Clery Act

1. Purpose

Brigham Young University–Hawaii (“BYU–Hawaii” or “university”) is committed to providing “an example to the world of intercultural peace and unity through living the teachings of Jesus Christ.” (BYU–Hawaii Vision Statement)

2. Policy

Accordingly, the university is committed to creating a campus environment that is safe and that adheres to all federal campus safety laws, including

• The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), 20 U.S.C. § 1092(f) 
• Missing Person Procedures, 20 U.S.C. § 1092(j) 
• Drug and Alcohol Abuse Prevention, 20 U.S.C. § 1011i(a)(1) 

The university’s compliance with the above laws constitutes the university’s Clery Act compliance program.

3. Implementation

3.1 Definitions

The following terms have the definitions given to them, if any, in the Clery Act regulations, 34 C.F.R. § 668.46(a). For convenience, those definitions are restated here. If discrepancies exist between these definitions and those in the Clery Act regulations, the regulatory definitions prevail.

For purposes of this policy, key terms are defined as follows:

3.1.1 Campus Security Authority (CSA)

 

1. any employee, independent contractor, or volunteer of Campus Security;  
2. any individual who has responsibility for campus security but who is not an employee, independent contractor, or volunteer of Campus Security;  
3. any individual or campus unit specified in BYU–Hawaii’s Annual Security Report as an individual or campus unit to which students and employees should report criminal offenses (Timely Warning and Emergency Notification Campus Security Authority or “TWEN CSAs”) (see Section 3.3.3 Victim or Witness Crime Reporting for a complete list of these); and  
4. any university official who has significant responsibility for student and campus activities, including, but not limited to, campus security, student housing, and student discipline. 

3.1.2 Clery Act Crimes

Clery Act Crimes means arson, aggravated assault, burglary, Dating Violence, Domestic Violence, fondling, incest, motor vehicle theft, murder, manslaughter, Rape, robbery, Statutory Rape, and Stalking; intimidation, larceny, simple assault, and vandalism motivated by bias against the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability; and arrests and referrals for campus disciplinary actions for violations involving drugs, alcohol, and weapons.

3.1.3 Clery Act Geography

 

Clery Act Geography means buildings and property that are part of the university’s campus, non-campus buildings and property owned or controlled by BYU–Hawaii that are used in direct support of or in relation to BYU–Hawaii’s educational purposes and are frequently used by students, and public property within or immediately adjacent to and accessible from campus. For a map of on-campus Clery Act Geography, see the university’s Annual Security Report.

3.1.4 Dating Violence

For the purposes of complying with Clery Act requirements, including the reporting of Clery Act crimes, Dating Violence means violence, including but not limited to sexual or physical abuse or the threat of such abuse, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship is determined based on the reporting party’s statement and with consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship. Dating Violence does not include acts covered under the definition of Domestic Violence.

3.1.5 Domestic Violence

For the purposes of complying with Clery Act requirements, including the reporting of Clery Act Crimes, Domestic Violence means a felony or misdemeanor crime of violence committed by:

1. a current or former spouse or intimate partner of the victim; 
   
2. by a person with whom the victim shares a child in common; 
   
3. by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; 
   
4. by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or 
   
5. by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

3.1.6 Emergency Notification

Emergency Notification means a report to a segment or segments of the campus community regarding a confirmed significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on-campus.

3.1.7 Emergency Notification Situation

Emergency Notification Situation means circumstances that require the issuance of an Emergency Notification.

3.1.8 Pastoral Counselor

Pastoral Counselor means a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a Pastoral Counselor. An individual who is not yet licensed or certified as a counselor but is acting in that role under the supervision of an individual who meets the definition of a Pastoral Counselor is considered to be a Pastoral Counselor for the purposes of the Clery Act.

3.1.9 Professional Counselor

 

Professional Counselor means a person whose official responsibilities include providing mental health counseling to members of the campus community and who is functioning within the scope of his or her license or certification. This includes professional counselors who are not employees of the university but are under contract to provide counseling to the campus community. An individual who is not yet licensed or certified as a counselor but is acting in that role under the supervision of an individual who meets the definition of a Professional Counselor is considered to be a Professional Counselor for the purposes of the Clery Act.

3.1.10 Sexual Assault

 
Sexual Assault means an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI's UCR program.2

• Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. 
• Fondling:  The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity 
• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 
• Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent. 

3.1.11 Sex Crime

Sex Crimes means an act of Dating Violence, Domestic Violence, Sexual Assault, or Stalking.

