Announcement

Collapse
No announcement yet.

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

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    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.
    This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

    Comment


    • #17
      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?
      Life is what you make of it...so please read the instructions carefully.

      Comment


      • #18
        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 10, 2009, 01:36 PM.

        Comment


        • #19
          Re: School did not report alleged sex assault of 12-year-old girl

          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.
          This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

          Comment


          • #20
            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.
            This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

            Comment


            • #21
              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?
              Now run along and play, but don’t get into trouble.

              Comment


              • #22
                Re: School did not report alleged sex assault of 12-year-old girl

                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

                Comment


                • #23
                  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.
                  This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

                  Comment


                  • #24
                    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 25, 2009, 02:52 PM.
                    This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

                    Comment


                    • #25
                      Re: School did not report alleged sex assault of 12-year-old girl

                      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.

                      Comment


                      • #26
                        Re: School did not report alleged sex assault of 12-year-old girl

                        Well, that didn't take long. A day after it was revealed that KS had a faculty member who was dismissed from an earlier teaching job for sexual misconduct at a Catholic seminary, that teacher (Thomas Gardipee) has been put on leave.

                        http://www.honoluluadvertiser.com/ar...acher+on+leave

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

                        Once again, KS president Michael Chun makes a laughable statement in the school's defense.

                        "At the time of his hire in 2002, Kamehameha Schools followed our normal hiring procedures, including criminal background and reference checks. At this time, we are investigating apparent inconsistencies between what the newspaper has reported and information we have gathered. The teacher is currently on leave as we review this situation."

                        Inconsistencies? Yeah, you're talking as if KS was given bad or inaccurate information before hiring Gardipee. No dice, Dr. Chun. This screw-up happened because your school FAILED to make inquiries about Gardipee at the institutions where he was formerly employed, as reported in the Advertiser.

                        Celichowski said his organization has no records indicating that Kamehameha Schools contacted its offices in Detroit or the rector of St. Lawrence Seminary to inquire about Gardipee's employment history.

                        "If a school had inquired about Gardipee's background in preparation for hiring him, the province and/or St. Lawrence would have provided the information that we were required and able to provide under the law," he said.

                        "We also would have encouraged and assumed that the inquirer would have done a background check that would include a review of available public records, including documents available from Wisconsin courts, the Wisconsin Department of Public Instruction, etc."


                        Y'know, Michael Chun was the man around whom the Kamehameha School protestors rallied around when they rebelled against the then-Bishop Estate Trustees (particularly Lokelani Lindsey) for micromanaging the school. There was even talk that the trustees wanted Chun ousted, and that outraged the protestors even more. But for all the faults and arrogance displayed by the former trustees, maybe they were right about Michael Chun not being competent for the job of school president and headmaster.
                        This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

                        Comment


                        • #27
                          Re: School did not report alleged sex assault of 12-year-old girl

                          Originally posted by Frankie's Market View Post
                          Inconsistencies? Yeah, you're talking as if KS was given bad or inaccurate information before hiring Gardipee. No dice, Dr. Chun. This screw-up happened because your school FAILED to make inquiries about Gardipee at the institutions where he was formerly employed, as reported in the Advertiser.
                          It is even worse than that .... it only took me about 5 minutes of searching the internet to come up with this public information:
                          http://www.bishop-accountability.org...hinCleared.htm
                          Disrobing and massaging himself in front of a student .... written about in the newspaper in Milwaukee Sentinel, I find it hard to believe that KS could not have found evidence of the teacher's background had they bothered to look!!
                          Now run along and play, but don’t get into trouble.

                          Comment


                          • #28
                            Re: School did not report alleged sex assault of 12-year-old girl

                            After two months, the other shoe has finally dropped. Both the Star Bulletin and Advertiser reports that Thomas Gardipee has resigned from his teaching position at Kamehameha School.

                            That Gardipee would not continue on as a teacher at KS once his troubled past was revealed is not surprising. But I don't like the way this story was reported in the SB.

