Haw. Code R. § 8-19-2
As used in this chapter:
"Abusive language" means verbal messages that use words in an inappropriate way and may include but is not limited to swearing, name-calling, or profanity.
"Assault" means intentionally, knowingly, recklessly, or negligently causing serious bodily injury or bodily injury to another person with or without a dangerous instrument.
"Bullying" means any written, verbal, graphic, or physical act that hurts, harms, humiliates or intimidates a student, including those with protected class statuses, that is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment.
"Burglary" means entering or remaining without school authorization in a building that is either owned or operated by the department with intent to commit an offense against a person, or against school property or other property located at the school.
"Child Welfare Services" means the Child Welfare Services of the State of Hawaii Department of Human Services.
"Civil Rights Compliance Branch" means the entity within the department responsible for monitoring and/or conducting investigations of discrimination, harassment (including sexual harassment), and/or bullying complaints described in this chapter.
"Class cutting" means an unauthorized absence of a student from class.
"Complex area superintendent" means the chief administrative officer of a complex area and the school complexes therein.
"Contraband" means a property, other than which is unlawful to produce or possess, which, as defined by local school rules, is prohibited on school premises has in the past lead to bodily injury or disruption of school operations.
"Controlled substance" means a drug or substance as defined in parts I through V in chapter 329, Hawaii Revised Statutes.
"Correction and conference with student" means a student meets with an administrator, their teacher(s), and/or parent and receives instruction on demonstrating appropriate behavior.
"Crisis removal" means the immediate exclusion of a student from school in an emergency, because the conduct of the student presents a clear, immediate threat to the physical safety of self or others, or the student is so extremely disruptive as to make the immediate removal of the student necessary to preserve the right of other students to pursue their education free from undue disruption.
"Cyberbullying" means electronically transmitted acts, including but not limited to those transmitted through the Internet, cell phone, or other wireless hand-held device initiated by one student toward another student or employee of the department that hurts, harms, humiliates, or intimidates the student or employee; and is sufficiently severe, persistent or pervasive, that it creates an intimidating, threatening, or abusive educational environment. Cyberbullying can occur:
(1) On campus, or other department premises, on department transportation, or during a department sponsored activity or event on or off school property;
(2) Through a department data system without department authorized communication; or
(3) Through an off campus computer network [LESS THAN], if the conduct impacts the educational environment.
Additionally, cyberbullying may also be based on a person's protected class, including but not limited to, a person's race, color, religion, sex, sexual orientation, gender identity, gender expression, age, national origin, ancestry, disability, physical appearance and characteristics, and socio-economic status.
"Dangerous instrument, or 'substance'" means any explosive device, instrument, material, or chemical, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or bodily injury. Examples of such items include but are not limited to knives, pipe bomb devices, fireworks, pepper spray, mace, martial arts devices such as sticks and throwing stars; and inanimate objects such as pipes, sticks, or baseball bats swung at a person in a menacing manner so as to cause or threaten bodily injury.
"Dangerous weapon" means an instrument whose sole design and purpose is to inflict bodily injury or death. Examples of such instruments include but are not limited to a dirk, dagger, butterfly knife, switchblade knife, blackjack, slug shot, billy, metal knuckles, or other weapons that inflict bodily injury or death.
"Department" means the department of education.
"Detention" means detaining a student on school campus during non-instructional hours to require the student to carry out in-school educational or other activities as may be prescribed by school officials as a form of disciplinary action for student misconduct.
"Disciplinary transfer" means the removal of a student from the school the student is attending as a result of a violation of section 8-19-6. Disciplinary transfer does not include cases involving the revocation of geographic exceptions under chapter 13 of title 8 under circumstances in which the purpose for granting the geographic exception is no longer valid.
"Discrimination" means excluding the participation in or denying the benefits of the department's administration of its educational programs and activities, or otherwise treating a student differently on the basis of a protected class.
"Dismissal" means the removal of a student from Hawaii public schools for the remainder of the school year or for a period of not less than one calendar year for firearm violations.
"Disorderly conduct" means the following actions or activities on campus or other department premises, on department transportation, or during a department sponsored activity or event on or off school property:
(1) Engaging in fighting or threatening, or in violent or tumultuous behavior such as yelling or screaming, or both;
(2) Making unreasonable noise as to cause disruption of normal school operations;
(3) Making any offensively coarse utterance, gesture, or display, or addressing abusive language to any person present, which is likely to provoke a violent response;
(4) Creating a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit;
(5) Impeding or obstructing any person in a public school for the purpose of begging or soliciting alms or other forms of aid; or
(6) Inappropriate physical contact including but is not limited to consensual sex or consensual touching of body parts, or both.
