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Doe Parents No. 1 v. State

11/27/2002

gedly touched A.C. Apparently, neither Melony nor Nicole had witnessed the incident. Melony and Nicole did not, during this initial interview, inform Schlosser that Norton had previously touched each of them in a manner that had made them feel "uncomfortable."


(2) Schlosser's second interviews of Melony and Nicole


On Thursday, January 19, 1995, Schlosser once again summoned Melony and Nicole to his office. This time, he questioned both girls at the same time, asking them whether Norton had ever touched them. Both Melony and Nicole described Norton's practice of hugging them before they left to attend afternoon classes and reported that Norton had touched them in a manner that made them feel "uncomfortable"; each girl physically demonstrated the way Norton had touched her.


In a subsequent criminal proceeding against Norton arising out of Melony's and Nicole's accusations, Melony testified that, in the course of a routine hug before she left for her afternoon class, Norton hugged her in a manner that she did not think was "okay" and that made her feel "uncomfortable." This hug occurred at some point during the 1994 fall semester. She had been visiting Norton during the lunch recess; before leaving, she "went to give him a hug," and, while hugging her, "he put his hand down my back and then start to go down, and he touched me on my butt." Norton was sitting at the time, while she stood beside him; he hugged her with his left arm. This hug was "different" than other hugs she had received from Norton; it made her "fe l uncomfortable" because his left hand, which he had "cupped," came to a stop on her buttocks (over her clothes) for approximately five seconds until she walked away from Norton. Melony testified that she was "really mad" at Norton because of this hug, but that she did not tell anyone about it at the time because she "didn't think it was against the law" and she did not want to get Norton into trouble. As a result of the hug, Melony altered the manner in which she would hug Norton; instead of standing next to or in front of him, she would approach him from behind his chair and hug him over his back.


At the same criminal proceeding against Norton, Nicole described three incidents during the 1994 fall semester and the first weeks of the 1995 spring semester in which Norton touched her in a manner that was "uncomfortable." One of the incidents occurred in October 1994, approximately a week before Halloween. As he was hugging her, Norton placed two of his fingers inside the back pocket of her pants, rubbing her "butt" for approximately five to ten seconds, until she walked away from him. Throughout the course of this hug, Nicole kept her arms at her sides and did not return Norton's hug. Although she believed that Norton had been rubbing her buttocks intentionally, and despite the fact that the incident made her "uncomfortable," she did not become angry because she did not realize that what Norton had done was "wrong." As a result of the incident, Nicole also changed the manner in which she hugged Norton, shortening the amount of time that she permitted the hugs to last. Nonetheless, apparently on two other occasions, Norton rubbed her waist and buttocks in a similarly "uncomfortable" manner.


Nicole identified one of the incidents during which Norton had rubbed her buttocks as having occurred in early January 1995 and as having involved much the same behavior as Melony had described. Norton had hugged her from a sitting position, while Nicole was standing before him. His hands dropped down her back and "rubbed" her buttocks "back and forth" for approximately five to ten seconds, until she walked away. She described a line forming so that the girls coul

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