to which section 13 applies, to sexually harass a woman who is a contract worker.

(5)    It is unlawful for a contract worker to sexually harass a woman who is a fellow contract worker.

(6)   It is unlawful for a partner in a firm to sexually harass a woman who is seeking to be, or who is, a partner in the firm.

(7)  Subsection (6) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.

(8)    Section 15 (6) shall apply to subsection (6) as it applies to section 15 (1).

(9)   It is unlawful for the principal, in relation to work to which section 20 applies, to sexually harass a woman who is a commission agent.

(10)  It is unlawful for a commission agent to sexually harass a woman who is a fellow commission agent.

(11)  It is unlawful for a person who is seeking to be, or who is, employed by a woman at an establishment in Hong Kong to sexually harass her.

(12)  It is unlawful for a person residing in any premises to sexually harass a woman -

(a)  employed by another person at an establishment in Hong Kong (and whether or not that other person also resides in those premises or those premises are that establishment); and

(b)  carrying out in those premises all or part of her work in relation to her employment (and whether or not she also resides in those premises).

 

Section 39:  Educational Establishments

(1)   It is unlawful for a person who is, or is a member of, the responsible body for an educational establishment to sexually harass a woman who is seeking to be, or who is, a student of the establishment.

(2)   It is unlawful for a person who is a member of the staff of an educational establishment to sexually harass a woman who is seeking to be, or who is, a student of the establishment.

(3) It is unlawful for a person who is a student of an educational establishment to sexually harass a woman who is seeking to be, or who is, a student of the establishment.

(4)   It is unlawful for a person who is seeking to be, or who is, a student of an educational establishment to sexually harass a woman -

(a)   who is, or is a member of, the responsible body for; or

(b)   who is a member of the staff of, the establishment.

 

Dealing with Sexual Harassment

Speak up at the time.  Tell the harasser that his/her behaviour is unwanted and has to stop.

Keep a written record of the incidents, including dates, time, places, presence of any witnesses, nature of the harassment (what the harasser said and did) and own responses.

Consult your Department Head or any other supervisory personnel with whom you feel comfortable.  You and/or the person you consulted may seek initial advice from the Vice Principals.

If conciliation and other informal measures could not resolve the problem, you can formally lodge a written complaint with the Principal.

 

Examples of Sexual Harassment

 

The following may constitute sexual harassment:

 

Repeated attempts to make a date, despite being told “NO” each time;

Comments with sexual innuendoes and suggestive or insulting sounds;

Relentless humour and jokes about sex or gender in general;

Sexual propositions or other pressure for sex;

Implied or overt threats for sex;

Obscene gestures or inappropriate touching (e.g., patting, touching, kissing or inching);

Persistent phone calls or letters asking for a personal or sexual relationship;

Displaying sexually obscene or suggestive photographs or literature.

 

(The above examples are taken from the pamphlet “Preventing & Dealing with Sexual Harassment” issued by the Equal Opportunities Commission.)