Hawaii
State Protections and Legal Framework
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State constitutional guarantees regarding right to education
Case law and legislative history defining and interpreting the right to education
State constitutional protections regarding non-discrimination and equity
Other relevant state constitutional civil rights protections
Hawaii’s Constitution guarantees public education for all children and imposes a duty on the state to maintain a statewide public school system. Article X, Section 1 provides that “The State shall provide for the establishment, support and control of a statewide system of public schools”, along with public libraries and other institutions.
Notably, Hawaii’s school system is unique as a single statewide district, which can facilitate more uniform provision of resources compared to local district systems in other states.
Hawaii courts have generally mirrored federal jurisprudence on student rights, with the state constitution sometimes cited for emphasis but not fundamentally expanding students’ civil liberties beyond federal baselines in the K-12 context.
The most distinctive state-level developments in case law relate to Hawaii’s unique constitutional provisions (such as the Hawaiian education mandate) to advance educational rights.
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State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA)
HRS § 302-1001 – prohibits discrimination based on sex in any educational or recreational program or activity receiving state or county financial assistance or using state or county facilities.
HRS § 302A-461 – prohibits discrimination based on sex in athletics offered by a public high school.
HRS § 368D-1 – prohibits discrimination in educational programs on the basis of sex, gender identity or expression, and sexual orientation.
HRS § 368-1.5 – prohibits discrimination based on disability in state-funded services, including education.
Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)
HRS § 368D-1 (noted above) provides protection against sex discrimination that includes sexual orientation and gender identity.
State Regulatory Protections
HI Admin Rules 8-19 – Hawaii Department of Education protects students from discrimination, harassment (including sexual harassment), and bullying that is perpetrated by students.
HI Admin Rules 8-89 – Hawaii Department of Education protects students from discrimination, harassment (including sexual harassment), and bullying that is based on the student's race, color, religion, sex, sexual orientation, gender identity, gender expression, age, national origin, ancestry, disability, physical appearance and characteristics, or socio-economic status by Department of Education employees, volunteers, or third parties.
Hawaii Board of Education Policy 305-10 – protects HDOE students from discrimination, including harassment, that is based on the student's race, color, national origin, sex, physical or mental disability, or religion by DOE employees. Policy also protects HDOE students from harassment and bullying that is based on the student's gender identity and expression, socio-economic status, physical appearance and characteristics, or sexual orientation by DOE employees.
State law protections regarding color of law or pattern/practice liability for law enforcement in schools
Not available.
Anti-discrimination protections under state human rights statutes
HRS § 378, Part 1 – prohibits discrimination in employment.
HRS § 515 – prohibits discrimination in housing.
HRS § 489 – prohibits discrimination in places of public accommodation. Note that the Hawaii Civil Rights Commission has jurisdiction over educational institutions within the meaning of HRS § 368-1.5 and not under HRS § 489.(See In the Matter of Linda Elento, DR No. 14-017 (Hawaii Civil Rights Commission, Oct. 28, 2014), https://labor.hawaii.gov/hcrc/files/2013/01/DR_14-017_Elento1.pdf.)
HRS § 368-1.5 – prohibits discrimination based on disability in state-funded services, including education.
HRS § 368D-1 – prohibits discrimination in educational programs on the basis of sex, gender identity or expression, and sexual orientation.
HRS § 302-1001 – prohibits discrimination based on sex in any educational or recreational program or activity receiving state or county financial assistance or using state or county facilities.
HRS § 302A-461 – prohibits discrimination based on sex in athletics offered by a public high school.
Private right of action provisions under state civil rights and human rights statutes
HRS § 368D-1(b) Provides that “[n]othing in this chapter shall preclude a person who is aggrieved by a violation of this chapter from filing a civil action in a court of competent jurisdiction.”
Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?
Not expressly provided under state law.
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Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law?
HRS § 368D-1 – Paragraph (a) provides that a civil action may be filed in a court of competent jurisdiction by the student aggrieved by a violation. But under paragraph (c), a parent or guardian may file a complaint on behalf of a student. (See Haw. Rev. Stat. § 368D-1(c) (2025), https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0368D/HRS_0368D-0001.htm (“A person, or an organization or association on behalf of a person alleging a violation of this chapter may file a complaint pursuant to this chapter.”))
