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Doe Parents No. 1 v. State11/27/2002
Sosa opened the meeting by noting that he could support Schlosser's recommendation to table the investigation until the conclusion of Norton's criminal trial, or he could recommend to the DOE Superintendent such disciplinary action as suspension, reassignment, or termination. Sosa asserted that he "wanted to hear what [Norton] had to say," so that his decision would, hopefully, be better informed. Those present at this meeting initially clarified the particular documents that had been shared with Norton up to that time, after which Gordon agreed to produce documents that Norton and his attorney believed had not yet been provided to them. Norton's attorney supported Schlosser's recommendation and remarked that Norton's trial was scheduled to commence on August 24, 1992, but that a delay was possible. Moore also supported Schlosser's recommendation, remarking that, "earlier[,] the school did an investigation and found the charges at that time to be groundless and that the Marine Corps[,] through whatever mechanism that they [use to] investigate things, did so and found the charges to be groundless[.]" Moore advocated that Norton "should be kept on full pay and benefits until this thing has been adjudicated through a competent court."
Norton declined to view the videotape, his attorney remarking that they had already done so. During the remainder of the meeting, Sosa posed a number of specific questions to Norton, which he had formulated after viewing the videotape, in connection with T.Y.'s accusation and Norton's attempt to confront T.Y.'s mother on the day that T.Y. had removed her belongings from Norton's classroom. Norton declined to answer any of Sosa's questions, invoking his "constitutional right to remain silent" in light of the pending criminal charge against him. Sosa concluded the meeting by indicating that he would notify Norton of his decision regarding Schlosser's recommendation, but that further review would be necessary in the event that any additional information was obtained. At trial, Sosa acknowledged that, at this point in his administrative investigation, Norton had "pretty much stonewalled" his attempt to obtain information.
On August 13, 1992, Superintendent Toguchi notified Norton that he would remain on administrative leave with pay "until a decision is made regarding the investigation of the serious complaint made against you by the parents of one of your students" and that he "should be available for meetings" regarding the matter. As of August 14, 1992, Sosa "had no information at all," other than T.Y.'s videotaped allegations. Consequently, upon a deputy attorney general's suggestion, relayed to Sosa by Sugino, Sosa contacted Norton to "offer[ him] the option of obtaining a medical examination to determine fitness to resume teaching duties." During the telephone conversation, Sosa "made it clear to [Norton] that needed additional information" upon which "to base decision to return [Norton] to the classroom." Sosa also informed Norton that, in the event Norton declined to submit to such an examination, he "would re-think options and inform [Norton] of subsequent decision." Norton opted to discuss Sosa's offer with his attorney and, after doing so, refused it without explanation.
Regarding the foregoing, Sosa testified at trial as follows:
Well, we were faced with a situation of where we had had an employee that's been out of the classroom for that period of time. I'm not sure how many months it was already -- on paid leave. We had no information or little information other than the videotape regarding the allegations, and we were not able to conduct a thorough investigation. At that point in time, the other issues were going throug
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