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Thread: School did not report alleged sex assault of 12-year-old girl

  1. #1

    Default School did not report alleged sex assault of 12-year-old girl

    http://www.starbulletin.com/news/haw...-old_girl.html

    "School did not report alleged sex assault of 12-year-old girl"

    What is the reasoning or logic of Kamehameha Schools in not reporting an alleged sexual assault of a student on its campus in a dorm? According to the Starbulletin, quote:
    "Kamehameha Schools did not report to police that a 12-year-old girl was sexually assaulted, allegedly by two 13-year-old boys, in on-campus dorms, instead leaving it to the girl's parents to report the incident. 'If there were a mandatory reporting situation, we would have followed it,' said Ann Botticelli, spokeswoman for Kamehameha Schools. 'Our primary concern is the emotional stability of the child. We rely on parents to file criminal complaints on behalf of the children.' ”

    So, if the parents of the victim decide to not contact the police, it leaves the other students at risk. But is it not the responsibility of the school to insure the safety of all students? What could be the motiviation of Kamehameha School to purposely disregard the safety of other students? From the SB: “Botticelli said she could not comment on the safety of other students, including other boarders at the dormitories.” What???

    Perhaps it is explained by this observation in the SB article:
    " 'In a private or a public institution, when a legal crime has been committed when private or public, you're obligated to call police,' said Michael D'Andrea, a University of Hawaii professor in the College of Education and former coordinator of the Hawaii school-based violence prevention program. 'The responsibility of the professional educator is to protect the students and not to neglect the students, and sometimes that is outweighed by the politics of the schools,' D'Andrea said."

    Is the administration of Kamehamehe School more concerned about protecting its supposed reputation (reality check on reputation of the administration and overseerers: think “Broken Trust” here) over the protection of its students? Passing the buck to the parents of the victim? Is that the way to protect all students?
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  2. #2
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    Default Re: School did not report alleged sex assault of 12-year-old girl

    I'm slightly surprised by your total bafflement. Crimes (or accusations) involving minor victims are tricky. The school did say it was investigating, and for all you know part of that investigation involved the removal of the accused students from the dorm or from school. Specific disciplinary measures are routinely (and understandably) kept confidential, especially in ongoing investigations.

    I would agree with you that it would probably have behooved the school to report the incident to police, but I also understand the sensitivity to the alleged victim's family. Without knowing this girl or her history or her needs, you would presume that reporting this directly to the police is unDOUBTedly the right move? I can think of five specific reasons right off the top of my head for the girl's parents to want to make that call on their own. In a case such as this, even if I expected the school to report the incident to police, if I were the girl's parents, I would also have appreciated the school's leaving it to me to decide how to proceed. I think the best thing would be for the school to ask the parents first, "Would you like us to report this to the police, or would you prefer to handle that yourself?"

    In any case, of course Botticelli could not comment on the safety of the children. First of all, if she were authorized to do so, would you expect any answer other than, "Kamehameha Schools considers the safety of its students to be the topmost priority and measures have been taken to ensure that all students are not in danger beyond reasonable expectation?" Of course you wouldn't. A statement here would be meaningless. On the other hand, until proven guilty, those boys are also KS students and their privacy must also be protected. Any comment that might reveal who the boys are, such as "the boys have been removed from the dorms" risks those boys' anonymity. While that's probably tenuous at best anyway, it can't be the school itself that endangers the anonymity or it can get into even deeper kim chee.