HRS § 368-12 – Provides that the Hawaii Civil Rights Commission may issue a notice of right to sue upon the written request of the complainant, which allows the complainant to bring a civil action under Chapter 368. It is a prerequisite that the complainant obtain a notice of right to sue from the HCRC before filing a private civil action in state court. The civil action can be filed within 90 days of issuance of the notice of right to sue.
Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?
HI Admin Rules 8-19-34 – prohibits retaliation and retaliatory harassment against a student because they engaged in a protected activity.
HI Admin Rules 8-19-30; HI Admin Rules 8-89 – outlines the complaint procedure for discrimination, harassment (including sexual harassment), bullying, or retaliation against a student. Retaliation is clearly identified as actionable.
HI Admin Rules 8-19-2 – Retaliation is defined as an adverse action against a student because they engaged in a protected activity, which includes filing a complaint under this chapter. Adverse action is any action that would dissuade a person from making a complaint under these rules.
Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?
Civil rights complaints must be filed with the Hawaii Civil Rights Commission within 180 days of the prohibited conduct. HRS § 368-11(c).
Are there areas where the state laws provide more protections than federal law? What are those areas?
HRS § 302A-461 – prohibits discrimination based on sex in athletics offered by a public high school.
HRS § 368D-1 (noted above) provides protection against sex discrimination that includes sexual orientation and gender identity
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State Department of Education - relevant divisions and complaint processes
Hawaii Department of Education – Civil Rights Compliance Branch (CRCB) – Internal School Complaint Process: The Hawaiʻi DOE has its own Civil Rights Compliance Branch that handles internal investigations of discrimination or harassment complaints within public schools.
Parents or students can file a complaint through the DOE’s procedure by using the official BOE Policy 305-10 complaint form available on the DOE website. (Hawaiʻi State Dep’t of Educ., Non-Discrimination Policy, https://hawaiipublicschools.org/useful-links/policies/nondiscrimination-policy/#:~:text=Student%20Complaint%20Against%20Employee) Families are usually encouraged to report issues to the school principal or the DOE’s civil rights compliance staff first.
Human Rights/Relations Commissions (state and local)
Hawaii Civil Rights Commission (HCRC) – State Enforcement: The HCRC is the state agency responsible for enforcing Hawaii’s anti-discrimination laws. With respect to students, only covers students with disabilities at a school that gets state funding but no federal funding.
Parents or students can file complaints with the HCRC if they believe a K–12 student has faced discrimination, harassment, or denial of services due to protected characteristics (race, sex, religion, ancestry, disability, etc.). The HCRC has an established process: individuals usually start by completing a Pre-Complaint Questionnaire, after which HCRC staff conduct an intake interview and assist in formalizing the complaint. (Hawaiʻi Civil Rights Comm’n, How to File a Complaint, LawHelp.org, link here.)
Notably, Hawaii law sets a 180-day deadline from the date of the alleged discriminatory act to file a complaint with HCRC, so timely reporting is important.
Contact information: Hawaiʻi Civil Rights Commission, 830 Punchbowl Street, Room 411, Honolulu, HI 96813; Phone: (808) 586-8636; Email: DLIR.HCRC.INFOR@hawaii.gov
How do I file a complaint about discrimination in a K-12 public school in Hawaii?
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Identify the Basis of Discrimination Choose the applicable category for the discrimination your student experienced:
Race, color, national origin → May be covered by Hawaii Department of Education Civil Rights Compliance Branch
Federal Protections: Title VI
Sex (including gender identity, pregnancy, sexual harassment) → May be covered by Hawaii Department of Education Civil Rights Compliance Branch
Federal Protections: Title IX
Disability → May be covered by Hawaii Department of Education Civil Rights Compliance Branch, or if in a public school that does not receive federal funds, the Hawaii Civil Rights Commission.
Federal Protections: Section 504 / ADA
Gather Evidence Include:
Dates, times, and locations of incidents
Names of individuals involved
Copies of emails, screenshots, witness statements, or school responses
Agency: Hawaii State Department Education of Civil Rights Compliance Branch (CRBC)
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Who is eligible to file (students, parents, advocates, others)?
Students who are victims; students who witness prohibited acts against other students; parents or legal guardians or educational representative or individuals with power of attorney who know about or witness prohibited acts against a student; employees or staff or volunteers who know about or witness prohibited acts against a student. HI Admin Rules 8-19-30; HI Admin Rules 8-89-6.
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)
A complaint against a student for prohibited acts may be filed at any time. HI Admin Rules 8-19-30.
