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

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

    http://www.starbulletin.com/news/haw...-old_girl.html

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

    What is the reasoning or logic of Kamehameha Schools in not reporting an alleged sexual assault of a student on its campus in a dorm? According to the Starbulletin, quote:
    "Kamehameha Schools did not report to police that a 12-year-old girl was sexually assaulted, allegedly by two 13-year-old boys, in on-campus dorms, instead leaving it to the girl's parents to report the incident. 'If there were a mandatory reporting situation, we would have followed it,' said Ann Botticelli, spokeswoman for Kamehameha Schools. 'Our primary concern is the emotional stability of the child. We rely on parents to file criminal complaints on behalf of the children.' ”

    So, if the parents of the victim decide to not contact the police, it leaves the other students at risk. But is it not the responsibility of the school to insure the safety of all students? What could be the motiviation of Kamehameha School to purposely disregard the safety of other students? From the SB: “Botticelli said she could not comment on the safety of other students, including other boarders at the dormitories.” What???

    Perhaps it is explained by this observation in the SB article:
    " 'In a private or a public institution, when a legal crime has been committed when private or public, you're obligated to call police,' said Michael D'Andrea, a University of Hawaii professor in the College of Education and former coordinator of the Hawaii school-based violence prevention program. 'The responsibility of the professional educator is to protect the students and not to neglect the students, and sometimes that is outweighed by the politics of the schools,' D'Andrea said."

    Is the administration of Kamehamehe School more concerned about protecting its supposed reputation (reality check on reputation of the administration and overseerers: think “Broken Trust” here) over the protection of its students? Passing the buck to the parents of the victim? Is that the way to protect all students?
    Now run along and play, but don’t get into trouble.

  • #2
    Re: School did not report alleged sex assault of 12-year-old girl

    I'm slightly surprised by your total bafflement. Crimes (or accusations) involving minor victims are tricky. The school did say it was investigating, and for all you know part of that investigation involved the removal of the accused students from the dorm or from school. Specific disciplinary measures are routinely (and understandably) kept confidential, especially in ongoing investigations.

    I would agree with you that it would probably have behooved the school to report the incident to police, but I also understand the sensitivity to the alleged victim's family. Without knowing this girl or her history or her needs, you would presume that reporting this directly to the police is unDOUBTedly the right move? I can think of five specific reasons right off the top of my head for the girl's parents to want to make that call on their own. In a case such as this, even if I expected the school to report the incident to police, if I were the girl's parents, I would also have appreciated the school's leaving it to me to decide how to proceed. I think the best thing would be for the school to ask the parents first, "Would you like us to report this to the police, or would you prefer to handle that yourself?"

    In any case, of course Botticelli could not comment on the safety of the children. First of all, if she were authorized to do so, would you expect any answer other than, "Kamehameha Schools considers the safety of its students to be the topmost priority and measures have been taken to ensure that all students are not in danger beyond reasonable expectation?" Of course you wouldn't. A statement here would be meaningless. On the other hand, until proven guilty, those boys are also KS students and their privacy must also be protected. Any comment that might reveal who the boys are, such as "the boys have been removed from the dorms" risks those boys' anonymity. While that's probably tenuous at best anyway, it can't be the school itself that endangers the anonymity or it can get into even deeper kim chee.

    To clarify: I'm not saying the school was right in not reporting this incident. I am saying that it's not quite as clear-cut as you seem to be indicating. Schools are handcuffed by all kinds of confidentiality laws that make this a tricky situation for everyone involved.
    Last edited by scrivener; September 5, 2009, 09:13 PM.
    But I'm disturbed! I'm depressed! I'm inadequate! I GOT IT ALL! (George Costanza)
    GrouchyTeacher.com

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    • #3
      Re: School did not report alleged sex assault of 12-year-old girl

      Originally posted by scrivener View Post
      I'm slightly surprised by your total bafflement.
      Thank you Scrivener for your thoughtful and politely written response. But actually I'm not baffled. I think D'Andrea probably was on the right trail.
      Now run along and play, but don’t get into trouble.