    To clarify: I'm not saying the school was right in not reporting this incident. I am saying that it's not quite as clear-cut as you seem to be indicating. Schools are handcuffed by all kinds of confidentiality laws that make this a tricky situation for everyone involved.
    Last edited by scrivener; September 5th, 2009 at 10:13 PM.
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  3. #3

    Default Re: School did not report alleged sex assault of 12-year-old girl

    Quote Originally Posted by scrivener View Post
    I'm slightly surprised by your total bafflement.
    Thank you Scrivener for your thoughtful and politely written response. But actually I'm not baffled. I think D'Andrea probably was on the right trail.
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    Default Re: School did not report alleged sex assault of 12-year-old girl

    Quote Originally Posted by scrivener View Post
    I would agree with you that it would probably have behooved the school to report the incident to police, but I also understand the sensitivity to the alleged victim's family. [...] To clarify: I'm not saying the school was right in not reporting this incident. I am saying that it's not quite as clear-cut as you seem to be indicating. Schools are handcuffed by all kinds of confidentiality laws that make this a tricky situation for everyone involved.
    Oh, those pesky laws. Like that law that Ian Lind writes about in his (better investigative journalism than anything the newspapers are doing) blog?

    §350-1.1 Reports. (a) Notwithstanding any other state law concerning confidentiality to the contrary, the following persons who, in their professional or official capacity, have reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future, shall immediately report the matter orally to the department or to the police department:

    (2) Employees or officers of any public or private school;
    That does not sound ambiguous. At all.

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    Default Re: School did not report alleged sex assault of 12-year-old girl

    Child abuse does not equal sexual assault. An unwelcome touch, an uninvited kiss, or even indecent exposure could be grounds for a sexual assault accusation. I don't believe any of these qualifies as sexual abuse or neglect. Again, without knowing the details (as I commented on Ian's blog), how can you be sure this law was broken? And the details are not yours or mine to know.
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  6. #6

    Default Re: School did not report alleged sex assault of 12-year-old girl

    Quote Originally Posted by scrivener View Post
    Child abuse does not equal sexual assault. An unwelcome touch, an uninvited kiss, or even indecent exposure could be grounds for a sexual assault accusation. I don't believe any of these qualifies as sexual abuse or neglect. Again, without knowing the details (as I commented on Ian's blog), how can you be sure this law was broken?
    Ah! First of all, it is not for the school (public or private) to do its own internal investigation as to whether a crime took place. Anytime a student reports being sexually assaulted under any circumstances, the authorities must be called. No ifs, ands, or buts about this.

    Secondly, it is not the parent's call to decide whether the police should be called. Nope. If anyone was under the impression that the parents can call off a police report of a sexual assault their child makes, they are terribly mistaken and misinformed.

    The bottom line is that the police must carry out its own investigation whenever any accusation of sexual abuse is made by a child. Even if school officials and parents are skeptical about a child's accusation and there's strong reason to believe the story is without merit, the police must still be called, whether any charges get pressed or not.

    Having worked as public school teacher and a summer school director before, there's no question in my mind that the incident has to be reported to the police once a student reports such an incident. It doesn't matter what I think. It doesn't matter what the principal thinks. And no, it doesn't matter what the parents say. The proper authorities must be informed of the accusation.

    And if my knowledge and experience isn't good enough to convince people here, then maybe they will listen to the clear-cut statements made by a family court attorney and the DOE state superintendent.

    http://www.honoluluadvertiser.com/ap...+attorney+says

    Kamehameha Schools was required under state law to call police immediately after a 12-year-old girl reported being sexually assaulted repeatedly by two classmates over a three-day period that ended Monday, a prominent Family Court attorney said.

    Francis "Frank" O'Brien, a private attorney who specializes in child protection matters before the court, said Hawai'i law clearly states that employees or officers of a school must notify the state Department of Human Services or the police department immediately when a student reports being sexually assaulted.

    The reporting requirement applies to both public and private schools, O'Brien said.

    ********************

    State schools superintendent Patricia Hamamoto said the reporting requirement is spelled out in Chapter 19 of the Department of Education's administrative rules, which have the effect of law.

    "If we suspect something is criminal, we shall report it to the police," Hamamoto said. "We shall inform the police. It means mandatory reporting. For the department, if anyone knows of any potentially criminal activity, there must be a mandatory report to police."

    If she is on campus and a student reports he got beat up, "I have to pick up the phone and call the police, call the parents," Hamamoto said.