How to initiate the process (relevant websites, standard forms, submission locations)
Complaints against Students
Complaints against students may be made using the Hawaii Administrative Rules Title 8, Chapter 19 Complaint Form. (See https://www.hawaiipublicschools.org/DOE%20Forms/Chapter%2019/Chapter%2019-2019.pdf at 41.)
A complaint against a student may also be made orally or in writing by providing the following information:
The name of the respondent or a sufficient description of the respondent so that an identity can be determined;
The date(s) when the alleged discrimination, harassment (including sexual harassment), bullying, or retaliation allegedly occurred;
A factual description of how the discrimination, harassment (including sexual harassment), bullying, or retaliation allegedly occurred and the protected basis of the complaint, if any;
A description of the injury or harm, if any; and
Attachments, if any, documenting the alleged conduct. HI Admin Rules 8-19-30.
Complaints Against Hawaii Department of Education Employees, Volunteers, or Third Parties
Complaints against Employees may be made using the Board of Education’s Anti-Harassment, Anti-Bullying, and Anti-Discrimination Against Student(s) By Employees Policy Complaint Form.
A complaint against an employee may also be made orally or in writing by providing the following information:
The name of the respondent or a sufficient description of the respondent so that an identity can be determined;
The date(s) when the alleged occurred;
The protected basis of the complaint and a factual description of how the discrimination allegedly occurred;
A description of the injury or harm, if any; and
Attachments, if any, documenting the alleged conduct. HI Admin Rules 8-89-6.
To file a complaint, you may complete a complaint form that can be found on the CRCB’s webpage, contact your school’s principal, your complex area equity specialist or the CRCB at (808) 784-6325, or via relay. Complaints may be sent by facsimile to (808)586-3331, by email to crcb@k12.hi.us, or through the U.S. Mail at P.O. Box 2360, Honolulu, Hawaii 96804.
Can complaints be filed anonymously or confidentially?
Information relating to complaints, investigations, and reports shall remain confidential and will only be shared with appropriate individuals necessary to complete the investigation and decision-making process. HI Admin Rules 8-19-4.1; HI Admin Rules 8-89-11.
Are there language access requirements for complaint processes?
Any individual making a complaint or participating in an investigation that requires language assistance or writing assistance shall be afforded such assistance by the department. Any individuals with disabilities who require reasonable accommodation(s) to make a complaint or participate in an investigation shall be afforded such assistance by the department. HI Admin Rules 8-19-33; HI Admin Rule 8-89-10.
Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
Any documentation regarding the alleged complaint should be provided but is not required. HI Admin Rules 8-19-30; HI Admin Rules 8-89-6.
Can complainants have advocates or legal representation?
No information available.
Are complainants entitled to legal representation or other advocates to file or at any point in the process?
No information available.
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What are the required elements of the civil rights claim?
Complaints against other students require: discrimination, harassment (including sexual harassment), or bullying against a student, including those based on a protected class as defined in HI Admin Rules 8-19-2.
Complaints against DOE employees, volunteers, or third parties require: negatively impacting a protected class student’s ability to participate or receive the benefits, services, or opportunities in the school’s program or activities. Conduct must occur on DOE property or outside DOE property if conduct was in connection with a DOE sponsored program or activity. HI Admin Rules 8-89-3.
Who reviews claims and what timeframes apply?
The principal or designee or complex area superintendent, in consultation with the Civil Rights Compliance Branch, will assess the complaint. HI Admin Rules 8-19-30; HI Admin Rules 8-89-6.
What type of investigation may occur?
When an investigation is required, the CRBC or a principal or designee will assign an impartial school level investigator (“investigator”) to conduct a thorough and impartial investigation. The investigator will conduct an analysis based on necessary relevant information and documents. HI Admin Rules 8-19-31; HI Admin Rules 8-89-6.
If an investigation is required, it will be completed within 60 calendar days of the filing of the complaint for complaints against DOE Employees. HI Admin Rules 8-19-31. For complaints against students, the investigator shall seek to complete the investigation within 5 days from the date the investigator was assigned to the matter. HI Admin Rules 8-19-31. Written notification will be given to the parties in the event of a delay.
Who participates in investigations?
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. After the investigation concludes, the investigator will provide their findings to a decision maker (sometimes a principal or designee). The decision maker, in consultation with the CRCB, will decide if any remedies will be provided to the parties involved. HI Admin Rules 8-19-31; HI Admin Rules 8-89-6.
Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
The Administrative Rules do not provide a right to any kind of hearing.
