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Pursuant to the Order Granting
Support of

Plaintffi' Motion to File Publicly Exhibit 38 in

Plaintffi' Motion Appealing and to Overturn Discovery Master's Order No. I3,

Dated March 8, 2016, Dated March 16, 2016, Filed March 17, 2016, filed June 6,2016,

Plaintiffs' hereby resubmit Exhibit 38, which was previously filed under seal.

DATED: Honolulu, Hawai'i,

Attorneys for Plaintiffs



Statement o f Calvin N omiyama

My name is Calvin Nomiyama. I am the Complex Area Superintendent for
the Department of Education's Farrington, Kaiser and Kalani Complexes.
Sometime in the middle of April 2011, District Educational Specialist
Mavis Kawamura came to my office and told me that there was a serious
problem at the Hawaii School for the Deaf and the Blind. She did not go
into details. I called Sydney Dickerson, the HSDB principal, and asked her
what the situation was. She did not give me specifics, and told me only she
had the problem 'Under control. I told her to make sure she followed
Chapter 19. These are the Hawaii Administrative Rules governing, among
other areas, student misconduct, discipline, reporting offenses, and police
interviews and arrests. I also told Principal Dickerson that if a student was
going to be suspended, to be sure she filled out forms 19A, l 9B, and 19C,
which are the DOE's serious incident/serious discipline forms. Form l 9A is
the Confidential Disciplinary Notice, which goes to parents and tells them
of the violation and its consequences. Form l 9B is the Confidential
Investigation Report, which details the required investigation if serious
discipline is imposed. Fonn l 9C is the Serious Discipline Notice, which
provides the parents a summary of the investigation findings, the imposed
disciplinary action, and the reasons for imposing it.
What I told Principal Dickerson about filling out 19 A,B, and C is my
standard response to all principals and vice-principals in cases that are
obviously serious or have that potential.
Principal Dickerson did not tell me that the incident involved an allegation
that a female HSDB student had been sexually assaulted on a school bus by
a male student, and that the alleged perpetrator had been arrested by police,
who came on campus and took the boy away. If she had told me this, I
would have asked Principal Dickerson what type of help she needed-additional staff or counselors--as part of her response to the incident. 1
would have also contacted the DOE Superintendent's office, to make that
office aware of the situation. I now believe that by not informing me of the
seriousness of the situation and its potential consequences to the
Department of Education, this principal failed to perform her administrative
duties and responsibilities. While not written in any DOE policy, when
serious discipline is contemplated by a school administrator, it is common
practice that the Complex Area Superintendent (CAS) is informed.

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After that first caU I placed to Principal Dickerson in the middle of April, I
heard nothing more about the HSDB incident until Mavis Kawamura came
to my office again in the latter part of May, some six weeks after my first
conversation with Principal D ickerson. Ms. Kawamura told me that
Principal Dickerson had not entered any data regarding the HSDB incJdent
into the Department of Education's electronic data base. That upset and
alarmed me, because Principal Dickerson bad not complied with my April
directive to her to immediately follow Chapter 19 procedures, and I knew
that by law there was a small amount of time wi th in which that type of data
must be entered. There is no leeway in follow ing this rule.
I called Principal Dickerson immediately after Ms. Kawamura told me
this, and asked her if she had inputted the data into ECSSS, the DOE's
electronic database. She said "No." I told her to do it right away.
A day or two later, I called Principal Dickerson to confinn whether or not
she had entered the da ta. She to ld m e that she could not enter certain
information because she bad passed the fi ve-day dead line for doing so. f
took this to mean that because she had not recorded her report of the Apri l
141h arrest within the five-day w indow required by Chapter 19, the system
recognized that the deadline had passed. and would not a llow Principal
Dickerson's data to be entered. To me, Principal Dickerson had seriously
breached Department of Education protocol and regulations.
I did not hear again about the H SDB situation until July 12, 2011, when I
received a call from Honolulu Police Department detective Dwight Sato,
who requested a meeting with me. He came to the Honolulu District Office
the next morning with a female detective, Darien Thornley. They told me
about the April 14th incident on the bus, and then went on to describe how
they believed the suspect was the ringleader of a group of HSDB student
sexual predators. They estimated there were five suspects responsible for
sexual assaults invol ving possibly thirty-five victims. The detectives told
me that their investigation indicated t hat these assaults had gone on for
years, in a variety of locations on the HSDB campus, culminating with the
assault on the school bus. Detective Sato told me" I believe you have a
problem with supervision at the school."
After the detectives left, I conferred with my Personnel Specialist, Peter
Uehara, and we both con curred that Principal Dickerson be immediately
placed on Department Directed Leave.

