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The Honolulu Advertiser
Posted on: Wednesday, September 9, 2009

Kamehameha Schools' actions in sex assault case anger parents


By Mary Vorsino
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Eric Seitz

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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.

Seitz added that the girl and her parents, who called police themselves when they arrived at the Kapalama campus after being informed of the incident, are "devastated."

"As you can imagine, it's a major struggle," Seitz said. "They're having a very difficult time."

Seitz would not go into specifics on the alleged sexual assaults and the way in which Kamehameha Schools responded to them, saying "at this point our main concern is the young lady who is the victim."

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

"The greater concern is what we can do to help this young woman deal with what she now has on her plate," he said. "It doesn't really help us at this point publicly to rehash those issues."

Kamehameha Schools has said it relies on parents to file criminal complaints on behalf of their children, which is why police weren't called by campus officials.

School spokesman Kekoa Paulsen would not say yesterday whether the school is looking to revise the policy.

In an e-mailed statement, Paulsen said that "this matter is now in the hands of the police and the Honolulu Prosecutor's Office. Kamehameha Schools is cooperating fully in their investigations, and to preserve the integrity of that process — and out of respect for the privacy of all of the families involved — we will not further discuss this matter publicly."

Last week, Ann Botticelli, vice president for community relations and communications for the school, said, "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."

LEGAL QUESTIONS

Education officials and legal experts have raised questions about the decision by officials at the Kamehameha Schools Kapalama campus not to call police after the girl reported being sexually assaulted.

They said Hawai'i law 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.

Failure to comply with the reporting requirement is a petty misdemeanor.

Police spokeswoman Michelle Yu would not say yesterday whether the department is investigating the school's response to the incident.

The girl reported the alleged sex assaults to campus officials Aug. 31. She said she had been sexually assaulted on that day and the two previous days.

Her parents called police once they arrived at the Kapalama campus.

Two 13-year-old boys at the school were subsequently arrested on six counts of first-degree sexual assault, five counts of second-degree sexual assault, three counts of kidnapping and one count of burglary.

Police said the kidnapping count was not included in a petition filed with the Family Court to take the matter up. Officials would not say why the kidnapping counts were not included in the petition.

FAMILIAR FACE

Kamehameha's Kapalama campus on O'ahu has a boarding community of 555 students in grades seven through 12, according to its Web site.

The 600-acre campus is Kamehameha Schools' largest.

Seitz is no stranger to Kamehameha Schools.

The attorney represented five students who were expelled from the school in the wake of a sexual misconduct scandal in 2003. The students had been accused of making videotapes depicting sexual acts, something they denied.

Seitz also represented former Kamehameha Schools trustee Richard "Dickie" Wong, who faced allegations of wrongdoing linked to a Hawai'i Kai land deal. The case was later dropped.