What privacy/confidentiality protections exist?
Information relating to complaints, investigations, and reports shall remain confidential and will only be shared with appropriate individuals necessary to complete the investigation and decision making process. HI Admin Rules 8-19-4.1; HI Admin Rules 8-89-11.
Are school districts required to publicly post civil rights complaint procedures?
Not specified.
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What is the appeals process, if any?
For complaints against students: Any disciplinary actions taken will be subject to HI Admin Rules 8-19-5 through 8-19-13, including any rights to appeal a particular disciplinary action. There is no appeal process for the finding of prohibited behavior.
There is no appeals process for complaints against DOE employees, volunteers, or third parties.
Are remedies legally enforceable once a violation is found?
The Rules do not suggest the remedies are legally enforceable. But the Rules explicitly provide the right to seek other relief as provided under federal and state laws. HI Admin Rules 8-19-35; HI Admin Rules 8-89-9.
Are there other administrative processes that must be exhausted before taking legal action?
No. The Rules explicitly provide the right to seek other relief at any time as provided under federal and state laws. HI Admin Rules 8-19-35; HI Admin Rules 8-89-9.
Do state agencies publish complaint outcome data?
No. Information relating to complaints, investigations, and reports shall remain confidential and will only be shared with appropriate individuals necessary to complete the investigation and decision-making process. HI Admin Rules 8-19-4.1; HI Admin Rules 8-89-11.
What enforcement mechanisms exist for non-compliance?
Remedies that are discipline-based are imposed by the principal or designee. The Rules do not explicitly provide an enforcement mechanism.
State Attorney General Enforcement Actions
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Has the AG taken civil rights actions involving education in the past 5 years?
Hawaii Attorney General Anne Lopez took a leading role in fighting drastic federal actions that threatened educational civil rights infrastructure.
In March 2025, Hawaii led a 21-state lawsuit to block the new administration’s plan to eliminate half of ED’s workforce and shutter core offices. Hawaii and its coalition obtained a preliminary injunction in May 2025, halting the administration’s unlawful “dismantling” of ED. A federal judge ordered that all fired ED employees (including civil-rights staff) be reinstated, recognizing that the attempt to incapacitate ED violated federal law.
In July 2025, AG Lopez joined a coalition of 24 states and D.C. in suing the federal administration over its abrupt freeze of $6.8 billion in K–12 education grants just weeks before the new school year.
What enforcement powers does the AG possess in education-related cases?
The AG may act under Article V, Section 6 of the Hawaii Constitution and HRS Chapter 28, which give the office broad authority to:
Enforce state law;
Investigate potential violations affecting the public interest;
Prosecute or defend actions on behalf of the state and its agencies;
Issue opinions to state officials, including those in the education system.
The AG serves as legal counsel to the Hawaii Department of Education (HIDOE) and the Board of Education, representing them in litigation and advising them on compliance with state and federal laws.
This includes defending HIDOE in lawsuits involving civil rights, student discipline, employment disputes, and constitutional claims (e.g., due process, equal protection).
The AG has independent authority to enforce state civil rights laws in education, particularly under:
HRS § 368D-1 – prohibits discrimination in educational programs on the basis of sex, gender identity or expression, and sexual orientation.
HRS § 368-1.5 – prohibits discrimination based on disability in state-funded services, including education.
The AG may bring civil enforcement actions or intervene in ongoing cases involving violations of these laws, especially if systemic or involving public interest, but the Attorney General generally does not serve as a front-line agency for individual K–12 education civil rights complaints. The Attorney General’s Civil Rights Litigation Division provides legal defense to the State and its departments when they are sued for civil rights or constitutional violation.
The Attorney General can initiate complaints or lawsuits in a broader capacity, for example, filing a complaint on its own initiative or on behalf of a class of people, but this is reserved for systemic or statewide issues rather than individual grievances. In practice, parents, students, or advocates cannot file a routine education discrimination complaint directly with the AG’s Office for resolution; such complaints are handled by specialized agencies.
Under Hawaii law, individuals file discrimination complaints with the Hawaii Civil Rights Commission (HCRC), not directly with the Attorney General.
Does the AG accept individual education civil rights complaints, or does the office only take on broad investigations? (if they do individual complaints, would want to answer the below complaint process questions for the AG’s office)
The Hawaii Attorney General’s Office itself does not have a separate public complaint process for individual education-related civil rights issues. Instead, it relies on these agencies and mechanisms. If a parent or advocate were to contact the Attorney General’s Office about a school discrimination concern, they would likely be referred to the HCRC or the DOE’s internal civil rights office, or advised to file with federal OCR, depending on the nature of the complaint.