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      • #4
        Re: School did not report alleged sex assault of 12-year-old girl

        Originally posted by scrivener View Post
        I would agree with you that it would probably have behooved the school to report the incident to police, but I also understand the sensitivity to the alleged victim's family. [...] To clarify: I'm not saying the school was right in not reporting this incident. I am saying that it's not quite as clear-cut as you seem to be indicating. Schools are handcuffed by all kinds of confidentiality laws that make this a tricky situation for everyone involved.
        Oh, those pesky laws. Like that law that Ian Lind writes about in his (better investigative journalism than anything the newspapers are doing) blog?

        §350-1.1 Reports. (a) Notwithstanding any other state law concerning confidentiality to the contrary, the following persons who, in their professional or official capacity, have reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future, shall immediately report the matter orally to the department or to the police department:

        (2) Employees or officers of any public or private school;
        That does not sound ambiguous. At all.

        Comment


        • #5
          Re: School did not report alleged sex assault of 12-year-old girl

          Child abuse does not equal sexual assault. An unwelcome touch, an uninvited kiss, or even indecent exposure could be grounds for a sexual assault accusation. I don't believe any of these qualifies as sexual abuse or neglect. Again, without knowing the details (as I commented on Ian's blog), how can you be sure this law was broken? And the details are not yours or mine to know.
          But I'm disturbed! I'm depressed! I'm inadequate! I GOT IT ALL! (George Costanza)
          GrouchyTeacher.com

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          • #6
            Re: School did not report alleged sex assault of 12-year-old girl

            Originally posted by scrivener View Post
            Child abuse does not equal sexual assault. An unwelcome touch, an uninvited kiss, or even indecent exposure could be grounds for a sexual assault accusation. I don't believe any of these qualifies as sexual abuse or neglect. Again, without knowing the details (as I commented on Ian's blog), how can you be sure this law was broken?
            Ah! First of all, it is not for the school (public or private) to do its own internal investigation as to whether a crime took place. Anytime a student reports being sexually assaulted under any circumstances, the authorities must be called. No ifs, ands, or buts about this.

            Secondly, it is not the parent's call to decide whether the police should be called. Nope. If anyone was under the impression that the parents can call off a police report of a sexual assault their child makes, they are terribly mistaken and misinformed.

            The bottom line is that the police must carry out its own investigation whenever any accusation of sexual abuse is made by a child. Even if school officials and parents are skeptical about a child's accusation and there's strong reason to believe the story is without merit, the police must still be called, whether any charges get pressed or not.

            Having worked as public school teacher and a summer school director before, there's no question in my mind that the incident has to be reported to the police once a student reports such an incident. It doesn't matter what I think. It doesn't matter what the principal thinks. And no, it doesn't matter what the parents say. The proper authorities must be informed of the accusation.

            And if my knowledge and experience isn't good enough to convince people here, then maybe they will listen to the clear-cut statements made by a family court attorney and the DOE state superintendent.

            http://www.honoluluadvertiser.com/ap...+attorney+says

            Kamehameha Schools was required under state law to call police immediately after a 12-year-old girl reported being sexually assaulted repeatedly by two classmates over a three-day period that ended Monday, a prominent Family Court attorney said.

            Francis "Frank" O'Brien, a private attorney who specializes in child protection matters before the court, said Hawai'i law clearly 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.

            The reporting requirement applies to both public and private schools, O'Brien said.

            ********************

            State schools superintendent Patricia Hamamoto said the reporting requirement is spelled out in Chapter 19 of the Department of Education's administrative rules, which have the effect of law.

            "If we suspect something is criminal, we shall report it to the police," Hamamoto said. "We shall inform the police. It means mandatory reporting. For the department, if anyone knows of any potentially criminal activity, there must be a mandatory report to police."

            If she is on campus and a student reports he got beat up, "I have to pick up the phone and call the police, call the parents," Hamamoto said.


