In the Circuit Court lawsuit, Seitz called the existence of a videotape "just a whole big myth that's been developed," based on rumors that circulated through the school and then were broadcast in media reports.

Three of the students — David Kaahanui, Tuata Bryson Mauga and Bronson Ahlo — since have graduated from public high schools, Kaahanui and Mauga from 'Aiea and Ahlo from Waipahu. Theodore "T.J." Kuahine Jr., now a senior, has been attending Wai'anae and Jaychelle Polendey, a junior this fall, transferred to Castle.

Two other students, a boy and a girl, also were expelled but declined to take part in the court challenge, Seitz said.

The suit, which seeks unspecified damages to be set in a jury trial, names the school as well administrators of its Kapalama campus: headmaster Michael Chun, principal Anthony Ramos, and Renee Martin, vice principal for the junior and senior classes.

All five students named in the suit, joined by some of their family members, gathered for yesterday's announcement. They described varied experiences over the past eight months, but all agreed that administrators had never claimed to have seen a videotape and did not produce a copy for them.

"If the school believed that there was a problem, they should have intervened to help them out, not throw them out," said Jodi Polendey, Jaychelle's mother. "They were looking out for themselves and not the children."

The suit also says school officials "intimidated" those on campus who objected to the expulsion.

Ray Soon, the school's vice president for community relations and communications, countered that the school had sufficient evidence to back its disciplinary move but said details would have to come out in the trial.

He took issue with the suit's allegations that the school acted "without any proper factual bases, investigation, substantiation or process" and said the intimidation charge does not reflect the "character" of school administrators.

"To be accused of rushing into a decision ... we certainly did not," he said. "We knew that (the controversy) was affecting the educational atmosphere. But we felt that the evidence was there."

Soon said that school officials and Seitz had been negotiating for an out-of-court settlement and acknowledged that the school was unwilling to concede on one demand: that the students be allowed to apply their outside credits toward a Kamehameha diploma. But he said he did not have other details of the proposal that was drawn up.

Seitz said that the students rejected the proposal on two fronts. The settlement would have allowed the students to apply for scholarships and financial aid, he said, but only those that are accessible to any applicant of Native Hawaiian ancestry.

It also would have compelled the school to "seal the files" on the investigation, he said, but school officials have "communicated negative information" about students to other schools, according to the lawsuit. T.J.'s mother, Michele Kuahine, said yesterday that was the reason other private schools turned down her son's application for this fall.

Soon said the school did not break any confidence, adding that "we've been careful not to implicate any of the kids."

The students attested to the turmoil of finding themselves at the center of a scandal. Mauga said many people believed the allegations because of the negative image applied to athletes.

"There's the stereotype that football players are dumb jocks, and we fought all the stereotypes," he said.

In the school's disciplinary action announced Nov. 8, Jaychelle Polendey was given the option of applying for readmission in 2005 for her senior year because by that time the turnover in student population would create a less contentious atmosphere for her, Seitz said.

But meanwhile, she said, her reception at Castle has been traumatic at times.

"I would be walking through the halls and they would be saying things to me ... like, there's six of them, so 'let's go make a video,' Jaychelle said. "It hurt."

Two of the students — Kuahine and Ahlo — have siblings at Kamehameha: Kuahine a brother in fifth grade and Ahlo a sophomore sister. Evelyn Ahlo, Bronson's mother, said her daughter "is going to be walking on eggshells for the next few years."

In addition to the loss of academic opportunities and the strain, the students missed proms, the senior lu'au, games and other cherished experiences of student life, especially during the senior year, Evelyn Ahlo said.

None expect the court action to be easy, but, Bronson Ahlo said, it's worth the risk. "I wanted the truth to come out," he said.

"We hope that by taking (the school) on, that other kids wouldn't have to go through this in the future," Seitz added.