Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 89 - CIVIL RIGHTS POLICY AND COMPLAINT PROCEDURE FOR STUDENT(S) COMPLAINTS AGAINST ADULT(S) › Section 8-89-1 - Policy and purpose

Current through June, 2024
(a) The department
				  is committed to making all schools, safe. Inclusive, respectful, and supportive
				  of all students by eliminating all discrimination, harassment, and bullying and
				  providing a non-discriminatory learning environment that provides equal access
				  to public education for all students and embraces the values of dignity and
				  respect for one another.
(b) This
				  chapter establishes a procedure in the public school system for filing and
				  resolving complaints of discrimination, harassment (including sexual
				  harassment), and bullying against a student in any program, activity, or
				  service of the department by employees, volunteers, or third parties on the
				  basis of race, color, religion, sex, sexual orientation, gender identity,
				  gender expression, age, national origin, ancestry, disability, physical
				  appearance and characteristics, socio-economic status, and any retaliation for
				  reporting such conduct. Any student, parent or legal guardian of any student,
				  or employees or volunteers who witness or are otherwise aware of conduct
				  prohibited by this chapter, may file complaints regarding an alleged violation
				  under this chapter. For protected class complaints of student misconduct
				  towards another student, refer to section
				  8-19-16.
(c) The department shall take immediate and
				  appropriate steps to stop discrimination, harassment (including sexual
				  harassment), or bullying against a student to prevent recurrence and remedy
				  discrimination effects on the complainant or others, if appropriate.
(d) The department's Civil Rights Compliance
				  Branch shall coordinate the implementation of this chapter. The Civil Rights
				  Compliance Branch shall be responsible for monitoring complaints and conducting
				  investigations of complaints filed under this chapter, disseminating
				  appropriate information about discrimination, harassment (including sexual
				  harassment), and bullying to department students, parents or legal guardians,
				  employees, volunteers, and third parties, and providing training to department
				  students, employees, volunteers, and third parties regarding their rights and
				  responsibilities as it relates to discrimination, harassment (including sexual
				  harassment), or bullying.
(e) No
				  person who is otherwise qualified shall be denied the opportunity to
				  participate in or receive benefits of, or be subjected to disparate treatment
				  in any program, activity, or service of the department based upon one or more
				  of the protected classes defined in section 8-89-2. This chapter applies to
				  conduct that occurs on department property or outside of department property,
				  if the conduct was in connection with a department-sponsored program or
				  activity.
(f) The department shall
				  comply with all applicable state and federal nondiscrimination laws and
				  regulations in administering this chapter, including but not limited to:
(1) Title VI of the Civil Rights Act of 1964,
				  Public Law 88-352, which prohibits discrimination on the basis of race, color,
				  or national origin;
(2) Title IX of
				  the Educational Amendments Act of 1972, Public Law 92-318, which prohibits
				  discrimination on the basis of sex;
(3) Title IV of the Civil Rights Act of 1964,
				  which prohibits discrimination on the basis of religion;
(4) Section 504 of the Rehabilitation Act of
				  1973, Public Law 92-112, which prohibits discrimination against persons with
				  disabilities;
(5) Individuals with
				  Disabilities Education Act,
				  Public
				  Law 101-476, which ensures students with a
				  disability are provided with a free and appropriate public education that is
				  tailored to their individual needs;
(6) Americans with Disabilities Act,
				  Public
				  Law 101-336, which prohibits discrimination
				  against persons with disabilities in programs, activities, and
				  services;
(7) Article X, Section 1,
				  Hawaii State Constitution, which prohibits discrimination in public educational
				  institutions because of race, religion, sex or ancestry;
(8) Age Discrimination Act of 1975, Public
				  Law 94-135;
(9) Section
				  302A-461,
				  Hawaii Revised Statutes, which prohibits discrimination on the basis of sex in
				  athletics offered by a public high school;
(10) Section
				  302A-1001, Hawaii
				  Revised Statutes, which prohibits discrimination on the basis of sex in any
				  educational or recreational program or activity receiving state or county
				  financial assistance or utilizing state or county facilities; and
(11) Section
				  368D-1,
				  Hawaii Revised Statutes, which prohibits discrimination on the basis of sex,
				  gender identity or expression, or sexual orientation in any state educational
				  program or activity or any educational program or activity that receives state
				  funding.