    ************

    Ann Botticelli and Kamehameha Schools are flat-out wrong when they state that it is up to the parents to decide whether or not to report the incident to the police. My goodness! What are those folks thinking????

    Quote Originally Posted by scrivener View Post
    To clarify: I'm not saying the school was right in not reporting this incident. I am saying that it's not quite as clear-cut as you seem to be indicating. Schools are handcuffed by all kinds of confidentiality laws that make this a tricky situation for everyone involved.
    Since we are dealing with minors here, it goes without saying that confidentiality laws have to be followed to protect the privacy of all students involved, whether they be the alleged victim or the accused. But the authorities still have to be called. Simply making a call to HPD doesn't violate any confidentiality laws. (If any curious onlooker starts asking questions about why police officers are present on the campus, it is up to the school officials involved in the situation to keep a tight lip.)

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    Default Re: School did not report alleged sex assault of 12-year-old girl

    I have to agree with Scrivener here. Without knowing the details, we can in no way say what the school did (or didn't) do what was the correct course of action in this instance. I have seen several instances (teens and preteens involved in so called sexual assault) where the police and subsequent media deluge caused more problems than the original complaint. That's not to say that the 2 13 yr olds didn't do something horrific and therefore should go to jail for the rest of their lives. If that's the case, then so be it. The parents will file charges and the 2 boys will be hung out to dry. However, what if it was simply a case of the girl feeling "uncomfortable" and (having been told over and over, if it makes you uncomfortable its wrong) "told" on the boys. Or worse, what if the boys were in her room (having been invited) and when they were caught, the girl yells foul to get out of trouble. I have seen both of these instances play out in the media. The problem comes in when the media gets involved. They see sexual assault and it's front page news. Forget the fact that they are underage and their names won't appear in the press. How much do you want to bet that through the rumor mill, everyone in school will know who it is. Then all the parents will know and friends of the parents will know and friends of the friends and so it goes. If it should happen that nothing horrific did happen, it is too late. Those kids will be labeled forever.

    Bottom line is, if it were my child (girl or boy) I would not want the school to decide to involve the authorities. I would want them to contact me and when we sift through all the details, make the decision to call or not.

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    Default Re: School did not report alleged sex assault of 12-year-old girl

    Quote Originally Posted by Frankie's Market View Post
    Ah! First of all, it is not for the school (public or private) to do its own internal investigation as to whether a crime took place. Anytime a student reports being sexually assaulted under any circumstances, the authorities must be called. No ifs, ands, or buts about this.
    And how do you know that the girl reported being sexually assaulted? We know that one of the boys was arrested for several counts of sexual assault; what if that's not at all what the girl told the school? And what if, when she explained it to the people she trusted most (her parents), more of the story came out and then it became a sexual assault issue. Without knowing the details, I don't understand how you can rush to judgment against the school.

    Secondly, it is not the parent's call to decide whether the police should be called. Nope. If anyone was under the impression that the parents can call off a police report of a sexual assault their child makes, they are terribly mistaken and misinformed.
    Again, without knowing the details, how do you know what the original accusation was? Are you saying that if someone flashes his genitals at a girl, the girls parents are obligated to call the police? That's not a clear-cut issue if you ask me. How do you know that the girl hasn't in the past been involved in very stressful situations involving courts or the police and to involve her again would be worse than to deal with the original accusation? I'm reaching here, I know, but my point is that there are a bunch of reasonable considerations here and you do not know the details of the girl's complaint.

    The bottom line is that the police must carry out its own investigation whenever any accusation of sexual abuse is made by a child. Even if school officials and parents are skeptical about a child's accusation and there's strong reason to believe the story is without merit, the police must still be called, whether any charges get pressed or not.
    Sexual abuse, yes. What about an uninvited kiss on the neck?

