Big Island High School Accused Of Mishandling Sexual Assault Case
The female student had to keep attending class with her attacker, despite repeated requests from her family for assistance, the lawsuit says.
The family of a Big Island high school student is suing the Hawaii Department of Education, claiming administrators failed to protect their granddaughter after she was sexually assaulted by an upperclassman two years ago.
According to the lawsuit filed on Monday, the female student was attacked and sexually assaulted by a junior at Keaau High School in the fall of 2022. After the girl reported the incident to the police, other students retaliated by sending her threats over social media and physically attacking her, causing a concussion earlier this year.
Attorney Hannah Matsunaga said Keaau High School administrators ignored the girl’s fears for her safety and provided insufficient academic and mental health support, even as bullying and threats against the student escalated.
“It seems like student welfare is taking a back seat there,” Matsunaga said.
DOE classifies sexual assault as one of the highest offenses students can commit. According to the department’s , students found guilty of sexual assault may be subject to suspension, dismissal or other forms of discipline.
In the 2022-23 school year, just over 60 allegations of sexual assault. Communications director Nanea Ching said the department is unable to comment on active litigation.
Early on, Matsunaga said, Keaau High School failed to protect her client. When the student reported that she had been groped and slammed into the bathroom wall by an upperclassman, administrators did not send her home from school or ask her to call her guardians. School camera footage showed the girl and her assailant meeting in an unmonitored bathroom on the day of the incident.
Although Family Court later found the male Keaau High School student guilty of fourth-degree sexual assault, he was not suspended from school. He was instead required by the court to participate in a sex offender treatment program through Catholic Charities Hawaii.
The two students, who are not named in the lawsuit, continued to attend school together for a year and a half after the assault. The boy graduated from Keaau High School this spring and was celebrated for his athletic accomplishments, according to the lawsuit.
Matsunaga said the high school repeatedly denied her client’s requests to move out of the same class period as her assailant and failed to provide mental health services, even as her grades dropped and she developed anxiety and depression. When her client reported that other students were bullying and threatening her because she had pressed charges against her perpetrator, Matsunaga added, a vice principal instructed her to “drop the drama.”
Most recently, Matsunaga said, her client received a behavioral support plan from the school, but the document instructed her to change her own behavior to prevent future threats and attacks from her peers. Because the student has also struggled to pay attention in her classes, the plan also asks teachers to monitor her more closely and remind her to stay focused.
“She was made to feel like she was the problem for complaining about it,” Matsunaga said.
As a whole, she added, the school needs to take a more serious approach to preventing and addressing future cases of assault.
The high school has faced similar accusations and demands for change in recent years. In 2022, a letter from a former Keaau High School student circulated on social media accusing a teacher of forcing her and other female students into inappropriate sexual relations. While she attended the school in 2005, the former student didn’t speak out until several years later.
In response, students at the high school organized a walk-out. reported that over 100 students attended the demonstration, citing the importance of raising awareness around sexual assault and ending a culture of victim-blaming at the school.
At the same time, principal Dean Cevallos sent a letter to families saying that the department had investigated the former student’s claims and did not find sufficient evidence against the accused teacher. While the teacher was placed on administrative leave, he was planning to return to campus at the time of Cevallos’ 2022 letter.
“While the Department has a policy of not disclosing the details of personnel matters, Keaau High needs to provide our school community with accurate information,” Cevallos wrote to parents. “I also want to assure you that the safety and well-being of our students is a top priority at Keaau High.”
Two years later, Matsunaga said DOE has yet to take responsibility for the sexual assaults taking place on school campuses. She said she’s unsure if schools need stronger policies around addressing sexual assault or better enforcement of existing rules.
Regardless, Matsunaga said, her client isn’t the only victim in Hawaii high schools.
“She’s coming forward for herself, but she鈥檚 also coming forward on behalf of other young survivors who have not had the ability to be safe at school,” Matsunaga said.
Civil Beat鈥檚 education reporting is supported by a grant from Chamberlin Family Philanthropy.
Read the lawsuit here:
Civil Beat’s education reporting is supported by a grant from Chamberlin Family Philanthropy.
