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Doe Parents No. 1 v. State11/27/2002
d all receive a hug before leaving for their afternoon classes. Although other girls were behind her in line, they were "doing other stuff" at the time and, apparently, did not observe Norton rubbing Nicole's buttocks. Like Melony, Nicole did not tell anyone about the incidents because she did not want to get herself or Norton into trouble. Moreover, Nicole did not know whether the touchings were "big enough" to tell someone about. Instead, Nicole tried to "put it behind and forgot about it."
In the course of interviewing them on Thursday, January 19, 1995, Schlosser told Melony and Nicole that what Norton had done was criminal , but that neither of them were in trouble. However, at trial and in a pretrial deposition, Schlosser testified that he believed, at the time he heard their allegations, that the conduct they described constituted "brushings," rather than inappropriate sexual touchings or "fondling." Yet, in his deposition testimony, Schlosser admitted that he did not know what constituted a criminal sexual offense.
Apparently believing that both girls had disclosed to their respective parents the incidents they had described to him, Schlosser did not inform the girls' parents that he had interviewed them, nor did he relay what the girls had stated to him regarding Norton. As it happens, however, neither of the girls had told their parents about Norton's hugs or about being called into Schlosser's office and interviewed. Schlosser did not "d anything" because he was waiting for the girls' parents to contact him. He believed that " t was inappropriate for to conduct any type of investigation because it's policy not to do that." Indeed, as he stated to H.D.'s parents, see supra note 25, who had contacted him on January 24, 1995 because H.D. had revealed to them that she, too, had been "patted on the butt" by Norton, he believed that he "could not interview" H.D. about her allegations. According to Schlosser, "Chapter 19 [of Hawaii Administrative Rules Title 8] . . . states that in any kind of sexual misconduct [case], school is not to do the investigation; that it is up to other agencies to do the investigation, because school level people are not trained adequately to -- to deal with that very sensitive and unique issue." Thus, Schlosser asserted that, once he had initially interviewed students, he did not further "investigate" A.C.'s, H.D.'s, Melony's, or Nicole's allegations.
c. Prosecution of Norton in connection with A.C.'s, Melony's, and Nicole's accusations
The record is unclear as to who informed either the military CID or the HPD of Melony's and Nicole's allegations. However, as of January 17, 1995, the HPD was conducting its own investigation -- at least with regard to A.C.'s accusation, if not Melony's and Nicole's. Moreover, it appears that, initially, the military CID investigated Melony's allegations and, around January 24, 1995, transferred her case to the HPD. In any event, Norton was eventually prosecuted in connection with A.C.'s allegations, and, in a separate prosecution, in connection with Melony's and Nicole's accusations. He was indicted in connection with A.C.'s allegations on January 26, 1995. Eventually, on November 30, 1995, Norton pled no contest to the charges set forth in the indictment relating to A.C. It was not until May 3, 1996, however, that the DOE finally terminated Norton based on his misconduct with A.C. On May 13, 1996, Norton was sentenced to one year of incarceration; at his sentencing hearing, Norton admitted that he had a prior history of pedophilia.
Meanwhile, with regard to Melony's and Nicole's accusations, Norton was indicted on May 2, 1996. The prosecution vigorously urged Melony's and Nicole's p
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