    Having worked as public school teacher and a summer school director before, there's no question in my mind that the incident has to be reported to the police once a student reports such an incident. It doesn't matter what I think. It doesn't matter what the principal thinks. And no, it doesn't matter what the parents say. The proper authorities must be informed of the accusation.
    Well, if there's no question in your mind, then it's settled! Once again, I would like to say that you do not know the details of the girl's accusation. It is entirely possible that nobody ever used the words "sexual assault" until the police filled out the paperwork. As for abuse, I'd like to know where you got your information that this girl was abused.

    [I]Kamehameha Schools was required under state law to call police immediately after a 12-year-old girl reported being sexually assaulted repeatedly by two classmates over a three-day period that ended Monday, a prominent Family Court attorney said.
    How does he know that the girl reported being sexually assaulted? And how do you?
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  9. #9

    Default Re: School did not report alleged sex assault of 12-year-old girl

    Quote Originally Posted by scrivener View Post
    And how do you know that the girl reported being sexually assaulted?
    So what are you saying? That maybe the girl reported an incident to the school, but that it wasn't for sexual assault?

    Even if what you say is true, the school clearly does not handle criminal situations involving children in the correct manner.

    http://www.honoluluadvertiser.com/ap...+attorney+says

    Ann Botticelli, vice president for community relations and communications for the school, said Wednesday that school officials did not contact police after the girl reported the incident. The school relies on parents to file criminal complaints on behalf of their children, Botticelli said at the time.

    It doesn't matter if the girl complained about getting raped or getting socked in the face. Those are all examples of criminal activity and the school has to report criminal incidents to both the police and the parents. But intead, they leave it to the parents to call the cops. That is wrong.

    Yesterday Botticelli gave what she called a fuller explanation of the process in an e-mail to The Advertiser:

    "When alleged student misconduct is reported at Kamehameha Schools, our first priority is to ensure the safety and emotional security of the student. We also begin an immediate investigation of the allegation, and as soon as we have reason to believe a serious incident occurred, we notify the students' parents, and we assist and support the parents if they decide to report the incident to the police."


    Interesting. The school talks about "assisting and supporting" the parents in reporting criminal incidents to the police.... but at the same time, putting the onus on them to make the decision to call the police. Once again, this is wrong. No matter how this particular incident is resolved, there's going to have to be drastic changes made in the school's policies and procedures re: the handling of any reports and accusations (confirmed or unconfirmed) of criminal activity taking place.

    Quote Originally Posted by acousticlady View Post
    Bottom line is, if it were my child (girl or boy) I would not want the school to decide to involve the authorities. I would want them to contact me and when we sift through all the details, make the decision to call or not.
    Here's the 21st century reality for you, then. A responsible school official who has been told by a student that they have been sexually assaulted would have no choice but to report the incident to the police, no matter what the parent tells them. Sad to say, some parents have tried to cover up sexual abuse for wrong and selfish reasons that are not in the interests and welfare of their own children. This has happened, for example, when kids are assaulted by relatives. The parents are confronted by these accusations as relayed through school counselors or social workers..... and the parents just want to look past it because of all the hardships, pain, and embarrassment it would cause within the family. I heard of one incident where a 6 year old boy was sexually abused by his grandfather, but the parents wanted to hush it up because they depended on the grandmother (who was unaware of the abuse at the time it took place) to care for their son afterschool as both of them had jobs. In these kinds of situations where the parents can't or won't take the steps necessary to protect the physical and mental wellbeing of their own children, then that is where CPS has to step in.
    Last edited by Frankie's Market; September 6th, 2009 at 03:48 PM.

  10. #10

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    Quote Originally Posted by scrivener View Post
    Are you saying that if someone flashes his genitals at a girl, the girls parents are obligated to call the police? That's not a clear-cut issue if you ask me. How do you know that the girl hasn't in the past been involved in very stressful situations involving courts or the police and to involve her again would be worse than to deal with the original accusation? I'm reaching here, I know, but my point is that there are a bunch of reasonable considerations here and you do not know the details of the girl's complaint.
    But the point is that is should NOT be left up to the discretion of a school (private and public). The school should notify the police, and then the police have the duty of handling the situation (talking to parents? arrests? etc). If, in your example, someone flashes his genitals at a girl on a school campus, the police should be notified regardless of outside situations (like the past stress of the victim).

