Harm to students registry; requirements; due process; immunity
HRS §302A-1006
in effect302A-1006. Harm to students registry; requirements; due process; immunity
(a) The department shall establish a harm to students registry, which shall be a database of employees found to have inflicted harm on a student in the State. The harm to students registry shall contain:
(1) The employee's full legal name and any prior
names used, such as maiden name or married name;
(2) The employee's date of birth;
(3) The employee's photograph;
(4) The employee's last known address; and
(5) The name of the reporting institution.
(b) The reporting institution shall certify to
the department that any employee whose name and information has been
transmitted to the department for inclusion on the harm to students registry
has been afforded appropriate due process, as set forth in this section.
(c) The reporting institution shall certify
that there has been a final finding, including the date of the institution's
final finding, resulting from the institution's investigation into whether the
institution's employee engaged in acts or omissions that resulted in the
infliction of harm to a student, notwithstanding whether the employee was
terminated, retired, resigned, or was banned from the school pending completion
of the investigation. Each institution shall complete an investigation without
regard to the employment status of the employee under investigation or the
status of the employee's future involvement with the institution.
(d) For purposes of this section, in order for
an employee's name to be placed on the harm to students registry, the
investigation conducted by the reporting institution that rendered a final
finding of infliction of harm to a student shall involve, at a minimum:
(1) An investigator who was not a party or witness to
the incident under investigation and who does not report to a complaining party
or accused party;
(2) An opportunity for the complaining party and
accused party to provide information to the investigator regarding the alleged
misconduct or other circumstances that caused initiation of the investigation;
(3) Representation for the accused party if required
by law or any applicable collective bargaining agreement; provided that the
department shall not provide representation for an accused party that is not
entitled to representation pursuant to a collective bargaining agreement;
(4) Consideration of the information provided by all
parties and witnesses who participated in the investigation; and
(5) Reasoned findings based on the information
gathered that support the conclusion, by a preponderance of the evidence, that
the accused party inflicted harm on a student.
(e) The reporting institution shall certify,
before transmitting the employee's name and other information to the
department, that:
(1) The employee whose name is transmitted to the
department for inclusion on the harm to students registry was given prior
written notice of the institution's decision to transmit the employee's name
for this purpose;
(2) The employee was given the opportunity to appeal
the decision; and
(3) The employee either waived the right to appeal or
lost the appeal.
The department shall rely on an institution's
certification that the employee was provided due process in accordance with
this section.
(f) Each institution in the State, when
requested by another institution, shall share with that institution the
existence of any employee investigation that includes allegations of infliction
of harm to a student, including ongoing investigations.
(g) An institution that provides information
or an opinion about an employee's job performance to a prospective employing
institution shall be presumed to be acting in good faith and shall have
qualified immunity from civil or criminal liability for disclosing the
information and for the consequences of the disclosure.
(h) The good faith presumption under
subsection (g) shall be rebuttable upon a showing, by a preponderance of the
evidence, that the information or opinion disclosed was:
(1) Knowingly false; or
(2) Knowingly misleading.
(i) Nothing in subsections (g) and (h) shall
affect the rights, obligations, remedies, liabilities, or standards of proof
under chapters 89, 92F, 368, and 378.
(j) The harm to students registry shall be
made accessible to all institutions within the State.
(k) A person whose name is listed on the harm
to students registry may request the reporting institution to submit a
certified request to the department to remove the person's name from the
registry if new information is discovered that proves that the person has not
inflicted harm on a student such that the person's name does not belong on the
registry. The department shall remove the person's name from the harm to
students registry upon receiving a certified request from the reporting
institution to remove the person's name from the registry.
(l) Any institution certifying the inclusion
of an employee on or removal of an employee from the harm to students registry,
or refusing to certify the removal of an employee from the harm to students
registry, shall defend and indemnify the department from any liability
resulting from any claim or cause of action relating to the employee's
inclusion on or removal from the registry, or relating to the institution's
refusal to certify the removal of the employee from the registry.
(m) As part of the procedures followed
pursuant to section 302A-601.5, the department shall consult the harm to
students registry to determine whether a candidate for employment is listed on
the registry.
(n) The department shall consult the harm to
students registry before authorizing a volunteer's assistance in a role that
involves the volunteer's interaction with, or close proximity to, a student or
students.
(o) If a candidate for employment or a
potential volunteer's name is listed on the harm to students registry, the
department shall cease to consider the candidate for employment or shall
prohibit the volunteer's assistance in a role that involves interaction with,
or close proximity to, a student or students.
(p) The harm to students registry shall be
exempt from disclosure under chapter 92F.
(q) As used in this section:
"Employee" means a person currently
or formerly employed by the institution and includes contractors and volunteers
for an institution.
"Final finding" means the conclusion
of an institution's investigation that results in a determination by the
institution.
"Harm to students registry" or
"registry" means a database of employees and any related documents
compiled by the department that a reporting institution certifies and transmits
to the department.
"Inflicted harm on a student" or
"infliction of harm on a student" means the act of subjecting a
student to abusive acts or sexual exploitation, whether with, to, or in the
presence of a student, including any:
(1) Sexual act;
(2) Solicitation of a sexual act, whether written,
visual, verbal, or physical;
(3) Inappropriate sexual contact or conduct, whether
written, visual, verbal, or physical;
(4) Act of child abuse;
(5) Intentional solicitation, encouragement, or
consummation of a romantic or physical relationship, which includes dating a
student; or
(6) Acts of abuse or violence, including assault,
torture, or physical punishment or restraint that results in serious bodily
injury.
"Institution" means any public or
private educational institution that services students in early learning
programs or schools, and from kindergarten through twelfth grade within the
State.
"Investigation" means any fact
finding by an institution relating to an accusation of infliction of harm on a
student that meets the requirements of subsection (d).
[L 2024, c 156, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302A/HRS_0302A-1006.htmFetched: 11/10/2026