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Doe Parents No. 1 v. State11/27/2002
e the former was busy, the girls related the incident to Arakaki. In addition to describing Norton's conduct to Arakaki, A.C. asserted that she did not want to get Norton into trouble and that Norton previously had informed A.C. that a prior student had accused him of touching her in the past. Arakaki drafted a memorandum directed to Schlosser regarding the incident and also attempted to contact Schlosser, who was "off-campus" that day, by telephone.
Arakaki did not succeed in speaking with Schlosser until the evening. Meanwhile, she telephoned Norton at approximately 2:30 p.m., left a message for him, and received his return call at approximately 6:30 p.m. She informed Norton of A.C.'s allegations and that he was being placed on administrative leave as of Tuesday (Monday was a holiday), so that the school could conduct an investigation. Arakaki further informed Norton that she had not yet been able to inform Schlosser of A.C.'s allegations, but that Schlosser would be contacting him in order to schedule a meeting with him.
On Saturday, January 14, 1995, at the request of A.C.'s mother, Schlosser met with A.C., C.P., and their respective mothers; A.C.'s mother asked to be informed of the "status" of the incident. Schlosser assured A.C.'s mother that he would conduct an investigation independently of any HPD investigation that might be conducted. On the same day, Schlosser interviewed both A.C. and C.P., who confirmed what they had previously told Arakaki. Schlosser "believed [A.C.] absolutely."
On Monday, January 16, 1995, a holiday, Schlosser contacted Norton, confirming that he was placed on administrative leave and scheduling a meeting with him, in the principal's office of a different school, to take place on the following day in order to discuss A.C.'s accusation. However, the DOE's Windward District Personnel Specialist at the time, Francine Honda, instructed Schlosser on Tuesday, January 17, 1995, to postpone his meeting with Norton so that he could gather more information and obtain the consent of A.C.'s and C.P.'s parents to disclose their statements to Norton. Schlosser, nonetheless, kept his scheduled meeting with Norton in order to simply tell him that any discussion of A.C.'s and C.P.'s allegations would be postponed. Norton related to Schlosser that his attorney had advised him not to discuss the matter with anyone.
b. Melony's and Nicole's allegations
On Tuesday, January 17, 1995, C.P. provided Schlosser with the names of other students whom she believed had been present in Norton's classroom at the time he allegedly rubbed A.C.'s chest. As a result, on Wednesday, January 18, 1995, Schlosser summoned approximately eight to ten students into his office and interviewed them in connection with A.C.'s accusation. Among these students were Melony and Nicole. Schlosser interviewed Melony and Nicole, as well as other students, a second time on the following day, Thursday, January 19, 1995.
(1) Schlosser's first interviews of Melony and Nicole
Schlosser interviewed Melony and Nicole separately on Wednesday. He issued excuse slips for them, summoning them to his office from their afternoon classes. Both girls felt nervous about being summoned to the principal's office, did not know why he had summoned them, and initially believed that they were "in trouble." Neither had been called to the principal's office before.
When he interviewed them, Schlosser asked each girl whether she had observed anything unusual in Norton's classroom during the lunch recess on Friday. He had each of them describe, using a diagram he had drawn of Norton's room, where Norton, A.C., and C.P. had been located at the time Norton alle
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