    Quote Originally Posted by Frankie's Market View Post
    Sad to say, some parents have tried to cover up sexual abuse for wrong and selfish reasons that are not in the interests and welfare of their own children.
    Yeah, and the same might be said of a certain school regarding the welfare and safety of their students.

    Time will tell in this case.
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  11. #11

    Default Re: School did not report alleged sex assault of 12-year-old girl

    KS blew it and may pay a heavy price with a civil lawsuit.

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    Default Re: School did not report alleged sex assault of 12-year-old girl

    Remember the key word in this whole story is "alleged". No one really knows what really happened other than the school, the parents and the children involved. If the parents of the "alleged" victims determine there wasn't enough plausable reason to call the police, then the case is closed.

    When the media takes over, who knows how the headliners will spin this story.

    Yes if it were in fact sexual assault to the degree in which human rights were violated to the point of judicial intervention, then yes KSBE failed to follow the right course of action. BUT we don't know exactly what happened and to what extent.

    Before we go off on this accusatory path with very little information to make a sound conclusion as to what wrongful acts were committed, we need to step back and determine what the actual facts are and then form our own opinion. Or one can just read the headlines and make accusatory remarks with little regard to accuracy.
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  13. #13

    Default Re: School did not report alleged sex assault of 12-year-old girl

    Quote Originally Posted by craigwatanabe View Post
    Remember the key word in this whole story is "alleged".
    All accusations are legally just "alleged" until proven in a court of law. So having the term "alleged" is standard when describing crimes pretrial. The article [above] states, "The girl told school officials Monday morning that she had been assaulted in a dormitory on the Kapalama campus from Aug. 28 through Monday". Yes, that does make it just an "alleged" crime, but that "alleged" assault should have been reported to the police by the school.
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  14. #14

    Default Re: School did not report alleged sex assault of 12-year-old girl

    With respect, craigwatanabe, if a victim alleges a sex assault, then it is up to law enforcement to investigate and determine what happened and whether charges should be brought ~ not the parents and not the school.

    eta: I want to clarify that I am not saying that the public should think it's determining facts from news reports. But it really is not the role of parents or schools to investigate allegations of criminal matters and determine whether charges should be brought ~ especially when sex assault, abuse, neglect, or physical injury are alleged. That is the role of law enforcement and our judicial system.
    Last edited by Adri; September 9th, 2009 at 12:21 AM.

  15. #15

    Default Re: School did not report alleged sex assault of 12-year-old girl

    Quote Originally Posted by Ron Whitfield View Post
    KS blew it and may pay a heavy price with a civil lawsuit.
    Indeed. Attorney Eric Seitz is on the case and is putting the school's administration on notice.

    http://www.honoluluadvertiser.com/ar...+anger+parents

    The parents of a 12-year-old girl who reported being repeatedly sexually assaulted by two classmates in a Kamehameha Schools dormitory over a three-day period are angry with the way campus officials dealt with the incident, including with their decision not to call police after hearing the allegations, Honolulu attorney Eric Seitz said.

    "There were concerns about the way this was handled. We will be looking at those," said Seitz, who was retained by the parents yesterday. "There has been a lot of unhappiness expressed" by the parents.


    ***************

    But he did say that those details would be pursued, possibly for a civil lawsuit.

    Quote Originally Posted by Frankie's Market View Post
    No matter how this particular incident is resolved, there's going to have to be drastic changes made in the school's policies and procedures re: the handling of any reports and accusations (confirmed or unconfirmed) of criminal activity taking place.
    And it appears my earlier hunch is right, judging by the comments made by KS President Michael Chun.

    http://www.starbulletin.com/news/200..._notified.html

    He said the school followed normal procedure last week, ensuring the students were safe, gathering information, then notifying parents and assisting them if they wished to notify police. But in an apparent shift, the letter goes on to say:

    "However, we also recognize the police have a kuleana (responsibility) to investigate and gather evidence when a potential crime has occurred," Chun wrote. "We respect that kuleana and in the future will notify the proper authorities of serious offenses even as we fulfill our kuleana to our haumana (students)."