            ************

            Ann Botticelli and Kamehameha Schools are flat-out wrong when they state that it is up to the parents to decide whether or not to report the incident to the police. My goodness! What are those folks thinking????

            Originally posted by scrivener View Post
            To clarify: I'm not saying the school was right in not reporting this incident. I am saying that it's not quite as clear-cut as you seem to be indicating. Schools are handcuffed by all kinds of confidentiality laws that make this a tricky situation for everyone involved.
            Since we are dealing with minors here, it goes without saying that confidentiality laws have to be followed to protect the privacy of all students involved, whether they be the alleged victim or the accused. But the authorities still have to be called. Simply making a call to HPD doesn't violate any confidentiality laws. (If any curious onlooker starts asking questions about why police officers are present on the campus, it is up to the school officials involved in the situation to keep a tight lip.)
            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.

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            • #7
              Re: School did not report alleged sex assault of 12-year-old girl

              I have to agree with Scrivener here. Without knowing the details, we can in no way say what the school did (or didn't) do what was the correct course of action in this instance. I have seen several instances (teens and preteens involved in so called sexual assault) where the police and subsequent media deluge caused more problems than the original complaint. That's not to say that the 2 13 yr olds didn't do something horrific and therefore should go to jail for the rest of their lives. If that's the case, then so be it. The parents will file charges and the 2 boys will be hung out to dry. However, what if it was simply a case of the girl feeling "uncomfortable" and (having been told over and over, if it makes you uncomfortable its wrong) "told" on the boys. Or worse, what if the boys were in her room (having been invited) and when they were caught, the girl yells foul to get out of trouble. I have seen both of these instances play out in the media. The problem comes in when the media gets involved. They see sexual assault and it's front page news. Forget the fact that they are underage and their names won't appear in the press. How much do you want to bet that through the rumor mill, everyone in school will know who it is. Then all the parents will know and friends of the parents will know and friends of the friends and so it goes. If it should happen that nothing horrific did happen, it is too late. Those kids will be labeled forever.

              Bottom line is, if it were my child (girl or boy) I would not want the school to decide to involve the authorities. I would want them to contact me and when we sift through all the details, make the decision to call or not.

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              • #8
                Re: School did not report alleged sex assault of 12-year-old girl

                Originally posted by Frankie's Market View Post
                Ah! First of all, it is not for the school (public or private) to do its own internal investigation as to whether a crime took place. Anytime a student reports being sexually assaulted under any circumstances, the authorities must be called. No ifs, ands, or buts about this.
                And how do you know that the girl reported being sexually assaulted? We know that one of the boys was arrested for several counts of sexual assault; what if that's not at all what the girl told the school? And what if, when she explained it to the people she trusted most (her parents), more of the story came out and then it became a sexual assault issue. Without knowing the details, I don't understand how you can rush to judgment against the school.

                Secondly, it is not the parent's call to decide whether the police should be called. Nope. If anyone was under the impression that the parents can call off a police report of a sexual assault their child makes, they are terribly mistaken and misinformed.
                Again, without knowing the details, how do you know what the original accusation was? Are you saying that if someone flashes his genitals at a girl, the girls parents are obligated to call the police? That's not a clear-cut issue if you ask me. How do you know that the girl hasn't in the past been involved in very stressful situations involving courts or the police and to involve her again would be worse than to deal with the original accusation? I'm reaching here, I know, but my point is that there are a bunch of reasonable considerations here and you do not know the details of the girl's complaint.

                The bottom line is that the police must carry out its own investigation whenever any accusation of sexual abuse is made by a child. Even if school officials and parents are skeptical about a child's accusation and there's strong reason to believe the story is without merit, the police must still be called, whether any charges get pressed or not.
                Sexual abuse, yes. What about an uninvited kiss on the neck?