3.1.12 Stalking

 
Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

1. fear for the person's safety or the safety of others; or  
   
2. suffer substantial emotional distress. 

For the purposes of complying with Clery Act requirements, including the reporting of Clery Act Crimes, Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

1. fear for the person's safety or the safety of others; or 
   
2. suffer substantial emotional distress.  

For the purposes of this definition:

1. “Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. 
   
2. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.3 

3.1.13 Timely Warning

Timely Warning means a report to the campus community of a Clery Act Crime in the Clery Act Geography that is reported to a TWEN CSA (see Campus Security Authority definition) or to a local police agency when the university considers that crime to represent a threat to students or employees.

3.1.14 Timely Warning Situation

Timely Warning Situation means circumstances that require the issuance of a Timely Warning.

3.1.15 Timely Warning and Emergency Notification Committee

Timely Warning and Emergency Notification Committee means a committee operating under the Emergency Alerts to Campus Community policy.

3.2 Campus Safety

Campus safety requires the active participation of all university community members, including employees, students, volunteers, program participants, and visitors.

The university prohibits anyone from committing any criminal act within the Clery Act Geography. Criminal acts are contrary to the teachings of The Church of Jesus Christ of Latter-day Saints, the university’s sponsoring institution, and the Church Educational System (CES) Honor Code.

The university may take action under the law and university policies to address criminal acts committed by anyone within BYU–Hawaii’s Clery Act Geography.

3.3 Federal Campus Safety Laws

As required by law, the university adopts the following:

• Timely Warnings4 
  
• Annual disclosure of crime statistics5 
  
• Victim or witness crime reports6 
  
• Security of campus facilities7 
  
• Campus law enforcement8 
  
• Reporting of all crimes9 
  
• Off-campus student organizations10 
  
• Emergency response and evacuation notification procedures11 
  
• Preventing Sex Crimes12 
  
• Responding to Sex Crimes13 
  
• Victims of Sex Crimes14 
  
• Missing students15 

The following university policies also fulfill federal campus safety policy requirements:

• Drug-Free School policy16 
  
• Sex Discrimination policy17 

The following policies are presented in the order used by the regulations that require them.

3.3.1 Timely Warnings

Employees in various university offices monitor each campus to identify Timely Warning Situations. Reports of possible Timely Warning Situations are relayed to TWEN CSAs through university processes.

When a TWEN CSA receives information about a possible Timely Warning Situation, that TWEN CSA relays the information to the relevant campus’s Timely Warning and Emergency Notification Committee (TWEN Committee).

When a TWEN CSA relays information regarding a possible Timely Warning Situation to the university’s TWEN Committee, that TWEN Committee decides in accordance with the procedures described in its policy whether a Timely Warning is required.

The TWEN Committee issues Timely Warnings in a manner that

• is timely; 
  
• withholds as confidential the names and other identifying information of victims; and 
  
• aids in the prevention of similar crimes. 
  

Each time the TWEN Committee decides whether to issue a Timely Warning, that TWEN Committee documents in writing that decision and promptly shares that documentation with the Office of Compliance & Ethics.

Each TWEN Committee member is authorized to issue a Timely Warning on behalf of its campus’s TWEN Committee if a timely TWEN Committee meeting is not feasible under the circumstances.

The university is not required to provide a Timely Warning with respect to a Clery Act Crime reported to a Pastoral Counselor or a Professional Counselor acting in that capacity.

3.3.2 Annual Disclosure of Crime Statistics

A CSA must report any alleged Clery Act Crime that may have occurred within the Clery Act Geography using the form available at reportaconcern.byuh.edu and selecting Campus Safety & Security Incident Report. University employees use CSA reports to compile crime statistics each year as required by the Clery Act. As required by the Clery Act, these statistics are

• disclosed annually to current employees and students, 
  
• disclosed to prospective employees and students, 
  
• submitted annually to the U.S. Department of Education; and 
  
• available publicly at safetyandsecurity.byuh.edu/clery-report. 

Campus Security is responsible for the collection and compilation of crime statistics for the disclosures required above.

Statistics are collected from the following sources:

• Campus Safety & Security, 
  
• Campus security authorities (CSAs), 
  
• Office of Honor, 
  
• Residential Living, 
  
• Title IX, 
  
• EthicsPoint compliance hotline, 
  
• Report a Concern, and 
  
• Honolulu Police Department. 
  

