Prevention of Sexual Harassment in Schools

Background

Consequent to the amendment to the Sex Discrimination Ordinance (SDO) that came into effect on 3 October 2008, a sexual harassment act committed by any person that creates a hostile or intimidating environment also applies to educational settings. It is the responsibility of schools to ensure that all individuals (including all students, staff members, voluntary helpers, contract workers/ service providers/ agents) are able to study, to conduct extra-curriculuar activities or work or provide services in a safe and sexually hostile-free environment. At the same time, apart from the personal liability to be borne by individuals for an unlawful acts of sexual harassment, the schools being employers of the staff concerned, may also be vicariously liable.

As advised by the Equal Opportunities Commission (EOC), schools are encouraged to take reasonably practicable steps to ensure that the school is free from any sexually hostile or intimidating environment and to avoid the possible vicarious liability on the employers, including developing a school policy (in written form) to eliminate sexual harassment, raising the understanding and awareness of both staff and students about sexual harassment and setting up complaint handling mechanism to resolve sexual harassment complaints.

Schools may refer to the relevant amended sections of the SDO at the EOC's website ( http://www.eoc.org.hk).

Questions & Answers on Preventing Sexual Harassment in Schools and Brief Outline of a School Policy

Q&As on Preventing Sexual Harassment in Schools (Updated in November 2023)
"Develop an Anti-Sexual Harassment Policy for Your School" devised by EOC (Updated in November 2023)

Briefing Sessions/ Seminars- Presentation Materials for Sharing

A. Seminars on Formulation of Sexual Harassment Policy in Schools (for School Sponsoring Bodies in December 2013)

(1) Sexual Harassment: Definition and Duty for Schools (Chinese Version Only) (Updated in December 2013)
(2) Develop an Effective Sexual Harassment Policy (Chinese Version Only) (Updated in December 2013)
(3) Policy for the Prevention and Handling of Sexual Harassment (for students)_Aberdeen Baptist Lui Ming Choi College (Chinese Version Only) (Updated in December 2013)

B. Seminars on Formulation of Sexual Harassment Policy in Schools (for Primary and Secondary Schools in July 2013)

(1) Sexual Harassment: Definition and Duty for Schools (Chinese Version Only) (Updated in December 2013)
(2) Develop an Effective Sexual Harassment Policy (2-3 July 2013) (Chinese Version Only) (Updated in December 2013)
(3) Develop an Effective Sexual Harassment Policy (4-5 July 2013) (Chinese Version Only) (Updated in December 2013)
(4) Sharing on Formulation of a Sexual Harassment Policy and Handling Related Complaints (Chinese Version Only) (Updated in December 2013)
(5) Policy for the Prevention and Handling of Sexual Harassment (for employees)- Aberdeen Baptist Lui Ming Choi College (Chinese Version Only) (Updated in December 2013)
(6) Policy for the Prevention and Handling of Sexual Harassment (for students)- Aberdeen Baptist Lui Ming Choi College (Chinese Version Only) (Updated in December 2013)

C. Briefing Sessions (for schools on 23 February 2009)

To help schools understand the implications of the amendment to the SDO, two identical briefing session were held on 23 February 2009.

(1) Briefing materials