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After my meeting with Specialist Uehara, I called Principal Dickerson and

told her to meet me at the Honolulu District Office right away. She came
over, and after summarizing for her what the detectives had told me, I
placed her on leave. I also told her she had to vacate the house she resided
in on campus, but I allowed her husband to continue living at the residence.
I also told her to tum in her identification card, keys and other school items,
and not to contact any staff members. Her only reaction to all of this, before
leaving my office, was to say :shit." I didn't know what to make of that
The next day, at the direction of Superintendent Matayoshi, an
administrative investigation was instituted by my office in conjunction with
the Department of the Attorney General. The investigation was then turned
over to Matt Levi.
In response to Matt Levi's request, I have provided him with a procedural
outline for serious discipline incidents under Chapter 19. In my view, these
steps should have been immediately taken by Principal Dickerson after the
, and in at least 12
April 14, 2011 case involving studen
other cases that have now come to my attention. Her failure to do so has
resulted in the following consequences:
a. Failure to provide students with optimal learning conditions
b. Failure to promote and/or provide timely and appropriate services
under the Comprehensive Student Support System (CSSS).
c. Failure to assure parents that the school is a safe and secure place when
entrusted with their child's welfare.
As important as the above, and perhaps of even greater consequence, the
failure of Principal Dickerson to follow the proscribed procedural steps
required by Chapter 19, such as the timely reporting of incidents (Subchapter 5, paragraph 8-19-19C ), has denied students and parents the right to
due process, and has exposed the school, the Department of Education and
herself, to tort liability. In addition, by not following the required
procedures, Principal Dickerson effectively removed the possibility of my
counsel and assistance as Complex Area Superintendent, during the critical
period since these instances first came to light.
In response to an additional request by Investigator Levi, I have prepared
a table of specific instances of misconduct I believe were committed by

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Principal Dickerson in this matter, and the possible consequences of those
instances. I am extremely concerned that her misconduct goes back many
years. It is my hope that all previous incidents are addressed and resolved,
whether through the criminal process or administratively.
Finally, the record indicates Principal Dickerson took n~ne of the
required documented action under Chapter 19 until May 31, 2011, a full six
weeks after the April 14, 2011 incident. This alanning inaction is reflected
in ECSSS documents, which also reveal that the required data input on the
applicable case forms are incomplete, and therefore inv.alid. Those
incomplete forms include the Confidential Crisis Removal Notification,
Notice of Investigation Findings and Discipline, Confidential Request for
Appeal, Complex Area Superintendent's Appeal Decision, and the critical
Manifestation Determination Review.
On a personal note, I feel that Principal Dickerson's failure to implement
Chapter 19 procedures unnecessarily endangered the safety of the children
under her care, and allowed their victimization.
We will never know how much of that victimization could have been
prevented, or would never have occurred, had Principal Dickerson followed
the rules she pledged as an administrator, to uphold.

I ~ ''

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Summary Notes on the Misconduct of Principal, Hawaii School for the Deaf and the Blind

1. There are twelve (12) incidents that were relayed from Roxsanne Tomita, a privately contracted service provider for the HSDB to Alan
Shimabukuro, Department Educational Specialist, who conducted an interview during Ll-ie initial stages of the administrative inveStiga.tion.
These reports include twelve different victims that were allegedly violated on multiple occasions dating back to 2004, and involved five
(5) different alleged suspects assaulting more than one victim over the same period.

2. There are another twenty (20) more alleged vscti.'DS that were brought to Alan Shimabukuro attention, but was unable to elaborate
before ruming the investigation over to the appointed Lead Investigator.
3. The information provided in the table represents:
a. Column 1 - Action~ prescribed for school administrators or designees that are outlined in Chapter l 9 related to serious
discipline and/or crisis removal






b. Column 2 - Summary of review, conducted by Caivin Nomiyam a. Complex Area Superintendent, of the student profiles in
eCSSS .in which students have been identified as alleged suspects. or alleged victims, and were enrolled in BSDB in School
Year 2010-2011.



c. Column 3 - References to Chapter 19. Sub-Chapters, and paragraphs that apply to the actions prescribed for school
::iclministrntors or clcsignees .
d. Column 4 - Actions the Principal failed to perform as prescribed in Chapter 19


An incident involving a Chapter 19 offense lms been committed. The diagram below outlines
decision points aod actions a school administrator must take t<J bring the matter to a close.
Preliminary Inquiry/Findings (Yes/No)
Chap 19 Violation (Yes/No)

Serious Disc 1 plii~e (Yes/No)

Crisis Remove (Yes/No)
1. rnform parents by telephone
2. Follow-up Notice (eCSSS form)
3. Copy of Notice to CAS
4. Confirn1 Notice w/Parent

