Haw. Code R. § 8-19-30 - Complaint procedure

(a) The department will take immediate and appropriate steps to stop any discrimination, harassment (including sexual harassment), or bullying against a student, including those based on a protected class as defined in section 8-19-2, to prevent its recurrence and to remedy discriminatory effects on the complainant/victim or others, if appropriate.

(b) Complaints regarding inappropriate behavior or stemming from allegations that fall under this chapter may be filed at any time by:

(1) Students who experience discrimination, harassment (including sexual harassment), bullying, or retaliation;

(2) Students who witness discrimination, harassment (including sexual harassment), bullying, or retaliation against another student;

(3) Parents, legal guardians, educational representatives, or individuals with a power of attorney who know about or witness discrimination, harassment (Including sexual harassment), bullying, or retaliation against a student; or

(4) Employees, staff, or volunteers who witness or know about discrimination, harassment (including sexual harassment), bullying, or retaliation against a student.

(c) Complaints alleging violations of this chapter may be made using the Department of Education Hawaii Administrative Rules Title 8, Chapter 19 Complaint Form, and the complaint may be filed at any time. Individuals who do not have access to or prefer not to use the Department of Education Hawaii Administrative Rules Title 8, Chapter 19 Complaint Form may nonetheless make a complaint, either in writing or orally, by providing the following information:

(1) The name of the respondent or a sufficient description of the respondent so that an identity can be determined;

(2) The date(s) when the alleged discrimination, harassment (including sexual harassment), bullying, or retaliation allegedly occurred;

(3) A factual description of how the discrimination, harassment (including sexual harassment), bullying, or retaliation allegedly occurred and the protected basis of the complaint, if any;

(4) A description of the injury or harass, if any; and

(5) Attachments, if any, documenting the alleged conduct.

(d) Written complaints may be given to any teacher or staff, principal, vice-principal, complex area superintendent, or the Civil Rights Compliance Branch. Verbal complaints may be made either in person or over the phone to any teacher or staff, principal, vice-principal, complex area superintendent, or the Civil Rights Compliance Branch.

(e) The principal or designee or complex area superintendent, in consultation with the Civil Rights Compliance Branch, will assess the complaint to determine if the factual allegations allege actionable discrimination, harassment (including sexual harassment), bullying, or retaliation. Complaints that do not fall under the subchapter will be referred to the appropriate office or administrator for review.

(f) When a complaint is filed, the principal or designee will either:

(1) Immediately initiate an investigation pursuant to section 8-19-31; or

(2) If deemed appropriate, offer the parties an opportunity to resolve the complaint informally before any formal investigation process begins. This informal process will only be used if the parties voluntarily agree to participate. The parties are not required to resolve the complaint directly with each other. Once the informal process is initiated, either party has the right to end the informal process at any time, which will result in starting the formal investigative process.

Informal resolution is not appropriate in cases where:

(1) the allegation is serious enough that it appears to place the complainant/victim or any other person at physical risk;

(2) the incident has resulted in a criminal charge;

(3) the incident involves a referral to the police or Child Welfare Services;

(4) the complaint involves an allegation of severe, persistent or pervasive bullying or other serious form of discrimination;

(5) there is a pending investigation against the respondent;

(6) there is an objective and obvious power imbalance between the parties; or

(7) an investigation is otherwise appropriate under the circumstances. If informal resolution is not appropriate, or if the parties are unable to come to a resolution, an investigation will be initiated by the principal or designee in accordance with section 8-19-31.

(g) Both parties may make a request for immediate interventions to the principal, any vice principal, the complex area superintendent, or the Civil Rights Compliance Branch. The principal or designee may institute immediate interventions without a request, if they deem them appropriate. Immediate interventions will be considered by the principal or designee, in consultation with the Civil Rights Compliance Branch, and if it is determined that Immediate interventions are necessary, the principal or designee will implement the immediate interventions. The Civil Rights Compliance Branch will ensure that such immediate interventions are taken. Failure to comply with the terms of immediate interventions may be considered a separate violation, which may result in a separate investigation, findings, and determination.

Notes

Haw. Code R. § 8-19-30

[Eff 11/17/2019] (Auth: HRS § 302A-1112) (lmp: HRS §§ 302A-1101, 302A-1112; 5 U.S.C. § 301, 42 U.S.C. §2000d et seq., 34 C.F.R. § 100.9; 34 C.F.R. §101.11)