School meetings sought in sex misconduct case

By Vicki Viotti
Advertiser Staff Writer

The lawyer representing five Kamehameha Schools students appealing their expulsion over allegations of sexual misconduct has complained that the school headmaster has not met face-to-face with his clients and may decide the case without disclosing to the students the evidence against them.

Eric Seitz is representing four boys expelled permanently, and a sophomore girl.

Seitz said he had represented more than a dozen Kamehameha students in disciplinary appeals, and that school president and headmaster Michael Chun always met with the students before making his decision.

Attorney Crystal Rose, who represents Kamehameha in the appeals, declined comment yesterday. School officials did not return calls for comment.

The school's Nov. 8 disciplinary action against the students stems from an alleged October incident that, according to witnesses, involved sexual activity and the making of a video.

One student, David Kaahanui Jr., has disputed publicly the school's conclusion that he was involved in any such incident. Seitz declined to name the remaining clients, who also disavow involvement in sexual misconduct.

Seitz added that the only incident being acknowledged by any of his clients is that the sophomore girl and one of the boys were kissing in a truck owned by another of the four boys. Seitz said he was told they were alone in the truck and not videotaped by anyone.

Seitz gave The Advertiser copies of an official notice of expulsion sent to one student and the letter to the girl that described the application process for readmission, including counseling with a psychotherapist required "as a result of her conduct."

The school has not explained why her status differs from that of the other students, he said.

Seitz also provided a copy of a letter sent to him by Rose that gave students a deadline of last Friday to submit new evidence, and indicated a decision would be made this week.

Seitz said the students had met the Friday deadline and were waiting for the school's response.

The appeal could lead to a lawsuit, he said, and while the court might not overturn the disciplinary action, it could press for a settlement to prevent long-term damage to the students' academic record.

"There are options," Seitz said. "The students could still get a Kamehameha Schools diploma, transferring their credits from another school.

"We could also agree on what is going to be conveyed to third parties about the students," he added. This is a particular concern for the seniors, who are applying to colleges and will need referrals, he said.

"I doubt we'd be able to force the school to readmit them," Seitz said. "But they're not entitled to inflict emotional stress on the students."

Reach Vicki Viotti at vviotti@honoluluadvertiser.com or 525-8053.