1. Determined Crisis Removal or suspension is in order
2. Inform parents
3. Conduc t and comlete iuvcstigation
4. Decisio n to impose serious disci pline
5. W itten report (cCSSS form)
a. Summary of testimony of witnesses i nLerviewed

b. Reason for 111itiating or disciplinary proceedings

6. Gi ve parent of findings (eCSSS form)
7. Student 01- arenl given opportunity to presen t stucle111 's vet sion
Susoension (110 Cri.sisj~emoval l
I. Conduct, complete investiga1io11 with findings
2. Findings sustained == st1spcn ion
<1 . Parents allowe<l being rn-cselll when studenl is unable to understand process
3. Suspension totaling 10 or more days in one semester, apply due process (eCSSS form)
4. Verbal notilicalion ofsusensm11 lo parents, regardless number of days
5. Mail/deliver notice of suspension lo parents upon completion of investigation
6. Copy ofNolicc lo CAS
7. Attempt confirmation wi tit parent
Due Process (for serious discipline, other than Crisis Removal)
I. Notif)' CAS to initiate disciplinary proceedings by obtaining verbal authorization from CAS
2. Inform the parent
3. Mail to pare11l \o,Titfou notice o f serious within days of verbal approval from CAS,
discipline incidem with apea\ fo rm (c SSS form)
4. Implement due process ""fo:n requested.

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Possible consequence.> when School Administrntors fail to adh ere to the pro vis ion set forth in
Chapter 19 with regards to serious di sc ipline:
I. Fail


a. Provi de the ~;tudent with optimal learning conditions

b. Promote and/or provide lunely and appropriate secviccs under th e Comprehensive
Student Sup port System (CSSS).
c. Assure th e parent that the school is a safe and secure pl ace when entrnsted with their
child' s welfare
2. Deny students and pa1 ents th e right to due process
3. Expose self, school, 1:nd Department to tort liability

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!iUP S ~tEJia!/JT




July 28, 2011

Matt Levi
Pacific Guardian Center
737 Bishop Street, Suite 1875
Mauka Tower
Honolulu, Hawaii 96813
This letter is in response to your request for information in your investigation of the incident at
the Hawaii School for the Deaf and the Blind. Attached for your use are three documents:
I. Attachment A -Hawaii State Department of Education, Flowclrnti, Chapter 19 Class A
and B Hearings
2. Attachment B - Procedural outline for crisis removal and serious discipline under
Chapter 19
3. Attachment C - Summary Notes on the Misconduct of Principal, Hawaii School for the
Deaf and the Blind
1 can pe reaclwd at 733-4950 to answer any questions you may have regarding the

Calvin Nomiyuma
Complex Area Superintendent
Farrington, Kaiser, Kalani Complexes


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n ...UVVtuHAHT

Deputy Superintendent
July 2004

Class A and B Hearings



Confidential Olsciplinary Notice
Signed by the Principal and sent to the
Confldontlal lnyestlgatlon Report/Notice


Confidential Serious Dlsclplfne Notice
Submitted with 198 and sent lo the GAS for
approval and signa ture.

School/CA$ may want to ask the

Superintendent to reconsider the one year
Letter from the Principal to the CAS .
Letter from the CAS to the Superintendent
(Documentallon - see Checklist.)
(See sarnp!~ l~~er$ . )


Confidential Serious Dlsclpllne Notice

Request for Hearing signed and sent to the
Schoal/CAS within 5 days of receipt of the
19C Notice.
GAS has 10 days to conduct a
Hearing and 3 days to rule on the
Hearing and inform the
Parent/Guardian of the Decision.

t:ieputy Superintendent will

conduot a Hearing which will be
final in DOE. All RECORDS
See Checkllsl.

Student and f!arenUGuardlan

have 10 days to Appeal the
Decision lo the Superintendent's

Sah ooi/CAS will send all Records, Evidenoi'!, Pleadings to th13 Superintendent's Office .
See Checklist and Directions.
Deputy Superintendent will examine th e Evidenoe and render a Decision on the Dlsciplinary Action.
Parent/Guardian may file an Exception to the Decision and presen t arguments .
Deputy Superintendent will schedule this meeting .