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Does the AG have an office/section dedicated to education or education civil rights issues? (If the AG has sections or offices dedicated to education or children's rights issues, please identify that office when responding to relevant questions above and with respect to the complaint process below.)
The Hawaii Attorney General’s Office does not appear to have a standalone division or section solely dedicated to education or education-related civil rights issues.
Relevant AG Divisions That Handle Education Matters:
Education Division (within the AG’s Administration Division)
This division provides legal services to the Hawaii Department of Education (HIDOE), the Board of Education, and the Charter School Commission.
It handles matters such as public school policy, labor and employment, procurement, contracts, and regulatory compliance.
This division does not specialize in civil rights, but it would be involved in defending the state in litigation involving schools.
Civil Rights Litigation Division
This division defends state agencies, including educational institutions, when they are sued for alleged civil rights violations.
It does not typically handle individual complaint intake or enforcement; those roles are handled by the Hawaii Civil Rights Commission (HCRC) and HIDOE’s Civil Rights Compliance Branch.
Other State Enforcement Systems
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State Department of Education - relevant divisions and complaint processes
Hawaii Department of Education – Civil Rights Compliance Branch (CRCB) – Internal School Complaint Process: The Hawaiʻi DOE has its own Civil Rights Compliance Branch that handles internal investigations of discrimination or harassment complaints within public schools. Parents or students can file a complaint through the DOE’s procedure by using the official BOE Policy 305-10 complaint form available on the DOE website. Families are usually encouraged to report issues to the school principal or the DOE’s civil rights compliance staff first.
Human Rights/Relations Commissions (state and local)
Hawaii Civil Rights Commission (HCRC) – State Enforcement: The HCRC is the state agency responsible for enforcing Hawaii’s anti-discrimination laws.
Parents or students can file complaints with the HCRC if they believe a K–12 student has faced discrimination, harassment, or denial of services due to protected characteristics (race, sex, religion, ancestry, disability, etc.). The HCRC has an established process: individuals usually start by completing a Pre-Complaint Questionnaire, after which HCRC staff conduct an intake interview and assist in formalizing the complaint.
Notably, Hawaii law sets a 180-day deadline from the date of the alleged discriminatory act to file a complaint with HCRC, so timely reporting is important.
Contact information: Hawaiʻi Civil Rights Commission, 830 Punchbowl Street, Room 411, Honolulu, HI 96813; Phone: (808) 586-8636; Email: DLIR.HCRC.INFOR@hawaii.gov
State Civil Rights Departments independent of AG offices
Other State Offices with relevant jurisdiction
Agency: Hawaii Civil Rights Commission (HCRC)
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Who is eligible to file (students, parents, advocates, others)?
An individual who is aggrieved by an alleged unlawful discriminatory practice, or the attorney general or the HCRC acting on its own initiative, may file a written complaint. With respect to education, this may be covered under state programs and funded services if the discrimination is on the basis of disability AND the state program does not receive federal funds.) HRS § 368-11(a).
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)
No exhaustion steps specified.
How to initiate the process (relevant websites, standard forms, submission locations)
Fill out a Pre-Complaint Questionnaire (PCQ): Available at Hawaiʻi Civil Rights Commission | Forms. Send it to the Hawaiʻi Civil Rights Commission, 830 Punchbowl Street, Room 411, Honolulu, HI 96813; Phone: (808) 586-8636; or by Email: DLIR.HCRC.INFOR@hawaii.gov
Intake Investigator to aid with filing complaint: Once HCRC receives your PCQ, an intake investigator will review your form and contact you for an interview. If HCRC is able to help you with your claims, the intake investigator will help you file a complaint with HCRC.
Deadline: Complaints must be filed within 180 days from the date the discriminatory action took place. HRS §368-11(c).
Can complaints be filed anonymously or confidentially?
During the investigation, the HCRC investigators will use discretion as much as possible, however, gathering relevant information often requires the identification of party names, witnesses, and details of the alleged discriminatory action. In certain circumstances, such as in the cases of minors, or witnesses that may have a reasonable and clearly definable fear of suffering serious bodily or economic harm, retaliation, etc., identities may be kept confidential. Hawaiʻi Revised Statutes § 368-4(c). The HCRC will not release your name or details of your complaint to third parties wholly unrelated to your complaint of discrimination during the investigation.
