Hawaii schools must investigate worker harassment and plan for safety

The Department of Education and public charter schools must investigate worker harassment reports and report certain threats to law enforcement. These duties apply to reports about harassment by someone outside the worker's department or public charter school because of the worker's job. The investigation must be internal; an investigation by a hired outside party does not count. A law enforcement report is required only when the incident involves a possible threat of physical harm to the worker or another person. The school must report a covered incident within 48 hours of receiving the worker's report.

The Department of Education and public charter schools must set harassment procedures, make written emergency safety plans, and provide yearly training. The procedures must cover workers who are excluded from collective bargaining. The training covers all educational workers and includes handling harassment and calming tense situations. The department must include its procedures in the yearly start-of-school information for employees and post them online; charter schools must give procedures to employees each year and post them online. Schools must consider workers' suggestions when preparing safety plans. Training must be provided annually. The department shares its procedures in its yearly start-of-school packet; charter schools provide theirs to employees each year.

Schools must help workers seek temporary restraining orders and repay the cost of serving the orders; the attorney general may assist workers seeking orders. School help applies to workers seeking orders over job-related harassment by someone outside their department or public charter school. The attorney general may help workers subjected to harassment or intentional bodily injury. School reimbursement covers the cost of serving an order, but not attorney fees or court costs. The attorney general's help is optional and does not include legal representation or filing a petition for the worker.

A person who commits harassment against an educational worker on duty or inside an educational facility commits a misdemeanor. Covered workers include school staff, certain school volunteers, sports officials, and contracted workers carrying out school functions. Harassment requires intent to harass, annoy, or alarm, along with conduct listed in the law, such as certain threatening communications or disrupting school functions. Other harassment remains a petty misdemeanor.