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 2 - STUDENT MISCONDUCT AND DISCIPLINE DURING THE REGULAR SCHOOL YEAR
Section 8-19-7.1 - Investigation
Current through January, 2025
(a) Immediately after making a crisis removal or whenever the principal or designee has reason to believe that a student has engaged in an activity warranting the imposition of a suspension, the principal or designee shall initiate a thorough investigation. Complaints of discrimination, harassment (including sexual harassment), bullying and/or retaliation are subject to the complaint and investigation provisions of section 8-19-30.
(b) When conducting an investigation, the principal or designee shall make a good faith effort at the earliest point possible to inform the parent about the school's investigation. If after making reasonable attempts, the principal or designee is unable to contact the parent, the school may engage in and complete the investigation. The investigation shall be completed as quickly as possible. If the principal or designee elects to initiate proceedings for the imposition of serious discipline other than crisis removal, the principal or designee upon completion of the investigation, shall make a written report containing a brief summary of the testimony of witnesses interviewed, any other evidence, and the principal or designee's reason(s) for the initiation of disciplinary proceedings.
(c) The principal or designee shall give to the parent notice of the findings against the student. If the student or parent denies the charge(s), the principal or designee shall indicate to the parent and the student the evidence to support the findings of the school official. The student or parent shall be given an opportunity to present the student's version of the incident.