    Good to hear all that, but it's a day late and dollar short to help out this poor girl. And this negligence on the part of Chun's administration could prove to be very costly to the school and Bishop Estate.
    Last edited by Frankie's Market; September 9th, 2009 at 04:19 AM.

  16. #16

    Default Re: School did not report alleged sex assault of 12-year-old girl

    According to Eric Seitz, the girl will need to receive psychological counseling.

    http://www.starbulletin.com/news/200...reclusive.html

    I'll bet almost anything that no civil suit will go to trial. This thing will be settled out of court, with the terms kept confidential. KSBE officials will be too embarrassed to let the public know how much money has been squandered as a result of their incompetence.

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    Default Re: School did not report alleged sex assault of 12-year-old girl

    If KSBE asked the parents if they would request police intervention, what were the parent's reply? If yes, then KSBE didn't follow the wishes of the parents. If no, then KSBE did follow the wishes of the parents.

    As a parent, if I asked that no police intervention be allowed to my victimized child and KSBE did so anyway, I'd be a bit frustrated.

    As a parent, if I asked that police intervention be allowed to my victimized child and KSBE didn't follow up, I'd be pretty tweaked!

    So what happened?
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  18. #18

    Default Re: School did not report alleged sex assault of 12-year-old girl

    If the child reported being sexually assaulted, then the school is a mandatory reporter under Hawaii law. It is not the school's choice to decide whether to report it or not. It's a misdemeanor (maybe a petty misdemeanor) to not report it. For the school to delay reporting it (whether on the parents wishes or not) risks loss of evidence, more of a chance for witness tampering to occur and just plain breaks the law.

    The news that I've read, however, seems to indicate that the parents are alleging that Kamehameha delayed in notifying even the parents and the delay in notifying the parents and the police increased their upset with the school. It seems that the parents would have wanted the police notified since the police were notified after the parents were notified.

    eta: to correct my prior post. Under the section cited by Glenn Miyashiro, the parents are not listed mandatory reporters but I thought that the parents do have a legal obligation to report allegations of sex abuse but don't know where it would be listed in the law.
    Last edited by Adri; September 10th, 2009 at 02:36 PM.

  19. #19

    Default Re: School did not report alleged sex assault of 12-year-old girl

    Quote Originally Posted by Adri View Post
    eta: to correct my prior post. Under the section cited by Glenn Miyashiro, the parents are not listed mandatory reporters but I thought that the parents do have a legal obligation to report allegations of sex abuse but don't know where it would be listed in the law.
    Good question.

    But even if no such law exists, I would caution parents about hushing up any sexual abuse they are aware of that involves their children. Remember, if your child tells you they were assaulted and you do nothing about it, then your custodial rights could be in jeopardy if your child reports the incident to someone else (especially a person who is required under §350-1 to report such incidents to the police or DHS). This would fall under the terms of §571-46.

    http://www.capitol.hawaii.gov/hrscur..._0571-0046.htm

    §571-46 Criteria and procedure in awarding custody and visitation; best interest of the child. (a) In actions for divorce, separation, annulment, separate maintenance, or any other proceeding where there is at issue a dispute as to the custody of a minor child, the court, during the pendency of the action, at the final hearing, or any time during the minority of the child, may make an order for the custody of the minor child as may seem necessary or proper.

    *********************

    (b) In determining what constitutes the best interest of the child under this section, the court shall consider, but not be limited to, the following:

    (1) Any history of sexual or physical abuse of a child by a parent;

    (2) Any history of neglect or emotional abuse of a child by a parent;

    (6) The physical health needs of the child;

    (7) The emotional needs of the child;

    (8) The safety needs of the child;


    So if a parent is aware that their child has been sexually abused, but does not report the incident to the authorities and does not provide the appropriate medical treatment or counseling that their child needs, imagine the chain of events that could happen if that emotionally distraught child tells their teacher, counselor, or doctor about what has happened..... and that their mom and dad knew about it and did nothing. Oh boy!!!!