                Having worked as public school teacher and a summer school director before, there's no question in my mind that the incident has to be reported to the police once a student reports such an incident. It doesn't matter what I think. It doesn't matter what the principal thinks. And no, it doesn't matter what the parents say. The proper authorities must be informed of the accusation.
                Well, if there's no question in your mind, then it's settled! Once again, I would like to say that you do not know the details of the girl's accusation. It is entirely possible that nobody ever used the words "sexual assault" until the police filled out the paperwork. As for abuse, I'd like to know where you got your information that this girl was abused.

                [I]Kamehameha Schools was required under state law to call police immediately after a 12-year-old girl reported being sexually assaulted repeatedly by two classmates over a three-day period that ended Monday, a prominent Family Court attorney said.
                How does he know that the girl reported being sexually assaulted? And how do you?
                But I'm disturbed! I'm depressed! I'm inadequate! I GOT IT ALL! (George Costanza)
                GrouchyTeacher.com

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                • #9
                  Re: School did not report alleged sex assault of 12-year-old girl

                  Originally posted by scrivener View Post
                  And how do you know that the girl reported being sexually assaulted?
                  So what are you saying? That maybe the girl reported an incident to the school, but that it wasn't for sexual assault?

                  Even if what you say is true, the school clearly does not handle criminal situations involving children in the correct manner.

                  http://www.honoluluadvertiser.com/ap...+attorney+says

                  Ann Botticelli, vice president for community relations and communications for the school, said Wednesday that school officials did not contact police after the girl reported the incident. The school relies on parents to file criminal complaints on behalf of their children, Botticelli said at the time.

                  It doesn't matter if the girl complained about getting raped or getting socked in the face. Those are all examples of criminal activity and the school has to report criminal incidents to both the police and the parents. But intead, they leave it to the parents to call the cops. That is wrong.

                  Yesterday Botticelli gave what she called a fuller explanation of the process in an e-mail to The Advertiser:

                  "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."


                  Interesting. The school talks about "assisting and supporting" the parents in reporting criminal incidents to the police.... but at the same time, putting the onus on them to make the decision to call the police. Once again, this is wrong. No matter how this particular incident is resolved, there's going to have to be drastic changes made in the school's policies and procedures re: the handling of any reports and accusations (confirmed or unconfirmed) of criminal activity taking place.

                  Originally posted by acousticlady View Post
                  Bottom line is, if it were my child (girl or boy) I would not want the school to decide to involve the authorities. I would want them to contact me and when we sift through all the details, make the decision to call or not.
                  Here's the 21st century reality for you, then. A responsible school official who has been told by a student that they have been sexually assaulted would have no choice but to report the incident to the police, no matter what the parent tells them. Sad to say, some parents have tried to cover up sexual abuse for wrong and selfish reasons that are not in the interests and welfare of their own children. This has happened, for example, when kids are assaulted by relatives. The parents are confronted by these accusations as relayed through school counselors or social workers..... and the parents just want to look past it because of all the hardships, pain, and embarrassment it would cause within the family. I heard of one incident where a 6 year old boy was sexually abused by his grandfather, but the parents wanted to hush it up because they depended on the grandmother (who was unaware of the abuse at the time it took place) to care for their son afterschool as both of them had jobs. In these kinds of situations where the parents can't or won't take the steps necessary to protect the physical and mental wellbeing of their own children, then that is where CPS has to step in.
                  Last edited by Frankie's Market; September 6, 2009, 02:48 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


                  • #10
                    Originally posted by scrivener View Post
                    Are you saying that if someone flashes his genitals at a girl, the girls parents are obligated to call the police? That's not a clear-cut issue if you ask me. How do you know that the girl hasn't in the past been involved in very stressful situations involving courts or the police and to involve her again would be worse than to deal with the original accusation? I'm reaching here, I know, but my point is that there are a bunch of reasonable considerations here and you do not know the details of the girl's complaint.
                    But the point is that is should NOT be left up to the discretion of a school (private and public). The school should notify the police, and then the police have the duty of handling the situation (talking to parents? arrests? etc). If, in your example, someone flashes his genitals at a girl on a school campus, the police should be notified regardless of outside situations (like the past stress of the victim).

