Complaints; injunctive proceedings
HRS §305J-17
in effect305J-17. Complaints; injunctive proceedings
(a) A student or former student of the University of Hawaii system, a private college or university, seminary, or religious training institution may file a complaint with the department concerning the institution at which the student is or was enrolled; provided that if a former student files a complaint, the complaint shall be filed within two years after the former student discontinued enrollment at the institution; provided that the two year restriction on complaints shall not apply to complaints related to obtaining transcripts.
(b)
The department may investigate complaints based on possible violations
of this chapter or rules adopted hereunder. The
department may initiate and investigate complaints based on information the
department receives concerning possible violations of this chapter or rules
adopted hereunder.
(c)
Nothing in this section shall give the department jurisdiction to consider
complaints that infringe on the academic or religious freedom of, or question
the curriculum content of, a private college or
university, seminary, or religious training institution.
(d)
Upon receipt of a complaint pursuant to [subsection] (a) or (b), the department shall determine
whether the complaint was properly filed. The complaint
shall warrant investigation only after the student or former student has
exhausted all administrative remedies available at the University of
Hawaii system, private college or
university, seminary, or religious training institution;
provided that if the complaint involves a violation of state or federal
criminal law, this requirement shall not apply. If a
complaint warrants investigation, the department shall forward the complaint to
the University of Hawaii system, private college
or university, seminary, or religious training institution.
The University of Hawaii system, private college
or university, seminary, or religious training institution
shall have thirty days to respond in writing to the complaint. During the
thirty-day period, the University of Hawaii
system, private college or
university, seminary, or religious training institution, with the department's
assistance, may attempt to resolve the complaint with the student. If the
department determines at any time that the complaint no longer warrants
investigation, the department shall dismiss the complaint.
(e)
If a complaint is not resolved within the thirty-day
period, the department may:
(1) Dismiss the complaint based on the response of
the University of Hawaii system, private college or university, seminary, or
religious training institution;
(2) Investigate and, where appropriate, take
disciplinary action in a manner consistent with chapter 91.
[L 2013, c 180, pt
of §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0305J/HRS_0305J-0017.htmFetched: 11/10/2026