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Doe Parents No. 1 v. State11/27/2002
arned of the indictment from Sosa, it was the first he had heard of T.Y.'s accusation against Norton. While discussing the indictment, Estomago informed Schlosser that her "investigation" of the initial allegation during the fall semester had unearthed "no evidence to substantiate" T.Y.'s allegations.
The following morning, on February 20, 1992, Sosa contacted Estomago, who "briefed" him "on the incident from her perspective." Also that morning, Schlosser spoke with the students in Norton's class and, subsequently, conducted two assemblies, during which he noted that it was important not to "judge or gossip" about the matter and that the school counselor would be available throughout the day for the students. During the assemblies, some children became upset at the allegations and scrutinized their fellow students to determine who had accused Norton, a "beloved" teacher. Parents also became upset upon learning that Norton had been removed from his teaching position. No other student came forward with any additional allegations against Norton after learning of the indictment.
That afternoon, Sosa arranged a meeting with Gordon, Schlosser, Ching, and Estomago in order to "clarif notes and statements"; in the course of the meeting, Sosa "stressed the seriousness of the matter and pointed out the importance of DOE personnel to bring these types of cases to closure." The circuit court inferred that Sosa had faxed the results of this meeting to DOE Personnel Director Sugino. In a memorandum prepared by Sugino, dated February 20, 1992 and directed to DOE Superintendent Toguchi, Sugino asserted that " nitial review of the situation indicates that this concern surfaced last fall . . . and an investigation was conducted by the school. It was determined at that time that the concern was adequately resolved."
Also on February 20, 1992, Sosa transmitted a memorandum to Norton, which confirmed that Norton was being placed on a ten-day administrative leave with pay and that he would "be contacted by [Sosa's] office during this leave to report to a specified place as part of [the DOE's administrative] investigation." It appears that nothing further occurred, however, until the ten-day period was due to expire, on March 4, 1992, at which time it was necessary for Sosa to determine whether to maintain Norton on administrative leave.
On March 2, 1992, Schlosser transmitted Estomago's "Summary of Teacher/Parent Response to Larry Norton" to Gordon,see supra note 10. On March 3, 1992, Sosa transmitted a request to Toguchi that the DOE extend Norton's administrative leave "until the investigation is completed and a decision is made regarding" Norton's employment status. Toguchi appears to have approved Sosa's request either that day or on March 4, 1992, and, in any event, approved Sosa's request in writing a week later, on March 10, 1992.
Also on March 4, 1992, presumably before Toguchi had approved his request, Sosa presided over a conference with Gordon, Norton, and Norton's Hawaii State Teachers' Association (HSTA) representative, Samuel Moore, the purpose of which was to determine "what action would be appropriate." At the conference, Norton informed the others that an "[arrest] warrant was issued on March 3, 1992" and that his arraignment was scheduled to occur on March 12, 1992, at which time he would enter a plea of not guilty and a trial date would be set. Norton reiterated, as he had previously related to Estomago, that he did not recall any circumstances that would have given rise to T.Y.'s accusations. Norton related that, on the advice of his attorney, he had refused to take a lie detector test and refused to answer any questions during the HPD's investigation. Nor
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