Bill Text: HI HCR134 | 2018 | Regular Session | Introduced

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Bill Title: Requesting A Study On Laws And Policies Regarding Relationships Between Teachers And Students.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-13 - Referred to EDN/HED, JUD, referral sheet 39 [HCR134 Detail]

Download: Hawaii-2018-HCR134-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	134
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

Requesting a study on laws and policies regarding relationships between teachers and students.

 

 

 

     WHEREAS, recent headlines have brought attention to the issue of sexual harassment in the workplace and in the classroom, including the role that authority and power dynamics play in sexual harassment cases; and

 

     WHEREAS, even when consensual, a romantic relationship between a student and a teacher is an inherently uneven one, where the student is often susceptible to undue influence and pressure; and

 

     WHEREAS, it is necessary to ensure that students at all educational institutions in the State, public and private, are protected from persons who might abuse their positions of power and influence; and

 

     WHEREAS, the Hawaii Department of Education's Code of Conduct expressly prohibits employees, contractors, and volunteers from "any intentional solicitation, encouragement, or consummation of a romantic or physical relationship with a student, or any sexual contact with a student", regardless of whether the student is or has been under the care or supervision of that employee, contractor, or volunteer; and

 

     WHEREAS, likewise, the University of Hawaii's Executive Policy 1.203 recognizes that when "a relationship involves individuals with a power and/or control differential, it is of special concern because of the potential for conflict of interest, appearance of such conflicts, and/or abuse of power"; and

 

     WHEREAS, the University of Hawaii therefore prohibits initiating or engaging in new consensual relationships "between employees and students wherein a power and control differential exists"; and

 

     WHEREAS, while most, if not all, states have laws that prohibit consensual sexual relationships between adults and minors below a certain age, a number of other states have gone further by adopting laws that specifically prohibit certain types of relationships involving persons in positions of authority, such as teachers and educational staff; and

 

     WHEREAS, Connecticut, Maine, Kansas, Maryland, North Carolina, Ohio, Texas, and Washington, among others, have adopted laws prohibiting certain types of relationships or acts between students and teachers or other persons in positions of authority in schools; and

 

     WHEREAS, New Jersey and New Hampshire have adopted laws prohibiting certain types of relationships or acts between minors and persons in positions of authority, regardless of whether the relationship occurs in a school; and

 

     WHEREAS, these states have additionally provided for criminal penalties for engaging in these prohibited activities; and

 

     WHEREAS, the Legislature believes it is necessary and prudent to examine whether similar laws should be enacted in this State to ensure the safety of all students in the State, whether they attend a public or private school, or whether they attend an institution of lower education or higher education; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the Senate concurring, that the Legislative Reference Bureau is requested to:

 

     (1)  Conduct a study on the policies of the University of Hawaii System, Department of Education, and private schools in the state that address relationships between teachers and students;

 

     (2)  Include in the study a review of the laws of all states that have enacted laws prohibiting consensual or romantic relationships between teachers and students; and

 

     (3)  Submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2019; and

 

     BE IT FURTHER RESOLVED that the Department of Education, University of Hawaii System, Hawaii Association of Independent Schools, private schools of the State, their staff, and other relevant persons, agencies, and entities are requested to cooperate and assist the Legislative Reference Bureau, and to provide information requested by the Legislative Reference Bureau; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of the Legislative Reference Bureau, Superintendent of Education, President of the University of Hawaii, and Executive Director of the Hawaii Association of Independent Schools, who in turn, is requested to transmit copies of this Concurrent Resolution to the administrative heads of its member institutions.

 

 

 

	OFFERED BY:	_____________________________

Report Title:

Education; Students; Consensual or Romantic Relationships; Prohibition