Text of HI HB 2483 (2020)

HOUSE OF REPRESENTATIVES H.B. NO. 2483 THIRTIETH LEGISLATURE, 2020 STATE OF HAWAII A BILL FOR AN ACT relating to bullying. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The legislature finds that youths participating in educational and recreational activities have the right to be free from bullying. Bullying, and the related problems of harassment and retaliation, inhibit a young person's ability to learn and an educational or recreational activity provider's ability to teach students in a safe environment. In extreme cases, persistent bullying or harassment may result in suicidal ideation that drives a youth to inflict self-harm. In contrast, a safe and civil environment helps youths to learn and thrive. Therefore, it is imperative that providers of educational and recreational activities to youths in the State establish and maintain clear and consistent policies and procedures to address these problematic behaviors. Additionally, these providers must ensure that employees and staff who work closely with youths receive appropriate training on how to recognize and address bullying, harassment, and retaliation. The purpose of this Act is to require all entities that provide educational or recreational activities to youth to establish, maintain, and enforce written policies and procedures on bullying and related behaviors, and provide staff with appropriate annual training, regardless of whether the entity receives any government funding. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 10 to be appropriately designated and to read as follows: "Chapter BULLYING PREVENTION AND RESPONSE § -1 Definitions. As used in this chapter, unless the context clearly indicates otherwise: "Bullying" means any written, verbal, graphic, electronic, or physical act that: (1) May be based on a youth's actual or perceived race; sex, including gender identity or gender expression; sexual orientation; color; religion; ancestry; disability; any other distinguishing characteristic; or the youth's association with a person or group of persons with one or more of the actual or perceived foregoing characteristics; and (2) Substantially interferes with the youth's ability to participate in, or benefit from, the services or activities provided by a covered entity, or is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational or recreational environment. "Covered entity" means any agency or organization, or a contractor acting on the agency or organization's behalf, that provides educational or recreational activities to youth, including public and private schools, sports organizations, youth services providers, after-school programs, and summer fun programs, regardless of whether the entity receives any government funding. "Disability" means the state of having a physical or mental impairment that substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. The term does not include alcohol or drug use that impairs a person's activities or threatens the property or safety of others. "Electronic communication" means a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer, tablet, pager, or video or audio recording. "Employee" means an individual who performs a function for a covered entity and receives compensation for the performance of that function. "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. "Harassment" means any threatening, insulting, or aggressive conduct, which may be written, verbal, or physical, that is directed against a youth. Harassing conduct must have the effect of: (1) Placing a youth in reasonable fear of harm to the youth's person or damage to the youth's property; (2) Interfering with a youth's performance, opportunities, or benefits; or (3) Disrupting the orderly operation of a covered entity. "Party" means a person accused of bullying, harassment, or retaliation, a target of bullying, harassment, or retaliation, or a parent or legal guardian of either an accused or targeted person. "Retaliation" means an adverse action taken against an employee, volunteer, or youth because that person filed a complaint under the covered entity's bullying prevention policy; participated in a complaint or investigation proceeding under the bullying prevention policy; inquired about a person's rights under this chapter; or otherwise opposed acts covered under this chapter. An adverse action is any action that would dissuade a reasonable person from making or supporting a complaint under this chapter. "Sexual orientation" means a person's emotional and sexual attraction to another person based on the gender of the other person. "Youth" means an individual under the age of eighteen who is enrolled in a public school, public charter school, or private school, or who accesses the services or programs provided by a covered agency. § -2 Bullying prevention policy. (a) No later than July 1, 2021, a covered entity shall establish a bullying prevention policy that shall be enforced: (1) On the entity's property; (2) At entity-sponsored functions; (3) On the entity's transportation or transportation that the entity sponsors; and (4) In the context of electronic communications, to the extent that the communication is directed at a youth and meets the definition of bullying, harassment, or retaliation under section -1. (b) A covered entity's policy shall include: (1) The definitions of bullying, harassment, and retaliation as set forth in section -1; (2) A statement prohibiting bullying, harassment, and retaliation; (3) A statement that the policy applies to participation in functions sponsored by the entity; (4) An expected code of conduct for the entity's employees, volunteers, youths, and the parents or legal guardians of youths; (5) A list of consequences that may result from an identified incident of bullying, harassment, or retaliation; provided that the consequences are designed to: (A) Appropriately correct the prohibited conduct; (B) Prevent another occurrence of the prohibited conduct; (C) Provide a more severe penalty for repeat offenses and incidents of retaliation; (D) Protect the target of the bullying, harassment, or retaliation; and (E) Be flexible so that the consequences may be applied to each incident individually and be sufficiently varied in method and severity based on the nature of the incident, developmental age of the person engaging in the prohibited conduct, and any history of problem behavior by the person engaging in the prohibited conduct; (6) A procedure for reporting bullying, harassment, and retaliation that allows anonymous reporting; provided that a covered entity shall not formally respond solely on the basis of an anonymous report; (7) A procedure for prompt investigation of reports of bullying, harassment, and retaliation, or other violations of the covered entity's policy, including dissemination of the name and contact information of the person responsible for receiving reports; (8) A procedure for prompt notification to the parent or legal guardian of the youth alleged to have committed a prohibited act and the parent or legal guardian of the youth targeted by the alleged act; provided that if an administrator or director of the covered entity believes, in the administrator or director's professional capacity, that contacting the parent or legal guardian would endanger the health or well-being of a youth, the administrator or director may delay the contact as appropriate; and (9) An appeals process for a party who is not satisfied with the outcome of an initial investigation. (c) A covered entity shall disseminate its bullying prevention policy to youths and their parents or legal guardians, post the policy on its website, and ensure that any of its publications aimed at potential employees or participating youths contain a statement of the policy. § -3 Bullying prevention; annual training. Following the adoption of a bullying prevention policy, a covered entity shall: (1) Provide annual training to the entity's employees and volunteers who have significant contact with youth on bullying, harassment, retaliation, and the entity's bullying prevention policy; provided that the training on bullying, harassment, and retaliation align with national prevention education standards or best practices; and (2) Require satisfactory completion of the training in order to qualify for any entity-required recertification procedure. § -4 Retaliation; reporting; immunity. (a) An employee, volunteer, or youth shall not retaliate against a target or witness of bullying, harassment, or retaliation or a person who reports any of those acts. (b) An employee or volunteer who has witnessed an incident of bullying, harassment, or retaliation in violation of the covered entity's bullying prevention policy, or who has reliable information that a person has been subjected to acts prohibited by the policy, shall promptly report the incident or information to the person designated by the entity to receive reports. (c) An employee, volunteer, or youth who promptly and in good faith reports an incident of, or information on, a prohibited act in compliance with a bullying prevention policy adopted pursuant to section -2 shall be immune from a cause of action for damages arising from the report." SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ Report Title: Educational or Recreational Activities; Bullying; Harassment; Retaliation; Training Description: Requires all entities that provide educational or recreational activities to youths to establish, maintain, and enforce written policies and procedures on bullying, harassment, and retaliation, and provide staff with appropriate annual training, regardless of whether the entity receives any government funding. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.