"Drug paraphernalia" means any equipment, products, or materials of any kind, or combination thereof which is used, intended for use, or designed for use, in planting, harvesting, producing, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes, but is not limited to:
(1) Kits, devices, equipment, separation gins, balance scales, blenders, bowls, containers, spoons, capsules, balloons, envelopes, other objects used, intended for use, or designed for use in preparing, processing, mixing, storing, or concealing controlled substances;
(2) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use by injecting the controlled substances into the human body;
(3) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil, or forms of methamphetamine, or anabolic steroids into the human body, such as:
(A) Metal, wooden, glass, acrylic, stone, plastic, or ceramic pipes, water pipes, smoking and carburetion masks, roach clips; meaning objects used to hold burning materials such as marijuana cigarettes, that have become too small or too short to be held in the hand;
(B) Miniature cocaine spoons, and cocaine vials, bongs, ice pipes, or chillers; and
(C) Any and all other drug paraphernalia as described and defined pursuant to section 329-1, Hawaii Revised Statutes.
"Educational worker" means any administrator, specialist, counselor, teacher, or employee of the department, or a person who is a volunteer in a school program, activity, or function that is sponsored or approved by the department, or a person hired by the department on a contractual basis and engaged in carrying out an educational function.
"Extortion" means an act committed by a person who:
(1) Obtains, or exerts control over, the property or services of another with intent to deprive that person of the property or services by threatening by word or conduct to:
(A) Cause bodily injury in the future to the person threatened or to any other person;
(B) Cause damage to property;
(C) Subject the person threatened or any other person to physical confinement or restraint;
(D) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule, or to impair the person's credit or business repute;
(E) Reveal any information sought to be concealed by the person threatened or any other person;
(F) Testify provide information, or withhold testimony or information with respect to another's legal claim or defense;
(G) Take or withhold action as a public servant, or cause a public servant to take or withhold such action;
(H) Bring about or continue a strike, boycott, or other similar collective action, to obtain property which is not demanded or received for the benefit of the group which the student purports to represent; or
(I) Do any other act which would not in itself substantially benefit the person committing the act but which is calculated to substantially harm some person with respect to that person's health, safety, education, business, calling, career, financial condition, reputation, or personal relationship;
(2) Compels or induces another person to engage in conduct from which that person has a legal right to abstain or to abstain from conduct in which that person has a legal right to engage by threatening by word or conduct to do any of the actions set forth in paragraph (A) through (I) of this definition; or
(3) Makes or finances any extension of credit, or collects any extension of credit by extortionate means.
"Fighting" means instigating or provoking physical contact involving anger or hostility. Fighting includes but is not limited to:
(1) Engaging in mutual physical contact involving anger or hostility;
(2) Teasing, harassing, threatening, or intimidating others resulting in physical contact involving anger or hostility;
(3) Retaliating physically for teasing, harassing, threatening, or intimidating behavior; verbally inciting; or
(4) Physically supporting a fight by one's presence and encouragement.
"Firearm" means:
(1) Any weapon including but is not limited to a starter gun, shotgun, air guns which includes BB guns, pellet guns, paintball guns, or cross bow or any other instrument which will or is designed to or may readily be converted to expel a projectile;
(2) The frame or receiver of any such weapon;
(3) Any firearm muffler or firearm silencer; or
(4) Any destructive device. The term "destructive device" means:
(A) Any explosive, incendiary, or poison gas:
(i) Bomb;
(ii) Grenade;
(iii) Rocket having a propellant charge;
(iv) Missile having an explosive or incendiary charge;
(v) Mine; or
(vi) Device similar to any of the devices described in the preceding clause;
(B) Any type of weapon which will, or which may be readily converted to expel a projectile, including but is not limited to a weapon that expels a projectile by action of an explosive or other propellant; or
(C) Any combination or parts either designed or intended for use in converting any device described above, and from which a destructive device may be readily assembled. "Forgery" means:
(1) A student signing a name other than the student's own name on a document or;
(2) The illegal production or reproduction of materials such as fundraising or sports event tickets.
"Gambling" means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling does not include bona fide business transactions valid under the law of contracts, including but is not limited to contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but is not limited to contracts of indemnity or guaranty and life, health, or accident insurance.
"Gender expression" means the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyles, activities, voice, or mannerisms.
"Gender identity" means a person's internal, deeply-felt sense of being male, female, or other, whether or not that gender-related identity is different from the person's physiology or assigned sex at birth. Everyone has a gender identity.
