Haw. Code R. § 8-19-31 - Investigation

(a) When a complaint is made, the principal or designee will assign an impartial school level investigator ("investigator") to conduct a thorough and impartial investigation. Once an investigation is initiated, the principal or designee shall make a good faith effort at the earliest point possible to inform the parents about the investigation. If after making reasonable attempts, the principal or designee is unable to contact the parent, the investigator may engage in and complete the investigation.

The complainant/victim and respondent will be allowed to provide the names of witnesses who they believe have information relevant to the complaint and provide evidence that they believe is relevant to the complaint.

(b) Once the investigator has obtained the necessary relevant information and documents, the investigator will analyze and document the available evidence, objectively evaluate the credibility of parties and witnesses, synthesize all available evidence, including inculpatory and exculpatory evidence, and take into account the unique and complex circumstances of each case. Once that is complete, the investigator will prepare findings of fact and make a determination on any appropriate action that needs to be taken to end any discrimination, harassment, bullying, or retaliation and prevent its recurrence and remedy its effects on the complainant/victim and the department community. The investigator will forward their findings to the principal or designee, who will determine whether the facts constitute prohibited student conduct under either section 8-19-6(a) or 8-19-13(a). Any disciplinary actions taken will be subject to the provisions of sections 8-19-5 through 8-19-13, as applicable, including the right to appeal.

(c) At the conclusion of the investigation, the principal or designee, in consultation with the Civil Rights Compliance Branch, shall determine whether any remedies will be provided to any individual involved in the investigation. If it is determined that remedies will be provided, the principal or designee will implement the remedies. The complainant/victim will be provided written notification of whether the allegations have been substantiated, the outcome of the investigation, any remedies provided, and any other actions taken by the department that directly relate to the complainant/victim. The respondent will be provided written notification of whether the allegations have been substantiated, the outcome of the investigation, any remedies provided, and any other actions taken by the department that directly relate to the respondent.

(d) The investigator will seek to complete the investigation within five school days from the date the investigator was assigned the matter. If the investigation takes longer than five days, the investigator will notify the parties in writing of the delay, provide reasons for the delay, and the length of additional time needed to complete the investigation.

Notes

Haw. Code R. § 8-19-31

[Eff 11/17/2019] (Auth: HRS § 302A-1112) (Imp: 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)