Sexual harassment refers to any unwelcome conduct of a sexual nature that disrupts or negatively impacts students’ performance or enjoyment in their learning environment.

This behaviour does not have to be directly or consciously aimed at a specific student. Examples of sexual harassment may include, but are not limited to, displaying explicit or pornographic materials, engaging in sexual banter, having crude conversations, and telling sexually offensive jokes or participating in sexually inappropriate activities.

Below are some examples of actions that may contribute to a sexually hostile environment in an educational setting:

• Using sexually suggestive cartoons to teach topics that are unrelated to sex.
• During break time or lunch, a group of students congregates in the playground to rate female students who are playing, chatting, or simply present, which may discourage some female students from using the playground.
• In the staff room where both female and male colleagues are present, some individuals display nude images as screensavers on their computers.
• Staff members making sexual jokes or discussing their sex lives in the hearing of other staff or students on school premises.
• A group of students dominating classroom discussions and shifting the topic to sexual matters, which can cause students of the opposite sex to feel uncomfortable and relunctant to participate in the conversation. 

Sexual harassment is unlawful and can result in civil liability. Additionally, behaviours such as indecent assault, stalking, prank calls, and others can carry criminal consequences.

It is important to understand that students, staff, volunteers, contract workers, service providers, and agents of a school can be held personally liable under the law for acts of sexual harassment. A person may also incur personal liability if they instruct someone to harass another person or knowingly assist in sexual harassment, such as by participating in telling obscene jokes.

Schools are required to take “reasonably practicable steps” to prevent sexual harassment. If they fail to do so, they may be held vicariously liable for any unlawful acts of sexual harassment committed by their employees in the course of their duties, even if the schools are unaware of these incidents.

The term “reasonably practicable steps” is not defined in the Sex Discrimination Ordinance (SDO) and is determined on a case-by-case basis. Each school’s circumstances differ in terms of scale, resources, and human resource management.

In general, “reasonably practicable steps” should include the following: formulating and promoting a policy to prevent sexual harassment, organising seminars and training activities, developing a comprehensive complaints mechanism, and providing education and training workshops for staff and students. These actions aim to foster a supportive school culture that helps prevent sexual harassment. It is the school’s responsibility to actively implement these preventive measures to avoid liability in cases of sexual harassment.

A school is typically not held vicariously liable for unlawful acts committed by students, as students are neither employees nor agents of the school. However, a school may face direct liability in certain situations.

For instance, if a complaint of sexual harassment is reported regarding students involved in an extracurricular activity, and the school fails to take any action, this inaction could contribute to a sexually hostile environment for other students, which is prohibited under the Sexual Discrimination Ordinance (SDO)

If a school employs a coach for extracurricular activities, that coach is regarded as an “agent,” and the school acts as the “principal.” The school could be held liable for the coach’s actions if it does not take appropriate measures to prevent sexual harassment.

To demonstrate the school’s commitment to addressing sexual harassment, the management committee should engage with parents, teachers, and staff when developing a comprehensive policy. This approach will ensure the policy is open and transparent, thereby enhancing acceptance among all stakeholders.

Each school has its own unique background, which means that a sexual harassment policy that works for one school may not be effective for another. Schools should develop their own policy for preventing sexual harassment based on our suggested framework, taking into account their specific circumstances, such as size, resources, and staff management practices.

A school’s sexual harassment policy should include the following elements:

• A statement expressing the school’s concern about and commitment to addressing sexual harassment.
• Clear definitions of what constitutes sexual harassment, both legally and behaviourally.
• Information on how to file a complaint within the school, including contact details for the person in charge. Additionally, there should be an option for complainants to file a complaint directly with the Equal Opportunities Commission (EOC) or pursue legal action.
• A commitment to maintaining confidentiality and preventing victimisation related to complaints.
• A brief explanation of the school’s investigation procedures and the potential disciplinary actions that may be taken if a complaint is substantiated.

Once a policy has been established, schools should regularly review and monitor it to ensure effective implementation and that the information remains current. Additionally, schools should remove offensive materials, prevent inappropriate use of technology, and appoint a coordinator to handle staff complaints and address issues related to sexual harassment.

To enhance staff understanding and awareness of sexual harassment, schools should take the following actions:

• Provide new staff with the policy statement and other relevant information on sexual harassment as a standard part of their induction process.
• Regularly distribute or reiterate the policy statement during staff meetings for discussion and reinforcement.
• Include the procedures and guidelines for reporting, handling, and filing complaints in staff handbooks and contracts with service providers.
• Conduct awareness-raising sessions for general staff on sexual harassment issues.
• Ensure that individuals appointed to handle sexual harassment complaints receive appropriate training to effectively manage these cases.

Schools should address sexual harassment in sex education, personal development education, and teacher-led sessions to help students develop positive values and attitudes, raise awareness about sexual harassment, and encourage them to seek help when necessary.

To prevent sexual harassment, schools should provide counselling activities that address students’ personal and social needs while promoting positive values such as gender equality and respect for others. By developing an awareness of these values, students can think critically, solve problems effectively, and build respectful relationships.

To effectively convey the message of preventing sexual harassment in primary and secondary schools, the Equal Opportunities Commission (EOC) has commissioned a professional drama group to perform educational plays on this issue.

Schools can contact the drama group “Forest Union” at 2404 7288 or via email at  forestunionxp@yahoo.com.hk to arrange drama performances focused on the topic of sexual harassment.