"Harassment" means any threatening, insulting, or aggressive conduct, which can be written, verbal, or physical, and is directed against a student, including those with protected class status. Harassing conduct must have the effect of:
(1) Placing a student in reasonable fear of have to his or her person or property;
(2) Interfering with a student's educational performance, opportunities, or benefits; or
(3) Disrupting the orderly operation of a school.
"Hazing" means any conduct or method of initiation into any student organization or activity, whether on campus or other department premises, on department transportation, or during a department sponsored activity or event on or off school property, which willfully or recklessly endangers the physical or mental health of any student. Such conduct shall include, but is not limited to whipping, beating, branding, forced calisthenics, exposure to weather, forced consumption of any food, liquor, beverage, drug or other substance, indecent exposure, or any other treatment or forced physical activity which is likely to adversely affect the physical or mental health, or both, or safety of any student, or which subjects any student to extreme mental stress, including deprivation of sleep or rest, extended isolation, or personal humiliation.
"Hijacking" means to extort from another by a threat or a perceived threat.
"Homicide" means causing the death of another person.
"Inappropriate or questionable uses, or both, of internet materials and equipment" means that a student did not adhere to the department's state and school level technology guidelines. Examples of inappropriate or questionable uses of the department's computer and network resources include but are not limited to disabling or bypassing the filters, gambling software, music sharing software, or sexually explicit photographs and pictures that do not support the department's mission and purpose.
"Illicit drugs" means substances, the possession, distribution, ingestion, manufacture, use, sale, or delivery, of which are prohibited under chapter 329, Hawaii Revised Statutes and chapter 712, part IV, Hawaii Revised Statutes.
"Immediate interventions" means individualized services offered as soon as possible, but no later than seventy-two hours after receipt of the complaint, to either or both the complainant/victim or respondent involved in a complaint as appropriate to protect students from possible harassment or bullying, including racial, sexual, or disability discrimination, harassment or bullying. Immediate interventions may be offered prior to an investigation or while an investigation is pending. Immediate interventions pending an investigation may include counseling, extensions of time or other course-related adjustments, modifications of work or class schedules, campus escort services, restrictions on contact between the parties, leaves of absence, increased security and monitoring of certain areas of campus, or other similar accommodations. Immediate interventions may be put in place by the department on a case-by-case and temporary basis after receiving notice of a complaint and before any outcomes -investigatory, disciplinary, or remedial - have been determined. These measures may be instituted to preserve the complainant's/victim's educational experience, ensure the safety of all parties and the broader department community, maintain the integrity of the investigative and/or resolution process, and deter retaliation. Immediate interventions shall be available throughout all phases of an investigation. They may be amended or withdrawn as additional information is gathered.
"Individualized instruction related to student's problem behaviors" means as a result of a disciplinary action the student receives individualized instruction specifically related to the student's problem behaviors. Examples of individualized instruction include but are not limited to the development and implementation of behavior support plans, developing behavioral contracts or social skills training, or a combination of the foregoing.
"Insubordination" means disregard or refusal to obey an order which a teacher, officer, or other employee of the department is entitled to give.
"In-school suspension" means a student is temporarily removed from his/her school program for disciplinary purposes but remains under the direct supervision of school personnel to complete instruction work.
"Interim alternative educational setting" or "lAES" means a temporary placement for a student who has been suspended or otherwise removed from his current educational placement for disciplinary reasons in which the student continues to receive educational services to enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals set out in the student's lEP.
"Intoxicating substance use" means the use of any substance, which causes disturbance of the normal physical or mental functioning including but is not limited to alcohol.
"Laser pen/pointer" means a device that emits a bright laser light that appears as a dot on any surface at which it is aimed and is without authorized department purpose and use. Unless authorized, the possession or use is prohibited on campus, or other department premises, on department transportation, or during a department sponsored activity or event on or off school property.
"Leaving campus without consent" means leaving the premises of a school, department facility, or department program without first obtaining permission from school officials.
"Low intensity problem behaviors" means those behaviors that are demonstrated with low frequency, brief engagement, and do not lead to serious harm.
"Mail" or "mailed" means documents sent via:
(1) Regular mail;
(2) Certified mail; or
(3) Return receipt requested.
"Minor problem behaviors" means demonstration of low-intensity problem behaviors that may include, but are not limited to the following.