A CSA who violates the requirements of this section may be subject to disciplinary action.

3.3.3 Victim or Witness Crime Reporting

A victim or witness of a Clery Act Crime may submit via reportaconcern.byuh.edu an anonymous report of an alleged Clery Act Crime occurring within the Clery Act Geography for inclusion in the annual disclosure of crime statistics. (See Annual Disclosure of Crime Statistics section above.)

The following is a list of the titles of each person or organization to whom students and employees should report Clery Act Crimes for the purposes of making Timely Warnings and the annual disclosure of crime statistics.

TWEN CSA’s are:

• campus security employees 
• campus safety and risk manager 
• chief compliance officer 
• student life vice president  
• advancement vice president 
• operations vice president 
• counseling services director

3.3.4 Security of Campus Facilities

University-owned and -controlled facilities are secured in ways appropriate to each facility. University employees consider the security of each facility when making facility maintenance decisions and prioritize safety- or security-related issues that may arise.

As described in the Banning policy, the university retains the right to restrict access to university property.

3.3.4.1 Campus Residences

The university provides card- access to on-campus residential living quarters only to the assigned tenants and to select employees.

3.3.4.2 Non-Residential Facilities

Most non-residential facilities on the campus are unlocked during regular business hours.

3.3.5 Campus Security

Campus Security provides the university’s security services for campus. When acting on behalf of Campus Security, employees and independent contractors may assert the university’s rights as a private property owner, but they do not exercise law enforcement authority and do not make arrests.

3.3.6 Reporting of Crimes to Law Enforcement

The university encourages accurate and prompt reporting of all crimes that occur to law enforcement, including by others when the victim of a crime elects to, or is unable to, make such a report. Immediate reporting allows law enforcement to identify crimes and situations that pose an immediate or ongoing threat to the campus community and prevent future crime.

Individuals may report crimes that occur on-campus to Campus Security or to Honolulu Police Department and crimes that occur elsewhere to the relevant local law enforcement agency.

3.3.7 Off-Campus Student Organizations

The university does not recognize off-campus student organizations. (See Student Organizations policy and Student Activities policy.)

3.3.8 Emergency Response and Evacuation Notification Procedures

Employees in various university offices monitor campus to identify situations that might involve a threat to health or safety. Reports of these possible or actual threats are relayed to TWEN CSAs through university processes.

Once a threat or potential threat has been identified by a TWEN CSA, the TWEN CSA relays the information regarding the threat or potential threat to the TWEN Committee. The TWEN Committee then evaluates all reasonably available information to determine whether there is an Emergency Notification Situation.

If the TWEN Committee confirms there is an Emergency Notification Situation, that TWEN Committee issues an Emergency Notification in accordance with the Emergency Notification Procedure described below.

If a campus’s TWEN Committee confirms there is not an Emergency Notification Situation, the TWEN Committee documents in writing the facts that led to its decision not to issue an Emergency Notification and promptly shares that documentation with the Office of Compliance & Ethics.

3.3.8.1 Emergency Notification Procedure

When the TWEN Committee has confirmed that a significant emergency or dangerous situation is occurring on-campus that involves an immediate or impending threat to the health or safety of students or employees, the TWEN Committee follows the Emergency Notifications to Campus Community policy.

3.3.8.2 Emergency Response and Evacuation Procedure Tests

The university tests its emergency response and evacuation procedures at least annually, including by

• holding tests that may be announced or unannounced; 
  
• publicizing its emergency response and evacuation procedures in conjunction with at least one test per calendar year; and 
  
• documenting, for each test, a description of the exercise, the date, time, and whether it was announced or unannounced. 

These tests are conducted by Campus Safety and other relevant campus units. Documentation regarding these tests is maintained by the sponsoring and participating campus units and reported to the Office of Compliance & Ethics.

3.3.9 Preventing Sex Crimes

The university offers programs to prevent Sex Crimes and to promote awareness of Sex Crimes. These programs include

• training for employees and all individuals involved in administering the Sex-based Harassment Grievance Procedures, as required by the Sex Discrimination policy 
  
• training for all incoming students and new employees on 
  
• the university’s prohibition on Sex Crimes (see the Sex Discrimination policy) 
  
• the definitions of Dating Violence, Domestic Violence, Sexual Assault, and Stalking 
  
• the definition of “consent” in reference to sexual activity in Hawaii 
  
• a description of safe and positive options for bystander intervention 
  
• information on risk reduction, or options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence 
  
• the Sex Discrimination policy and the Sex-based Harassment Grievance procedures 
  
• awareness programs, which means events, initiatives, and strategies that aim to share information and resources to prevent violence, promote safety, and reduce the occurrence of Sex Crimes 
  
• ongoing prevention and awareness campaigns, which means marketing or outreach efforts that aim to prevent and raise awareness of Sex Crimes 
  
• primary prevention programs, which means events, initiatives, and strategies that aim to foster healthy and safe relationships and thereby prevent Sex Crimes  
  

For descriptions of the specific programs to prevent Sex Crimes offered by the university in the most recent calendar year, see the Annual Security Report.

