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Doe Parents No. 1 v. State11/27/2002
hat had been accused, he "wouldn't be anywhere near a kid." However, because he thought that Norton's union contract precluded any differential treatment among teachers, Schlosser did not impose any restrictions upon Norton's conduct or subject him to any special supervision.
Norton resumed his practice of issuing hall passes to students, including fourth and fifth grade girls with light colored hair (as had been T.Y.'s), so that they could visit him during lunch recesses. While the students were visiting him, Norton would offer them candy and solicit hugs from the girls before they left to attend their afternoon classes; he would not, however, routinely hug the boys that visited him. Apparently, Norton was the only teacher to issue hall passes for the purpose of simply visiting with children during lunch recesses, as opposed to ensuring that they completed unfinished homework assignments.
In early January 1995, approximately one or two weeks into the spring semester, Schlosser became aware that Norton had recommenced issuing hall passes to students. Schlosser was "concerned" about the passes because, according to his deposition testimony, they caused "confusion," as students would "collect" them and use them without proper authorization. He was not "concerned," however, about Norton using the passes in order to be alone with a female student; this was because he would frequently roam the halls during lunch recess and observe numerous children in Norton's room. Moreover, Schlosser harbored "no concern about [Norton] being inappropriate" with the children. To the contrary, it appears, as Schlosser conveyed to Norton in early January 1995 (before any further allegations against Norton surfaced), that Schlosser believed that teachers should have the prerogative of physically interacting with and touching students.
2. The 1995 allegations against Norton, including those that predicate the present matter
a. A.C.'s accusation that Norton molested her in C.P.'s presence
On the afternoon of Friday, January 13, 1995, two fifth grade students, identified herein as A.C. and C.P., reported to Amy Arakaki, Mokapu's vice-principal at the time, that Norton had rubbed A.C.'s chest beneath an outer shirt but over a second, inner shirt. Norton had invited A.C. to visit him during the lunch recess; because she did not like being outdoors during the recess, she would accept Norton's standing invitation two or three times a week. According to the girls, as A.C. sat in a chair near Norton's desk, Norton, seated in his own chair some two feet away from A.C., said, "Come here, I want a hug." A.C. rolled her chair closer to Norton, stood up, pushed the chair underneath Norton's desk, and hugged Norton. She then retrieved the chair from underneath Norton's desk and resumed sitting in it. Norton proceeded to rub A.C.'s shoulder and neck with his left hand; he tickled her neck, then moved his hand down across her chest, between the two shirts that she wore. He rubbed her chest for several seconds.
A.C. attempted to move away from Norton, but Norton pressed her back into the chair; at that point, she did not know what to do. C.P., who was A.C.'s friend, was present at the time and became frightened when she saw Norton's hand slip between A.C.'s two shirts. Running to one of the room's doors, she yelled to A.C. to "come on" because a friend of theirs was "by our class[room]," and, presumably, it was time for afternoon classes to begin. A.C. stood up and ran to C.P., and both girls then proceeded to their afternoon class.
Later that afternoon, A.C. requested that she and C.P. be excused from class to talk to the school counselor or the vice-principal; becaus
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