    In that situation, DHS could come a knockin' at that family's door and possibly have the child removed from the custody of the parents in the "best interests" of the child, as defined in §571-46.

  20. #20

    Default Re: School did not report alleged sex assault of 12-year-old girl

    The SB editorial staff weighs in on the matter.

    http://www.starbulletin.com/editoria..._assaults.html

    Kamehameha Schools was derelict in leaving the decision to contact police about an alleged rape of a student up to the parents. School officials should have been aware of their legal requirement to report the incident to police, who in turn should have informed all schools long ago through its outreach programs about the legal obligation of both public and private schools.

  21. #21

    Default Re: School did not report alleged sex assault of 12-year-old girl

    Another school incident (different school this time). In this one, it does not make sense about who was arrested. Granted, more details later on will probably clarify the charges.

    In today's online Advertiser: Sexual assault reported at Kaimuki High School. Police are investigating an incident at Kaimuki High School yesterday in which a witness reported seeing a 15-year-old girl performing a sexual act on a 17-year-old boy.The incident allegedly took place in a restroom at the school about 3 p.m. Police were sent to the school and arrested the boy on suspicion of first-degree sexual assault. He was later released pending further investigation.

    I thought the age of consent in Hawaii was 16, except that a person who is 14 or older can legally consent to sex with a person who is 19 or younger. So, if the girl was "performing" the sexual act, how come the boy ended up arrested?

    Unless the girl was being forced. If so, what is going on with our youth in our schools? Is school becoming a prime arena for sexual assault?
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    Lightbulb Re: School did not report alleged sex assault of 12-year-old girl

    Quote Originally Posted by Amati View Post
    Another school incident (different school this time). In this one, it does not make sense about who was arrested. Granted, more details later on will probably clarify the charges.

    In today's online Advertiser: Sexual assault reported at Kaimuki High School. Police are investigating an incident at Kaimuki High School yesterday in which a witness reported seeing a 15-year-old girl performing a sexual act on a 17-year-old boy.The incident allegedly took place in a restroom at the school about 3 p.m. Police were sent to the school and arrested the boy on suspicion of first-degree sexual assault. He was later released pending further investigation.

    I thought the age of consent in Hawaii was 16, except that a person who is 14 or older can legally consent to sex with a person who is 19 or younger. So, if the girl was "performing" the sexual act, how come the boy ended up arrested?

    Unless the girl was being forced. If so, what is going on with our youth in our schools? Is school becoming a prime arena for sexual assault?
    Here is the story (unrelated to this topic) that Amati is talking about. Interesting that they took the part out about the “witness” in the Saturday News Briefs edition.

    We can’t be so fixated on our desire to preserve the rights of ordinary Americans.

    — U.S. President Bill Clinton
    USA TODAY, page 2A
    11 March 1993

  23. #23

    Default Re: School did not report alleged sex assault of 12-year-old girl

    A former Kamehameha student comes out and bravely tells of her horrific experience of being sexually assaulted on the Kapalama Heights campus..... and not being protected by the school's administration, despite reporting the incident.

    http://www.kitv.com/video/20894074/index.html

    I'm sure whoever was the KS middle school principal 24 years ago who allowed Carmael Stagner's attackers to stay in school (while Carmael herself couldn't face going back because she didn't feel safe) reasoned to himself/herself that the school had to conduct its own investigation and handle the matter internally to be fair to everyone, respect the wishes of parents, and to protect the school's public image. But as the old saying goes,.... the road to hell has often been paved with good intentions. What were the sum results of KS handling of Carmael Stagner's situation? Denby Fawcett's news story makes it clear:

    1) Carmael's attackers were allowed to stay at KS and receive their education there.