(1) "Defiance/disrespect/non-compliance" means student engages in brief or low-intensity failure to respond to adult requests;
(2) "Disruption" means student engages in low-intensity, inappropriate disruption;
(3) "Dress code violation" means student wears clothing that is not within the dress code guidelines defined by the school;
(4) "Inappropriate language" means student engages in low-intensity instance of inappropriate language;
(5) "Physical contact" means student engages in non-serious, inappropriate physical contact;
(6) "Property misuse" means student engages in low-intensity misuse of property;
(7) 'Tardy" means a student arrives to school after school has started, or a student arrives at class after class has started, or both.
"Negligence" means the failure to use the care that a prudent and careful person would use under similar circumstances which results in harm to a person or loss, destruction, breakage, or damage of school books, equipment, or of supplies.
"Parent" means the natural or legal parent, legal guardian or other legal custodian of the student. For students eighteen years of age or older, all parental rights herein transfer to the student, unless the natural or legal parent, legal guardian, or other legal custodian has legally obtained decision making rights for the student.
"Property damage" or "vandalism" means:
(1) Damaging the property of the school or another person;
(2) Destroying or defacing school property or facility; or
(3) Destroying or defacing school materials, such as but is not limited to planners, identification nametags, or meal cards.
"Protected class/basis" for the purposes of this chapter includes race, color, religion, sex, sexual orientation, gender identity, gender expression, age, national origin, ancestry, disability, physical appearance and characteristics, and socio-economic status.
"Remedies" are individualized services offered at the conclusion of an investigation that present the educational experience or ensure the safety of all students and the broader department community. Remedies for students may include, but are not limited to, the adjustment of academic schedules and coursework, and the provision of academic, medical and psychological support services.
"Rendering a false alarm" means a student causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, any governmental agency, or public utility that deals with emergencies involving danger to life or property.
"Restitution" means monetary or non-monetary repayment to the department or the State of Hawaii for the reasonable value of public school property lost, damaged, broken or destroyed as the result of student negligence or vandalism.
"Retaliation" means an adverse action against a student because they engaged in protected activity. Protected activity includes filing a complaint of discrimination, harassment (including sexual harassment), or bullying; participating in a complaint or investigation proceeding dealing with discrimination, harassment (including sexual harassment), or bullying; inquiring about rights under this chapter; or otherwise opposing acts covered under this chapter. An adverse action is any action that would dissuade a reasonable person from making or supporting a complaint under these rules. Reprisals or retaliation shall be prohibited when there is protected activity that was engaged in good faith.
"Robbery" means, in the course of committing a theft, or hijacking, a student:
(1) Attempts to kill another person, or inflicts or attempts to inflict serious bodily injury upon another person; or
(2) With or without a dangerous instrument:
(A) Uses force against the person with the intent to overcome the owner's physical resistance or physical power of resistance;
(B) Threatens the imminent use of force against the person of anyone who is present with intent to compel acquiescence to the taking of or escaping with the property; or
(C) Inflicts serious bodily injury upon another person. "School" or "public school" means all academic and non-college type schools established and maintained by the department in accordance with state law.
"School books" means library and textbooks.
"School official" means any administrator, specialist, counselor, teacher, school security attendant, or other department employee, responsible for the supervision of students. It does not include individuals whose services are procured.
"School related offenses" means offenses involving school property, or offenses committed on campus, or other department premises, on department transportation, or during a department sponsored activity or event on or off school property.
"School rules" means school wide conduct rules that have been established by the school.
"School staff" means any teacher, officer, or other employee of the department.
"Search" means if after requesting the student to voluntarily relinquish the contraband item(s) and the student refuses and there are reasonable grounds to believe that the student has violated the law or provisions prohibited under this chapter, or If there is a health or safety issue with illicit drugs, dangerous weapons, dangerous instruments or firearms, or a combination of the foregoing, the school official may examine the contents and belongings which may include but are not limited to purses, fanny packs, backpacks, jackets, shoes, socks, or any other outer clothing.
"Seizure" means to take possession of the contraband item(s) that is or are uncovered during a search.
"Serious discipline" means disciplinary actions including dismissals, disciplinary transfers, crisis removals, and suspensions which either exceed ten school days or will result in the student affected being crisis removed or suspended more than a total of ten school days in any single semester.
"Sexual assault" means the act of committing unwanted physical contact of a sexual nature on a person, whether by an acquaintance or by a stranger. Such contact is unwanted when it occurs without consent of the person, or when the person is incapacitated or otherwise incapable of giving consent. Consent means affirmative, conscious, and voluntary agreement to engage in agreed upon forms of sexual contact. If a student is a subject of sexual assault and is under the age of consent, it shall be deemed that no consent was given. Sexual assault is a form of sexual harassment.
