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Date Posted: 16:18:32 09/05/09 Sat
Author: Bobby N. Harmon
Subject: KAMEHAMEHA SCHOOLS OBLIGATED TO REPORT ALLEGED SEX ASSAULT TO POLICE...
"KAMEHAMEHA SCHOOLS OBLIGATED TO REPORT ALLEGED ASSAULT TO POLICE..." - (An Exhibit in CV05-00030 - U S Dept of Justice vs Harmon)
September 5, 2009
Bobby N. Harmon, CPCU
"President Barack Obama" , "U.S. Attorney General Eric Holder" , "David Farmer" , "Steven Guttman" , "Carol K. Muranaka" , "Judge David A. Ezra" , "Judge Kevin S.C. Chang" , "Judge Barry M. Kurren" , "Securities & Exchange Commission Enforcement Division" , "U.S. Treasury Dept. Office of Inspector General" , "Office of Inspector General US Dept of Justice" , "Executive Office for U.S. Trustees" , "Judge Robert Faris" , "SEC Office of The Inspector General" , "Hawaii State Bar Association" , "Hugh Jones" , "Insurance Division Fraud Branch" , "Lawrence Reifurth" , "Linda Lingle" , "Jo Ann Uchida" , "Office of Inspector General Civil Rights Complaints" , "Mark Bennett" , "American Arbitration Association" , "Judith Neustadter" , "Benjamin J. Cayetano" , "All Representatives" , "All Senators" , "Andrew Walden" , "Aon Insurance Managers" , "Arthur Rath" , "Bradley Tamm" , "Carl Morton" , "Charles Hurd" , "David Shapiro" , "Dee Jay Mailer" , "J C Shannon" , "James B Nicholson" , "James B. Farris" , "James Cribley" , "James Wriston" , "Jeffrey Watanabe" , "Jim Dooley" , "Joe Moore" , "John D. Finnegan" , "Judson Witham" , "Ken Conklin" , "Lyn Flanigan Anzai" , "Margery Bronster" , "Michael N. Tanoue" , "Michelle Tucker" , "Nathan Aipa" , "Paul Alston" , "Randall Roth" , "Rick Daysog" , "Robert Bruce Graham" , "Robin Campaniano" , "Samuel P. King" , "William K Slate" , "Jim Terrack" , "Rocco Sansone" , "Ted Pettit" , "Laura Thielen" , "Vaughn & Lynda Robinson" , "Catbird" , "Ian Lind" , "Roy F. Hughes" , "Jack Cashill" , "Marshall Chriswell" , "Laser Haas" , "Lucy Komisar" , "Democrats.com" , "Debra Sweet" , "Jane Kirtley" , "John Jubinsky" , "Yamil Berard" , "Global Exchange" , "William K. Black" , "Carole Williams" , "Susan Tius" , "Human Rights in China" , "Michelle Malkin" , "Phil J. Berg" , "Amnesty International U.S.A." , "Michael Moore" , "Thomas Fitton" , "Ron Branson" , "ACLU Online" , "Louanne Kam" , "Eric Martinson" , "Bruce Nakaoka" , "Oswald Stender" , "Crystal Rose" , "Peter Dale Scott" , "IndictBushNow.org" , "National Whistleblower Center" , "Ernest Fukeda" , "Orly Taitz" , "The Whistler" , "F. William Engdahl" , "James Paul" , "Alex Chasck" , "9th Circuit Court Mediation Program" , "Joseph Zernick" , "Glenn Beck" ... more
September 5, 2009
Kamehameha Schools obligated to report alleged sex assault to police, Hawaii attorney says
By David Waite, Advertiser Staff Writer
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.
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.
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."
Two 12-year-old boys who attend the school were arrested after the girl talked to police on Monday.
The boys were 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 yesterday that 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.
Botticelli said yesterday the school stands by its decision not to call police about the incident.
"If there were a mandatory reporting requirement for this situation, we would have followed it," Botticelli said in an e-mail response to questions from The Advertiser.
O'Brien said the reporting requirement has been on state law books for more than 25 years.
"It strains the credibility of the school to say it does not believe it was required to report the matter," O'Brien said.
The law also provides immunity to people who file "good faith" reports of suspected child abuse cases, including allegations of sexual assault, O'Brien said.
"If a child came to school badly beaten with obvious bruises, then, of course, we would expect the school to report the matter," O'Brien said.
The same thing should hold true if a child reports being sexually assaulted, he said.
Failure to comply with the reporting requirement is a petty misdemeanor.
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.
* * *
September 5, 2009
Dear President Obama, Attorney General Holder, Trustee Farmer, Mr. Guttman, Ms. Neustadter, Judge Kevin Chang, Judge David Ezra, and All Concerned:
Due to new discoveries of FACTS (not "conspiracy theories" or "political opinions" as Mr. Guttman has previously characterized my Motions) related to this lawsuit which I maintain is a "prior restraint" of my constitutional rights of Free Speech and a violation of Federal and State Anti-SLAPP statutes, I am adding the subject Exhibit.
You will find related information online at:
Trustee Farmer and Mr. Guttman, in light of this mounting evidence of fraud, bad faith, breach of trust, breach of fiduciary duties, obstruction of justice, tax evasion, libel, slander, misprision of felony, undisclosed conflicts of interest, etc., provided by this witness description and these many supporting documents, I again propose to you that we attempt to NEGOTIATE a GLOBAL SETTLEMENT in this case as well as for the lawyers professional liability claims that I have previously submitted against you and your insurance carrier(s).
If you still refuse to enter into confidential settlement negotiations in a good-faith effort to settle these matters, then I ask that you perform your mandated review of this Exhibit in accordance with Judge Ezra's prior restraint Order and advise me, whether or not, it contains any so-called "protected subject matter" as defined by the arbitrator in this case, Judith Neustadter Fuqua.
If I do not receive a response within 15 days, I will consider this to be yet another act of bad faith on the part of you and your insurance carriers, and that you will not object to any future Motions that I may make to reopen this case.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
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