    2) Carmael's vulnerability led to her decision to leave KS, becoming withdrawn, and ending up with a GED after showing so much promise and potential prior to being sexually harassed and assaulted.

    Is this justice? Is this the way we want sexual assault cases involving minors to be handled?

    Like almost every police departmentment in the nation, HPD has a sex crimes detail that specializes in investigating and handling these types of cases. School officials and parents, however well meaning they may be, do not have the training and the expertise to take proper care of these situations on their own. And in case any teacher or parent here is wondering,..... yes, law enforcement is aware of the need to respect the privacy rights of everyone involved in an investigation. In many ways, I would suspect that their familiarity and understanding of privacy laws for both adults and minors would far exceed the knowledge of the average Joe.

    Something to think about for the misguided souls who still thinks that parents and school officials should have the discretion of reporting sex assault cases to the police.

  24. #24

    Default Re: School did not report alleged sex assault of 12-year-old girl

    Oh oh! Yet another troubling story about KS and the policies they have in place to safeguard its students from sexual assault.

    KS hired a teacher (Thomas Gardipee) who was removed from his teaching position at a Catholic private school on the mainland 16 years ago after multiple accusations of sexual misconduct against students.

    http://www.starbulletin.com/news/200...hallenged.html

    What's disturbing about KS' actions in the matter was what they didn't do.

    Although it is customary for employers to check references before hiring, St. Lawrence School has no records of Kamehameha Schools inquiring about Gardipee, according to Timothy Schroeder, business manager at St. Lawrence. Nor does the Capuchin Province of St. Joseph have any record of an inquiry from Kamehameha Schools about Gardipee's background, Celichowski said.

    KS made no reference or background check about Thomas Gardipee with his previous employer before hiring him. Unbelievable!!! Sorry Kekoa, but the controversy swirling around this story isn't going to magically disappear simply by saying that personnel records are confidential. Saying that the school leaves it to parents to call the police after a child reports being sexually assualted didn't get KS off the hook for not reporting the incident to the authorities ASAP either, did it???

    As if that wasn't disturbing enough, here's another thing from that article that really bothered me.

    On a Web site where students rate their teachers -- ratemyteachers.com -- one Kamehameha student raved about a trip to Europe with Gardipee. The 2007 entry reads: "Gardipee owns!!!go on his europe trip." Asked whether Gardipee takes students on trips, Paulsen replied, "I'm told that he does that independent of KS -- that is not a KS-sponsored activity."

    So just because Gardipee organizes an activity that is not sponsored by the school,..... does that mean that his employer (KS) thinks it is none of their concern about what happens on such activities? Incredible!!!

    I'm aware that my cutting criticisms and condemnations of Kamehameha officials on this thread may not be well received by some folks here who either work at or send their children to the school. Perhaps my criticisms are seen as an attack against people who happen to be personal friends with some of the denizens in HT. But no matter how deep those personal ties run,.... I think we can all agree that the number #1 concern everyone should have is for the welfare of the students. It's certainly true for me, which is why I'm saying all this. If the administration at KS has its priorities in order, they would get their collective heads out of their okoles and get their policies and practices up to date with the 21st century. Forget about the school president being the godfather of your children or the principal being your former 8th grade science teacher and a lifelong family friend. If the KS students of today are the #1 priority, then the parents/teachers/concerned community members need to demand that school officials implement all proper and necessary safeguards and policies that will protect the kids. And if those officials can't do the job, then replacements need to be found. No excuses.
    Last edited by Frankie's Market; September 25th, 2009 at 03:52 PM.

  25. #25

    Default Re: School did not report alleged sex assault of 12-year-old girl

    Quote Originally Posted by Frankie's Market View Post
    I'm aware that my cutting criticisms and condemnations of Kamehameha officials on this thread may not be well received by some folks here who either work at or send their children to the school.
    Don't fret, you are not alone, "Broken Trust" already exposed that the children are not always the priority of officials.
    Now run along and play, but don’t get into trouble.

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