                            Chun, who made the announcement yesterday, said criminal background checks conducted by an outside firm prior to the hiring of Gardipee in 2002 did not uncover any criminal convictions.

                            "We confirmed that all charges in the criminal suit brought against him in Wisconsin were dismissed," Chun said.
                            As a simple review of this thread will show,..... whatever background check KS President Michael Chun is talking about..... it did NOT include any request for records from either St. Lawrence Seminary (where Gardipee worked as a teacher and where the accusations against him were made) or from the Capuchin Province of St. Joseph (the religious order that owns and operates the school).

                            "We confirmed that all charges in the criminal suit brought against him in Wisconsin were dismissed," Chun said.
                            Yes, but was this confirmation regarding the specific allegations made at St. Lawrence before or after Gardipee was hired by KS? Chun said the school conducted its own background check before the hiring, however inadequate it was. That doesn't necessarily mean that Chun's latter statement about KS being aware of the criminal suit in Wisconsin being dismissed likewise happened before the hiring. Chun could be playing fast and loose with the facts in order to cover the school's rear end.

                            I've been ridiculed here for making careful distinctions between one sentence following another. But making unquestioning assumptions about one statement following another (but seperate) statement is how unsuspecting folks get taken in by the deception of others. It's an oft-used tactic by anyone who wants to mislead others, while at the same time not be caught in telling a lie if/when that person is later confronted by all the facts.
                            Last edited by Frankie's Market; November 14, 2009, 10:17 AM.
                            This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

                            Comment


                            • #29
                              Re: School did not report alleged sex assault of 12-year-old girl

                              Originally posted by Frankie's Market View Post
                              As a simple review of this thread will show,..... whatever background check KS President Michael Chun is talking about..... it did NOT include any request for records from either St. Lawrence Seminary (where Gardipee worked as a teacher and where the accusations against him were made) or from the Capuchin Province of St. Joseph (the religious order that owns and operates the school).
                              Yes, you are correct. Doing a criminal background check is just one of the steps that should be taken before hiring someone who will be working with children. Checking with previous employers should also be done. Often times there are problems that happen in employment that do not lead to a criminal prosecution, but are still important episodes for a potential employer to consider. Such as accusations of sexual misconduct that have not lead to a prison sentence .... but still should rule out someone from getting a new job around children.
                              KS was lacking in its protection of their students, and Mr. Chun will have a hard time wordsmithing around that error.
                              Now run along and play, but don’t get into trouble.

                              Comment


                              • #30
                                Re: School did not report alleged sex assault of 12-year-old girl

                                Well, sweeping sex assault cases under the rug doesn't only happen at private schools. Sad to say, it seems that widespread sexual abuse has taken place at the Hawaii School for the Deaf & the Blind.... and DOE officials have been aware of it for quite some time..... but did not report it to HPD immediately.

                                KITV

                                KHON

                                "We're talking about instances where boys are sodomized, girls are raped," said attorney Michael Green. “We're talking about digital penetration, we're talking about oral sex, and it's all over the place, whether it's in school buses, it's in dorms. Some people who can't see so they cant be witnesses, we have people who can't hear so they can't hear outcries."

                                Green says he has heard from families with cases as far back as 2006.

                                In one case it was allegedly instigated by one young student then worsened as other student victims were forced to become perpetrators themselves, fearing retaliation if they didn't follow suit.

                                Victims and their families say adults on campus -- and beyond -- knew.

                                "There's no question that people in the highest places of D.O.E. knew about this,” Green said. “They knew about it at the very latest in 2009 and probably before."
                                People in the highest places of DOE knew about this? I'm looking at you, Superintendent Kathryn Matayoshi.

                                And the state office knew about this at 2009 at the latest? I'm looking at you also, ex-Superintendent Patricia Hamamoto.
                                This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

                                Comment

                                Working...
                                X