Posted on: Thursday, August 5, 2004

Settlement reached in search suit

By Ken Kobayashi
Advertiser Courts Writer

The state will pay attorney fees of $8,500 under a settlement submitted to federal court yesterday of a lawsuit charging that a 15-year-old Big Island charter school student was illegally stripped searched.

The settlement also calls for the Hawai'i Academy of Arts and Sciences Charter School to reexamine its disciplinary policies and provide training about appropriate searches of its students. The Attorney General's Office will also offer similar training to other charter schools.

The suit filed by the American Civil Liberties Union Hawai'i was against Steve Hirakami, principal of the Big Island school, and his secretary, Andrea Irvine. It said the girl was forced to remove her pants and undergarments after she and two other students were accused of stealing $30 from a school employee in January 2003.

But Deputy Attorney General John Cregor yesterday said the state felt it had a strong case and the principal and secretary firmly believe they did nothing wrong. He said the girl was not stripped searched, but kept on a long sweatshirt as she removed her bra and pushed down her pants to expose her waistband.

He said the settlement avoids a trial that "could go either way" and the money for attorney fees will not go to the girl or her family.

Lois Perrin, legal director for the ACLU Hawai'i, hailed the settlement. She said in reviewing the policy on student searches, the Department of Education and the ACLU will "ensure other students will not be subjected to improper searches in the future."

Hirakami yesterday said he will make a statement later. Irvine could not be reached for comment.

Reach Ken Kobayashi at 525-8030 or at kkobayashi@honoluluadvertiser.com.