The Principle Underlying this Policy

The Lutheran Theological Seminary (LTS) is a Christian institution dedicated to preparing men and women for ministry as members of Christ’s body, the church. The LTS Mission Statement emphasizes that this preparation takes place in an atmosphere of supportive fellowship fostering spiritual formation, “a process of being conformed to the image of Christ for the sake of others” (LTS Catalogue 2023-2026, II. General Information, C. Mission Statement). This is in keeping with what we hear in 1 Peter 2:16-17a, “As servants of God, live as free people, yet do not use your freedom as a pretext for evil. Honor everyone,” and in Romans 12:9, “Outdo one another in showing honor.” In light of these values, the sexual harassment of another person has no place on the campus of LTS. Furthermore, sexual harassment is unlawful in Hong Kong and it is the responsibility of all of us to prevent it.

The Objective of this Policy

The purpose of creating and publicizing this sexual harassment policy is to inform all members of the LTS community (students, teachers, and all staff) of the law of Hong Kong regarding sexual harassment, to define sexual harassment, and to describe the procedures to follow if one experiences sexual harassment by any member of the LTS community.

Applicability of this Policy

This policy applies to all students, teachers, and staff of the Lutheran Theological Seminary, and to those who participate in its programs, both on and off campus.

The Legal Definition of Sexual Harassment

The Legislative Council of Hong Kong passed the Sex Discrimination Ordinance (Chapter 480; text of the legislation: https://www.elegislation.gov.hk/hk/cap480) in 1995 and thereafter amended it to apply to educational institutions, such as LTS. According to the law, sexual harassment has occurred:

1.    If any person,

(a)    makes an unwelcome sexual advance, or an unwelcome request for sexual favors, to another person; or

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

2.    any person, alone or together with other persons, engages in conduct of a sexual nature which creates a hostile or intimidating environment for another person. 

“Conduct of a sexual nature” includes making a statement of a sexual nature, whether orally or in writing.

The law is applicable to all persons regardless of gender-identity or sexual orientation. It applies whether the harassment occurs between students; between a student and a staff member; or between staff members.

Examples of Sexual Harassment

The Hong Kong Education Bureau supplies the following examples of sexual harassment: 

• Uninvited physical contact or gestures 
• Unwelcome requests for sex 
• Sexual comments or jokes 
• Intrusive questions or insinuations of a sexual nature about a person’s private life
• Displays of offensive or pornographic material such as posters, pinups, cartoons, graffiti or calendars
• Unwanted invitations 
• Offensive communications of a sexual nature (letters, phone calls, faxes, e-mail messages, etc.)
• Staring or leering at a person or at parts of his/her body 
• Unwelcome physical contact such as massaging a person without invitation or deliberately brushing up against him/her 
• Touching or fiddling with a person’s clothing e.g. lifting up skirts or shirts, or putting hands in a person’s pocket 

What to Do if You Have Been Sexually Harassed

1.    If you have experienced physical harm or rape, these criminal actions constitute sexual assault, which goes beyond harassment. Call the police immediately at 999.

2.    If you have experienced sexual harassment, follow these three steps recommended by the Hong Kong’s Equal Opportunities Commission: 

• Speak up at the time. Tell the harasser that his/her act is unwelcome and should be stopped immediately.
• Keep a written record of the incidents, including the date, time, location, witnesses and nature (what the harasser has said or done) and [your] own response.
• Tell someone [you] trust or a counselor, and ask for emotional support and advice.

LTS has designated its warden (Ms. Hellen Bok, 2684 3233), its chaplain (Rev. Michelle Chiu, 2684 3206), and a faculty representative (Dr. Stefan Gradl, 2684 3218) as trustworthy people for you to talk to when you have been sexually harassed (If your call is not answered, please leave your name and contact number, we will reply as soon as possible). The Seminary Committee will review this list of designated initial contact people annually to ensure a balance of gender.

These contact people are the first to receive any reported case. They listen, try to handle the case, maintain confidentiality, make referrals to counseling services when appropriate, discern a potential course of action, and treat all parties fairly. They record the important details (time and location of the incident, and contacts between the parties involved) and make a written report to be kept on file by the Chaplain. The contact persons may consult one another if discussion is needed. The contact persons keep contact with the Office of the Chaplain.

3.    If an attempt by the contact people cannot solve the problem or the person being sexually harassed feels that only further action can provide relief, then that person may ask a contact person to initiate the process of setting up an ad hoc panel to address the issue.

(a)    In most cases the contact person will ask the President of LTS to set up the ad hoc panel.

(b)    The panel will consist of the President and two faculty members. There should be a mix of genders on the panel.

(c)    The person bringing the complaint and the person accused will be asked to meet with the panel separately. Each will receive written, confidential notification of the meeting at which they should appear. The notification will be sent at least five days prior to the date of the meeting.

(d)    During the meeting, the panel will present the concerns that have been raised and provide the opportunity for the participants to explain any factors that may be related to the concerns and to discuss any actions that have already been taken or plans for resolution. The panel members may actively comment, ask questions, investigate, make suggestions, and discuss potential ways to resolve the problem.

(e)    The committee will consider the following factors in arriving at a remediation plan:

• the degree and nature of the difficulty
• the degree of the participants’ willingness to resolve the problem
• any history of disciplinary problems at the seminary
• financial ramifications of recommended actions
• other factors that may have bearing on the case

(f)    The panel imposes its remediation plan through a letter of agreement signed by the victim and the accused.

4.    At any point a person has the right to lodge a formal complaint with the Equal Opportunities Commission of Hong Kong, to consult a lawyer in order to file a civil lawsuit, or to report to the police. The telephone number of the Equal Opportunities Commission is 2511 8211. The website is http://www.eoc.org.hk/eoc/graphicsfolder/complaint.aspx

Implementation and Review of this Policy

1.    This Policy was implemented on October 13, 2017. 

2.    In order to introduce the policy to the campus of the Lutheran Theological Seminary, the seminary invited a representative of the Hong Kong Christian Council’s Gender Justice Division to deliver a briefing on campus about the issue of sexual harassment at Ming Chieh Chapel on the implementation day of this policy.

3.    The seminary has prepared a short pamphlet in Chinese and English explaining the issue of sexual harassment and the procedure to follow if one has been sexually harassed, and will make this pamphlet widely available on campus and on the LTS website. 

4.    The policy will be reviewed annually by the Seminary Committee of LTS before the start of each academic year and any necessary changes will be made at that time. An updated version of the policy will be posted on LTS’s website, intranet, and on any other necessary means so that every member of the LTS community has access to it.

Lutheran Theological Seminary 
2024 August (Revised)