Are there language access requirements for complaint processes?
Contact the HCRC if you would like help with the Pre-Complaint Questionnaire or if you require an accommodation. If English is not your first language, the HCRC will provide an interpreter at no cost to you.
Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
A complainant must fill out the Pre-Complaint Questionnaire. The complaint must state the name and address of the person or party that allegedly committed the unlawful discriminatory practice, the particular details of the discriminatory incident, and other information that may be required by the HCRC
Can complainants have advocates or legal representation?
Complainants do not need an attorney during this process, but they may obtain one at any time, even during the investigative stage. Additionally, representatives for parties do not have to be attorneys.
Are complainants entitled to legal representation or other advocates to file or at any point in the process?
The HCRC does not provide attorneys to complainants. But legal representation may be obtained by the complainant at any time.
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What are the required elements of the civil rights claim?
The complaint must state the name and address of the person or party that allegedly committed the unlawful discriminatory practice, the particular details of the discriminatory incident, and other information that may be required by the HCRC.
Who reviews claims and what timeframes apply?
After the filing of a complaint, or whenever it appears to the commission that an unlawful discriminatory practice may have been committed, the commission's executive director shall make an investigation in connection therewith. HRS §368-13.
What type of investigation may occur?
The investigator will conduct an objective investigation into the allegations of discrimination by gathering evidence, interviewing witnesses, and conducting site visits, if necessary. Evidence is gathered from both the person who filed the complaint (the “complainant”) and the person or organization the complaint is filed against (the “respondent”).
Who participates in investigations?
An investigator, the Commission’s executive director, the complainant, the respondent, and any witnesses.
Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
If, after the Executive Director finds reasonable cause to believe a discriminatory practice occurred and the HCRC attorneys are unable to settle the complaint, they will docket the case for an administrative hearing representing the Executive Director on behalf of the complaint filed.
The adjudications section of the HCRC holds administrative hearings in front of a hearings examiner and the Commission issues the final decisions and orders. The Commission is made up of five uncompensated volunteer commissioners appointed by the Governor with consent of the senate, based on their knowledge and experience in civil rights matters and commitment to preserving the civil rights of all individuals. Final decisions and orders by the Commission can be appealed to circuit court.
What privacy/confidentiality protections exist?
HCRC records relating to the investigation of filed complaints of discrimination are not government records releasable under the State’s Uniform Information Practices Act (UIPA). See Hawaiʻi Revised Statutes § 92F-13(4) and Hawaiʻi Revised Statutes § 368-4. See also OIP Op. Ltr. No. 91-22 at 11 (confirming that HRS § 368-4 controls the disclosure of investigatory files of filed complaints at the HCRC and such records are not subject to disclosure generally). Parties to complaints of discrimination may request copies of their closed case files, if they have an unexpired right to sue in circuit court or if a civil action has been filed, pursuant to Hawaiʻi Revised Statutes § 368-4. For HCRC records not related to specific investigations, individuals may use OIP’s model form to request the record.
Are school districts required to publicly post civil rights complaint procedures?
Not specified.
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What is the appeals process, if any?
A right to a de novo review to a circuit court. HRS §368-16.
Are remedies legally enforceable once a violation is found?
Yes. If the commission finds that unlawful discrimination has occurred, the commission shall issue a decision and order in accordance with HRS § 91 requiring the respondent to cease the unlawful practice and to take appropriate remedial action. HRS § 368-3 grants the HCRC the authority to order appropriate legal and equitable relief or affirmative action when a violation is found.
Are there other administrative processes that must be exhausted before taking legal action?
A complaint must first be filed with the HCRC. A legal claim cannot be filed until the HCRC issues a notice of right to sue. Upon issuance, a claim can be filed within 90 days. HRS § 368-12.
Do state agencies publish complaint outcome data?
The HCRC publishes decisions on its website. See Hawaiʻi Civil Rights Commission | Contested Case Decisions.
What enforcement mechanisms exist for non-compliance?
Within one year of a settlement agreement or decision on the merits in a contested complaint, the Commission shall investigate whether the terms of the agreement, settlement, or order are being complied with by the respondent. Upon a finding that the terms of the agreement, settlement, or the terms of the commission's order, are not being complied with by the respondent, the commission shall take affirmative action as authorized in section 368-3. HRS § 368-15.