U Memo 22-02Posted on May 31, 2022 in Informal Opinions - UIPA Opinions
U Memo 22-02
May 31, 2022
Workplace Nonviolence Complaint
Requester sought from the University of Hawaii (UH) a copy of a workplace nonviolence complaint (the Complaint) made against her, which the UH denied on the basis that the investigation into the Complaint was ongoing at that time.
OIP found that UH’s workplace nonviolence complaints process was an administrative proceeding against Requester and the Complaint fell into the category of “investigative reports and materials.” In response to a personal record request, an agency may withhold “investigative reports and materials, related to an upcoming, ongoing, or pending civil or criminal action or administrative proceeding” against the individual who made the record request. Hawaii Revised Statutes (HRS) § 92F-22(4). OIP therefore concluded that the open investigation exemption to the disclosure of personal records found in section 92F-22(4), HRS, allowed UH to deny access to the Complaint while the investigation was still ongoing.