"Sexual exploitation" means the violation of the sexual privacy of another, or taking unjust or abusive sexual advantage of another without consent and when such behavior does not otherwise constitute sexual assault. Consent means affirmative, conscious, and voluntary agreement to engage in agreed upon forms of sexual contact. If a student is a subject of sexual exploitation and is under the age of consent, it shall be deemed that no consent was given. Sexual exploitation is a form of sexual harassment.
"Sexual harassment" means any unwanted, unwelcome, or unsolicited verbal or physical act of a sexual nature directed at an individual because of his or her sex. Sexual harassment can include requests for sexual favors or sexual advances when submission to or rejection of the conduct is either an explicit or implicit term or condition of a student's education or participation in a department program, activity or service; or when submission to or rejection of the conduct is used as a basis in decisions affecting that student's education or participation in a department program, activity, or service. Sexual harassment also includes, but is not limited to, sexual misconduct, unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature. it can include conduct such as touching of a sexual nature, making sexual comments, jokes or gestures, writing graffiti or displaying or distributing sexually explicit drawings, pictures or written materials, calling students sexually charged names, spreading sexual rumors, rating students on sexual activity, or circulating, showing, or creating e-mails or websites of a sexual nature. Sexual exploitation and sexual assault also fall under the definition of sexual harassment.
"Sexual orientation" means a person's emotional and sexual attraction to another person based on the gender of the other person. Common terms to describe sexual orientation include, but are not limited to, heterosexual, gay, lesbian, and bisexual. Sexual orientation and gender identity are different.
"Smoking" or "use of tobacco" means possession, use, sale or distribution of tobacco products on campus, or other department premises, on department transportation, or during a department sponsored activity or event on or off school property.
"Stalking" means two or more acts of unwanted behavior, directed at a specific person that is sufficiently serious to cause physical, emotional, or psychological fear or to create a hostile intimidating or abusive educational environment.
"Strip search" means searches, which require the removal of clothing that results in the exposure of the genitals, the female breasts, or underwear or combination thereof.
"Suspension" means exclusion from school for a specific period during a school year.
"Switchblade knife" means any knife having a blade which opens automatically:
(1) By hand pressure applied to a button or other device in the handle of the knife, or
(2) By operation of inertia, gravity, or both.
"Terroristic threatening" means:
(1) A threat, by word or conduct, to cause bodily injury to another person or serious damage to property of another person;
(2) With the intent to cause, or in reckless disregard of the risk of causing evacuation of a building, place of assembly, or facility of public transportation; or
(3) Displaying a "look-alike" gun or weapon.
"Theft" means:
(1) Obtaining, or exerting control over, the property of another and depriving that person of the property;
(2) Obtaining, or exerting control over, the property of another by deceiving and depriving the person of the property;
(3) Obtaining, or exerting control over, the property of another which the person knows to have been lost or mislaid, or to have been delivered under a mistake as to the nature or amount of the property, the identity of the recipient, or other facts, and with the intent to deprive the owner of the property, the person fails to take reasonable measures to discover and notify the owner;
(4) Obtaining services, known by the person to be available only for compensation, by deception, false token, or other means to avoid payment for the services;
(5) Having control over the disposition of services of another to which the person is not entitled and diverts those services to the person's own benefit or to the benefit of a person not entitled thereto;
(6) Failing to make required disposition of funds by:
(A) Obtaining property from anyone upon an agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from the property or its proceeds or from the person's own property reserved in equivalent amount, and dealing with the property as the person's own and failing to make the required payment or disposition; or
(B) Obtaining personal services from an employee upon agreement or subject to a known legal obligation to make a payment or other disposition of funds to a third person on account of the employment, and intentionally failing to make the payment or disposition at the proper time;
(7) Receiving, retaining, or disposing of the property of another, knowing that it has been stolen, with intent to deprive the owner of the property; or
(8) Shoplifting:
(A) Concealing or taking possession of the goods or merchandise of any department store or department retail establishment, with intent to defraud;
(B) Altering the price tag or other price marking on goods or merchandise of any department store or department [of education] retail establishment, with intent to defraud; or
(C) Transferring the goods or merchandise of any department store or department retail establishment from one container to another, with intent to defraud.
"Trespass" means entering or remaining in or upon the premises of any school, or department facility after reasonable warning or request to leave by school authorities or police officer.
"Truancy" means a student is absent from class(es) or the school campus without authorization from the principal or designee.
Haw. Code R. § 8-19-2