3.3.10 Responding to Sex Crimes

University employees respond to allegations of Sex Crimes that involve members of the campus community or participants in university programs or activities or that occurred within the Clery Act Geography in accordance with university policies, including the following:

• CES Honor Code 
  
• Protection of Minors policy 
  
• Nondiscrimination and Equal Opportunity policy 
  
• Personnel Conduct policy 
  
• Sex Discrimination policy 

3.3.11 Victims of Sex Crimes

A victim of a recent Sex Crime should

1. preserve evidence and 
   
2. report the Sex Crime. 

3.3.11.1 Preserve Evidence

Preserving evidence may assist law enforcement agencies investigating reports of Sexual Assault and may be helpful in obtaining protective orders.

A victim of a Sex Crime who intends to report it to law enforcement should not bathe, shower, or use toothpaste or mouthwash after the incident and should not wash clothing, bed sheets, pillows, or other potential evidence until contacting law enforcement.

3.3.11.2 Report the Sex Crime

A victim of a Sex Crime who chooses to report the Sex Crime should report to law enforcement and campus authorities as detailed in the Sex Discrimination policy.

The university protects the confidentiality of victims of Sex Crimes and other necessary parties as described in the Sex Discrimination policy. The university completes publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifying information about the victim. The university maintains as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures.

When a student or employee reports to the Title IX Office that the student or employee has been a victim of a Sex Crime, whether the offense occurred on or off campus, the Title IX Office provides the student or employee a written explanation of the student’s or employee’s rights or options, including

• information about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the institution and in the community; and 
  
• options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures. The university makes such accommodations or provides such protective measures if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. 

When a student or employee reports to the Title IX Office that the student or employee has been a victim of a Sex Crime, whether the offense occurred on or off campus, the Title IX Office provides the student or employee a written explanation of the student’s or employee’s rights or options, as described in this subsection.

3.3.12 Missing Students

The procedures that the university follows when addressing reports of missing students who reside in on-campus housing facilities are found in the Missing Student Notification policy.

3.3.13 Annual Reporting

The Office of Compliance & Ethics, in conjunction with all other needed reporting departments, prepares and distributes the Annual Security and Fire Safety report.

4. Related Policies

• Banning 
• CES Honor Code 
• Drug-Free School 
• Emergency Alerts to Campus Community 
• Fire Safety 
• Missing Student Notification 
• Nondiscrimination and Equal Opportunity 
• Personnel Conduct 
• Protection of Minors 
• Sex Discrimination 
• Sex Discrimination Informal Resolution Procedures 
• Sex-Based Harassment Grievance Procedures 
• Student Activities 
• Student Organizations 

Footnotes

[1] Hawaii state law does not define the crimes of “dating violence” or “domestic violence” but includes the following statutory language that relates to those crimes and which may be used by the university in resolving a report under the university’s Sex Discrimination policy:

Hawai’i Revised Statutes § 586-1

“Dating relationship” means a romantic, courtship, or engagement relationship, often but not necessarily characterized by actions of an intimate or sexual nature, but does not include a casual acquaintanceship or ordinary fraternization between persons in a business or social context.

“Domestic abuse” means:

1. Physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault, extreme psychological abuse, coercive control, or malicious property damage between family or household members; or

2. Any act which would constitute an offense under section 709-906, or under part V or VI of chapter 707 committed against a minor family or household member by an adult family or household member.

“Family or household member”:

1. Means spouses or reciprocal beneficiaries, former spouses or former reciprocal beneficiaries, persons who have a child in common, parents, children, persons related by consanguinity, persons jointly residing or formerly residing in the same dwelling unit, and persons who have or have had a dating relationship; and

2. Does not include those who are, or were, adult roommates or cohabitants only by virtue of an economic or contractual affiliation.