• The EOC launches an online learning platform on sexual harassment to enhance the understanding of sexual harassment for both teachers and students.
• The EOC offers free talks and consultancy services. Please visit our training page for further information.
• In addition to organising free talks on the four anti-discrimination ordinances, the EOC provides customised fee-based training workshops on understanding and preventing sexual harassment for educational institutions upon request. Schools can call 2106 2222 for more details.

The Education Bureau (EDB) will periodically organise training programmes on sex education for serving headteachers and teachers. Details and registration information will be published on the Training Calendar on the EDB’s homepage.

The purpose of conciliation is to assist the parties involved in reaching a mutually acceptable resolution with the help of an impartial third party. It should be a voluntary process that promotes an open and fair approach, ensuring equitable treatment for both sides.

The following are the basic principles for handling complaints of sexual harassment:

• The procedures for addressing complaints should be clearly documented in the school policy or a separate complaints procedure.
• All information and records related to a complaint of sexual harassment must be kept confidential and shared only with relevant staff on a need-to-know basis.
• Complaints should be addressed promptly to ensure a swift resolution. Complainants should be protected against victimisation, which is unlawful under Section 9 of the Sex Discrimination Ordinance (SDO), and all parties involved must be treated fairly.
• During the complaint handling process, schools should avoid causing further distress or humiliation to the complainant.
• Care should also be taken to minimise unnecessary distress for other individuals involved in the process.
• Schools must handle cases of suspected sexual harassment involving students or young children discreetly. Investigations may be necessary, regardless of whether complaints are made anonymously.
• Schools should include procedures for handling complaints of sexual harassment in their school-based complaints policy and ensure that these procedures are communicated to all staff and other school personnel. For complaints involving students, schools should ensure that both students and parents understand the rules and the potential disciplinary measures.

After receiving a complaint, the school coordinator should follow these key procedures to address the situation:

• Activate internal procedures for handling complaints of sexual harassment.
• Keep all information and records related to the complaint confidential.
• Inform the alleged harasser of the details of the allegations.
• Communicate to both the complainant and the alleged harasser how the investigation will be conducted and who is responsible for overseeing the investigation.
• If necessary, arrange to prevent contact between the complainant and the alleged harasser during the investigation.
• Provide support and counselling as needed, including offering parents, students, and staff information about sexual harassment and addressing any questions or concerns they may have, such as what to do if they experience sexual harassment.
• Interview the complainant. If the complainant is a student, they have the right to be accompanied by a parent or relative.
• Interview the alleged harasser. If the complainant is a student, they have the right to be accompanied by a parent or relative.
• Interview or obtain written statements from witnesses regarding the complaint.
• Review the evidence and make decisions based on the findings.
• Prepare a written report summarising the investigation and inform the relevant parties of the results in writing.
• Seek advice from the Equal Opportunities Commission (EOC) if necessary.
• Determine whether disciplinary measures or other appropriate actions should be taken.

Details regarding a sexual harassment complaint should only be shared with individuals on a need-to-know basis. It is essential to inform the alleged harasser about the specifics of the complaint, as they play a key role in the case. This approach ensures fairness in the process, adhering to the principles of natural justice.

Schools should consult the Equal Opportunities Commission (EOC) or other relevant organisations, such as the police, if they suspect cases of child abuse. If a case of child abuse is suspected, schools must follow the principles and procedures outlined in the Procedural Guide for Handling Child Abuse Cases (Revised 2007), which was issued by the Social Welfare Department in January 2008. This is essential to protect the interests of the students and minimise the risk of abuse.

According to the Procedural Guide, if a child is suspected of being sexually abused, the school should contact the Family and Child Protective Services Unit of the Social Welfare Department or the Child Abuse Investigation Unit of the police and adhere to the appropriate handling procedures. In cases that are suspected to involve criminal offenses, schools are required to report to the police.

There are specific deadlines for filing a complaint with the Equal Opportunities Commission (EOC) and initiating legal proceedings. If someone has experienced sexual harassment and wishes to submit a written complaint to the EOC, they must do so within 12 months of the incident. Additionally, any decision to pursue legal action in the District Court must be made within 2 years of the incident occurring. Schools may also establish a reasonable time limit for filing complaints, taking into account their unique circumstances and the challenges that may arise in investigating and gathering evidence due to delays in addressing complaints.

Schools have a responsibility to create a working and learning environment free from sexual harassment. They should take reasonably practicable steps to prevent unlawful acts and properly handle complaints of sexual harassment to protect the interests of both staff and students. While sexual harassment is a tort, individuals affected by it can choose to file a complaint with the Equal Opportunities Commission (EOC) or take direct legal action. If someone experiences sexual harassment during their employment or in an educational setting, they can request that their employer or the educational institution address the issue.

If an employer or educational institution ignores the problem, they may be seen as failing to take “reasonably practicable steps” and could be held vicariously liable for the unlawful acts. When the alleged harasser is a student, schools should not only implement fair and appropriate disciplinary measures as outlined in their policies, but they should also provide counselling to help the student change their behaviour. Furthermore, schools must understand that failing to take complaints seriously and not enforcing disciplinary actions against the offender can be interpreted as tolerating sexual harassment. If a school believes that a complaint may involve criminal offences, it should report the matter to the police as soon as possible.