                    Originally posted by Frankie's Market View Post
                    Sad to say, some parents have tried to cover up sexual abuse for wrong and selfish reasons that are not in the interests and welfare of their own children.
                    Yeah, and the same might be said of a certain school regarding the welfare and safety of their students.

                    Time will tell in this case.
                    Now run along and play, but don’t get into trouble.

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                    • #11
                      Re: School did not report alleged sex assault of 12-year-old girl

                      KS blew it and may pay a heavy price with a civil lawsuit.
                      https://www.facebook.com/Bobby-Ingan...5875444640256/

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

                        Remember the key word in this whole story is "alleged". No one really knows what really happened other than the school, the parents and the children involved. If the parents of the "alleged" victims determine there wasn't enough plausable reason to call the police, then the case is closed.

                        When the media takes over, who knows how the headliners will spin this story.

                        Yes if it were in fact sexual assault to the degree in which human rights were violated to the point of judicial intervention, then yes KSBE failed to follow the right course of action. BUT we don't know exactly what happened and to what extent.

                        Before we go off on this accusatory path with very little information to make a sound conclusion as to what wrongful acts were committed, we need to step back and determine what the actual facts are and then form our own opinion. Or one can just read the headlines and make accusatory remarks with little regard to accuracy.
                        Life is what you make of it...so please read the instructions carefully.

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                        • #13
                          Re: School did not report alleged sex assault of 12-year-old girl

                          Originally posted by craigwatanabe View Post
                          Remember the key word in this whole story is "alleged".
                          All accusations are legally just "alleged" until proven in a court of law. So having the term "alleged" is standard when describing crimes pretrial. The article [above] states, "The girl told school officials Monday morning that she had been assaulted in a dormitory on the Kapalama campus from Aug. 28 through Monday". Yes, that does make it just an "alleged" crime, but that "alleged" assault should have been reported to the police by the school.
                          Now run along and play, but don’t get into trouble.

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                          • #14
                            Re: School did not report alleged sex assault of 12-year-old girl

                            With respect, craigwatanabe, if a victim alleges a sex assault, then it is up to law enforcement to investigate and determine what happened and whether charges should be brought ~ not the parents and not the school.

                            eta: I want to clarify that I am not saying that the public should think it's determining facts from news reports. But it really is not the role of parents or schools to investigate allegations of criminal matters and determine whether charges should be brought ~ especially when sex assault, abuse, neglect, or physical injury are alleged. That is the role of law enforcement and our judicial system.
                            Last edited by Adri; September 8, 2009, 11:21 PM.

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                            • #15
                              Re: School did not report alleged sex assault of 12-year-old girl

                              Originally posted by Ron Whitfield View Post
                              KS blew it and may pay a heavy price with a civil lawsuit.
                              Indeed. Attorney Eric Seitz is on the case and is putting the school's administration on notice.

                              http://www.honoluluadvertiser.com/ar...+anger+parents

                              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.


                              ***************

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

                              Originally posted by Frankie's Market View Post
                              No matter how this particular incident is resolved, there's going to have to be drastic changes made in the school's policies and procedures re: the handling of any reports and accusations (confirmed or unconfirmed) of criminal activity taking place.
                              And it appears my earlier hunch is right, judging by the comments made by KS President Michael Chun.

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

                              He said the school followed normal procedure last week, ensuring the students were safe, gathering information, then notifying parents and assisting them if they wished to notify police. But in an apparent shift, the letter goes on to say:

                              "However, we also recognize the police have a kuleana (responsibility) to investigate and gather evidence when a potential crime has occurred," Chun wrote. "We respect that kuleana and in the future will notify the proper authorities of serious offenses even as we fulfill our kuleana to our haumana (students)."


                              Good to hear all that, but it's a day late and dollar short to help out this poor girl. And this negligence on the part of Chun's administration could prove to be very costly to the school and Bishop Estate.
                              Last edited by Frankie's Market; September 9, 2009, 03:19 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.

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