Hawai’i Revised Statutes § 709-906

(1) It shall be unlawful for any person, singly or in concert, to physically abuse a family or household member . . ..

(19) For the purposes of this section . . . “Family or household member”:

1. Means spouses or reciprocal beneficiaries, former spouses or reciprocal beneficiaries, persons in a dating relationship as defined under section 586-1, persons who have a child in common, parents, children, persons related by consanguinity, and persons jointly residing or formerly residing in the same dwelling unit; and

Does not include those who are, or were, adult roommates or cohabitants only by virtue of an economic or contractual

[2] Hawaii state law includes the following statutory language that relates to Sexual Assault and which may be used by the university in primary prevention and awareness programs and resolving a report under the university’s Sex Discrimination policy:

Hawai’i Revised Statutes § 707-730

(1) A person commits the offense of sexual assault in the first degree if the person:

(a) Knowingly subjects another person to an act of sexual penetration by strong compulsion;

(b) Knowingly engages in sexual penetration with a person who is less than fourteen years old;

(c) Knowingly engages in sexual penetration with a person who is at least fourteen years old but less than sixteen years old; provided that the actor is:

a. No less than five years older than the minor; and

b. Not legally married to the minor;

(d) Knowingly subjects to sexual penetration a person who is mentally defective; provided that the actor is negligent in not knowing of the mental defect of the victim; or

(e) Knowingly subjects to sexual penetration a person who is mentally incapacitated or physically helpless as a result of the influence of a substance that the actor knowingly caused to be administered to the other person without the other person's consent.

Hawai’i Revised Statutes § 707-731

(1) A person commits the offense of sexual assault in the second degree if the person:

(a) Knowingly subjects another person to an act of sexual penetration by compulsion;

(b) Knowingly subjects to sexual penetration a person who is mentally incapacitated or physically helpless;

(c) While employed:

a. In a state correctional facility;

b. By a private company providing services at a correctional facility;

c. By a private company providing community-based residential services to persons committed to the director of corrections and rehabilitation and having received notice of this statute;

d. By a private correctional facility operating in the State; or

e. As a law enforcement officer as defined in section 710-1000,

knowingly subjects to sexual penetration: an imprisoned person; a person confined to a detention facility; a person committed to the director of corrections and rehabilitation; a person residing in a private correctional facility operating in the State; a person in custody; a person who is stopped by a law enforcement officer; or a person who is being accompanied by a law enforcement officer for official purposes; provided that this paragraph shall not be construed to prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or exception to the warrant clause; or

(d) Knowingly subjects to sexual penetration a person who is at least sixteen years old and the actor is contemporaneously acting in a professional capacity to instruct, advise, or supervise such a person; provided that the actor is:

a. No less than five years older than the minor; and

b. Not legally married to the minor.

Hawai’i Revised Statutes § 707-732

(1) A person commits the offense of sexual assault in the third degree if the person:

(a) Recklessly subjects another person to an act of sexual penetration by compulsion;

(b) Knowingly subjects to sexual contact a person who is less than fourteen years old or causes such a person to have sexual contact with the actor;

(c) Knowingly engages in sexual contact with a person who is at least fourteen years old but less than sixteen years old or causes such a person to have sexual contact with the actor; provided that the actor is:

a. No less than five years older than the minor; and

b. Not legally married to the minor;

(d) Knowingly subjects to sexual contact a person who is mentally incapacitated or physically helpless, or causes such a person to have sexual contact with the actor;

(e) Knowingly subjects to sexual contact a person who is mentally defective, or causes such a person to have sexual contact with the actor; provided that the actor is negligent in not knowing of the mental defect of the victim;

(f) While employed:

a. In a state correctional facility;

b. By a private company providing services at a correctional facility;

c. By a private company providing community-based residential services to persons committed to the director of corrections and rehabilitation and having received notice of this statute;

d. By a private correctional facility operating in the State; or

e. As a law enforcement officer as defined in section 710-1000,

knowingly subjects to sexual contact, or causes to have sexual contact: an imprisoned person; a person confined to a detention facility; a person committed to the director of corrections and rehabilitation; a person residing in a private correctional facility operating in the State; a person in custody; a person who is stopped by a law enforcement officer; or a person who is being accompanied by a law enforcement officer for official purposes; provided that this paragraph shall not be construed to prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or an exception to the warrant clause; or

(g) Knowingly, by strong compulsion, has sexual contact with another person or causes another person to have sexual contact with the actor.

