Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 8 - COMPLAINTS PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Section 8-19-31 - Investigation

Current through June, 2024
(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.