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Doe Parents No. 1 v. State11/27/2002
h the process in terms of the other trial [i.e., Norton's criminal trial] and that sort of thing and on those charges.
So the issue was -- and if I remember somewhere along the line --during that summer, the union asked if we would be placing him back into the classroom position. So we needed to make some determination as to whether or not -- obviously, our concern was for the safety of the kids --whether or not we should put him back in the classroom. So then the discussion came around to the possible examination of a medical physician to give us some information regarding this person's state of mind and functioning ability at that point. So that's the context as to how the discussion came about to consider that as an option.
However, Sosa denied being aware that the purpose of such an examination would have been to determine whether Norton was in fact a pedophile or that the two psychologists proposed by the DOE to perform the examination, seesupra note 16, were specialists in "deviant sexual behavior."
At trial, Sosa acknowledged that, so far as he knew, the DOE made no further attempts to investigate the matter once Norton refused to submit to the offered examination. Nevertheless, on September 22, 1992, Sosa informed Norton that he would be reassigned for the 1992 fall semester to a non-teaching position, rather than being subjected to disciplinary action, because "our investigation of the concerns regarding the allegation of your misconduct . . . indicates insufficient evidence to take any disciplinary action at this time."
c. The DOE's conduct after Norton's acquittal of the criminal charges in the T.Y. matter
(1) The DOE assumes that Norton's acquittal "absolved" him of the charge of having molested T.Y.
On January 11, 1993, the jury in Norton's criminal trial rendered a "not guilty" verdict. Effective January 25, 1993, the DOE reinstated Norton to his previous fourth-grade teaching position without conducting any further investigation. Each of the DOE administrators involved appears to have believed that the jury's "not guilty" verdict was synonymous with a determination beyond a reasonable doubt that Norton was, in fact, innocent. Indeed, in a letter to KMCAS base command, dated February 2, 1993, Sosa noted that, " n view of acquittal," the fact that T.Y. was no longer a student at Mokapu, and "indications of support by other parents at the school and the school administration," Norton was reinstated to his former teaching position, because, " n summary, both the administrative and criminal investigation/prosecution processes have essentially absolved Mr. Norton[.]"
In the interim between Norton's acquittal and reinstatement, the DOE made no attempt, despite the fact that his right against self-incrimination no longer obtained, to question Norton or to have him submit to the proposed psychological examination. Nor, indeed, had the DOE, at any time during its investigation, sought Norton's medical records or attempted to interview his friends or family members. In sum, and despite his representations to the contrary to Lt. Col. Messere, Sosa acknowledged at trial that Norton had "stonewalled" the DOE's investigation and that the investigation had not produced "any evidence in favor of" him and had failed to "absolve" him.
(2) Schlosser's "advice" to Norton after his reinstatement
Soon after Norton was reinstated, Schlosser "cautioned" him, because it was the "judicious thing to do," against physically touching students in any manner that might be misinterpreted. Indeed, when Schlosser became aware that Norton had been seen hugging students, he remarked to Norton that, if it had been he t
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