Hawai’i Revised Statutes § 707-733

(1) A person commits the offense of sexual assault in the fourth degree if:

(a) The person knowingly subjects another person, not married to the actor, to sexual contact by compulsion or causes another person, not married to the actor, to have sexual contact with the actor by compulsion;

(b) The person knowingly exposes the person's genitals to another person under circumstances in which the actor's conduct is likely to alarm the other person or put the other person in fear of bodily injury;

(c) The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor; or

(d) The person knowingly engages in or causes sexual contact with a minor who is at least sixteen years old and the person is contemporaneously acting in a professional capacity to instruct, advise, or supervise the minor; provided that:

a. The person is not less than five years older than the minor; and

b. The person is not legally married to the minor.

Hawai’i Revised Statutes § 707-733.6

(1) A person commits the offense of continuous sexual assault of a minor under the age of fourteen years if the person:

(a) Either resides in the same home with a minor under the age of fourteen years or has recurring access to the minor; and

(b) Engages in three or more acts of sexual penetration or sexual contact with the minor over a period of time, while the minor is under the age of fourteen years.

[1] Hawaii state law includes the following statutory language

[3] Hawaii state law includes the following statutory language that relates to Stalking and which may be used by the university in primary prevention and awareness programs and resolving a report under the university’s Sex Discrimination policy:

Hawai’i Revised Statutes § 711-1106.5
(1) A person commits the offense of harassment by stalking if, with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person engages in a course of conduct involving pursuit, surveillance, or nonconsensual contact upon the other person on more than one occasion without legitimate purpose.

(3) For purposes of this section, “nonconsensual contact” means any contact that occurs without that individual's consent or in disregard of that person's express desire that the contact be avoided or discontinued. Nonconsensual contact includes direct personal visual or oral contact and contact via telephone, facsimile, or any form of electronic communication, as defined in section 711-1111(2), including electronic mail transmission.

Hawai’i Revised Statutes § 711-1106.4

(1) A person commits the offense of aggravated harassment by stalking if that person commits the offense of harassment by stalking as provided in section 711-1106.5 and has been convicted previously of harassment by stalking under section 711-1106.5 within five years of the instant offense.

[4] 20 U.S.C. § 1092(f)(1)(A); 34 C.F.R. § 668.46(b)(2)(i).

[5] 20 U.S.C. § 1092(f)(1)(A); 34 C.F.R. § 668.46(b)(2)(ii).

[6] 20 U.S.C. § 1092(f)(1)(A); 34 C.F.R. § 668.46(b)(2)(iv).

[7] 20 U.S.C. § 1092(f)(1)(B) – (C); 34 C.F.R. § 668.46(b)(3) – (b)(4).

[8] 20 U.S.C. § 1092(f)(1)(C); 34 C.F.R. § 668.46(b)(4).

[9] 20 U.S.C. § 1092(f)(1)(C); 34 C.F.R. § 668.46(b)(4).

[10] 20 U.S.C. § 1092(f)(1)(G); 34 C.F.R. § 668.46(b)(7).

[11] 20 U.S.C. § 1092(f)(1)(J)(i); 34 C.F.R. § 668.46(b)(13); 34 C.F.R. § 668.46(g)(2), (5), (6).

[12] 20 U.S.C. § 1092(f)(8)(B)(i) – (ii); 34 C.F.R. § 668.46(b)(11)(i), (vi); 34 C.F.R. § 668.46(k)(1)(iii).

[13] 20 U.S.C. § 1092(f)(8)(A)(ii), (B)(iv); 34 C.F.R. § 668.46(b)(11)(ii), (vi); 34 C.F.R. § 668.46(k).

[14] 20 U.S.C. § 1092(f)(8)(B)(iii); 34 C.F.R. § 668.46(b)(11)(ii).

[15] 20 U.S.C. § 1092(j)(1)(A); 34 C.F.R. § 668.46(h)(1)-(2).

[16] 20 U.S.C. § 1092(f)(1)(H); 34 C.F.R. § 668.46(b)(8); 20 U.S.C. § 1092(f)(1)(H); 34 C.F.R. § 668.46(b)(9); 20 USC § 1092(i)(1)(D); 34 C.F.R. § 668.49(b)(6).

[17] 20 U.S.C. § 1092(f)(8)(B)(v) – (vii), (C); 34 C.F.R. § 668.46(b)(11)(iii) – (v), (vii); 20 U.S.C. § 1092(f)(8)(C).