94-27Posted on Dec 30, 1994 in Formal Opinions
Opinion Letter No. 94-27
December 30, 1994
UH Sexual Harassment Report Must Be Disclosed to Parties
Under part III of the UIPA, relating to an individual’s right to inspect the individual’s personal records, the University of Hawaii at Manoa (UH) must disclose a fact-finding report relating to a formal complaint of sexual harassment to the complainant and respondent provided that a cause or no cause determination is made by the UH Vice President.
While under the UH’s sexual harassment complaint procedure, an investigating panel prepares a fact-finding report, which may include a cause or no cause determination. Under UH policies. the UH Vice President is responsible for making a cause or no cause determination. Until such a determination has been made, however, the UH may withhold the complainant’s and respondent’s access to the fact-finding report under a part III exemption for records relating to an “upcoming, ongoing, or pending civil or criminal action or administrative proceeding against the individual.”
The OIP opined that this exemption was intended to prevent the target of an administrative proceeding from obtaining premature access to the government’s evidence, and this policy would be frustrated were other persons mentioned in the fact-finding report provided access while the proceeding remains pending.