Attachment A

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Procedural Outline of Chapter 19

Crisis Removal/Serious Discipline


An incident involving a Chapter 19 offense has been committed. The outline below describes
decision points and actions a school administrator must take to b1ing the matter to a close.
Preliminary Inquiry/Findings (Yes/No)

.Chap 19 Violation (Yes/No)

.S,!,!rious Discipline (Yes/No)
Crisis Remove (YesfNo)

Inform parents by telephone

Follow-up Notice (eCSSS form)
Copy of Notice to CAS
Confirm Notice w/Parent

l. Determined Crisis Removal or SL1spension is in order
2. Inform parefltS
3. Conduct and complete investigation
4. Decision to impose serious discipline
5. Written repoti (eCSSS form)
a. Swnmary of testimony of witnesses interviewed
b. Reason for initiating of disciplinary proceedings
6. Give parent notice of findings (<'CSSS form)
7. Studenl or parent given opportunity to present student's version
SusP.ension (no Crisis Removal)
1. Conduct, complete investigation with findings
2. Findings sustained = suspeflsion
a. Parents allowed being present when student is unable to understand process
3. Suspension totaling 10 or more days in one semester, apply due process (eCSSS form)
4. Verbal notification of suspension to rarents, rega1 dless number of days
S. Mail/deliver notice of suspension to parents upon com;Jletion of investigation
6. Copy of Notice to CAS
7. Attempt confirmation with parent
Due Process (for serious discipline, other than Crisis Removal)
1 Notify CAS to initiate disciplinary proceedings by .obtaining verbal authorization from CAS
2. Inform the parent
3. Mail to parent written notice of serious within three days of verbal approval from CAS,
discipline incident with appeal form (cCSSS form)
4. Implement due process when requested.

Attachment B
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Summary Notes on the Misconduct of Principal, Hawaii School for the Deaf and the Blind


Actions Required by the Principn.l

- - - -----i-- - - - - - - - - -- ----1l_____R_c_f_er_e_n_c_e _

Request approval for cns1s

removal and/or serious discipline
(suspension of 10 clays or more)
from Comple:{ Area
Superintendent (CAS)





Inform parent of tlle incident,

p~ssible scriou~ disciplin~ and/or
cns1s remov:i.L mvest1gatton,
findings, appeal process
Enter incident, in~~s tigation,
l <>
discipline notice into
Department's electronic darnba~ e
system (cCSSS ) within 5 days of
the reported incident



There is no evidence- that the

Princip<1J requested serious
discipline for the student from
the CAS


Chapter 19, Sub-Chapter 5,

paragraph S-19-2 I
Chapter l 9, Sub-Chapter 2.
paragraph 8-19-9



cCSSS indicates that parents 1 Q Chapter 19. Sub-Chapter 2,

:ve~e not notifi~d o~ the
paragraph 8-19-7 Crisis
111c1dent, mvestigatJ.on,
consequence, appeal process
8-19- 7 .1 , lnvesti ations
cCSSS indicates that the
Chapter 19. Sub-Chapter 5,

incident was entered into the

paragraph 8-19- 19 (c). 'The
system by the Principal on
principal shall record the incident
May 31 , 2011. School ended
information into the department's "
for students on May ?.6. 2011.
electronic database system within
five school days of the reported




Submit copies of all Chapter 19

fonns regarding serious discipline
to CAS

1 "

Failure to report Class A or

B offenses
Failure to provide due
process to student and parent

There is no evidence that the

Principal submitted the
required Chapter 19
documents to the CAS or the
Deputy Superintendent


Chapter 19, Sub-Chapter 5,

paragraph S-19-21
Department of Education
Procedures, dated July 2004

Failure to provide due

process to student and parent
Expose self. school, and
Deparunem to tort liabilitv
Failure to process and print
appropriate Notices to
parents. CAS
Failure to document the
need fo~ follow-on services,
Expose self, school. and
Department to tort liability
Failure to report Class A or
B offenses
Failure to provide due
process to student and parent

Attachment C

Summary Notes on the Misconduct of Principal, Hawaii School for the Deaf and the Blind

1. There arc twdve ( 12) incidents that were relayed from Roxsaru1e Tomita, a privately contracted service provider for the HSDB to Alan
Shimabukuro, Department Educational Specialist, who conducted an interview during the initial stages of the administrative investigation.
These reporlS include twelve differenl victims that were allegedly violated on multiple occasions dating back to 2004. and involved five
(5) differc=nt alleged suspects assaulting more than one victim over the same period.
2. There are another twenty (20) more alleged victims that were brought to Alan Shimabukuro attention, but was unable to elaborate
before turning the investigation over to the appointed Lead Investigator.






3. The information provided in the table represents:

a. Column 1 - Actions prescribed. for school administrators or designees that are outlined in Chapter 19 related to serious
discipline and/or crisis removal
b. Column 2 - Summary of review, conducted by Calvin Nomiyama, Complex Arca Superintendent, of the student profiles in
eCSSS in which students have been identified as alleged suspects. or alleged victims, and were enrolled in HSDB in School
Year2010-20ll .

Column 3 - References to Chapter 19. Sub-Chapters, and paragraphs that apply to the actions prescribed for school
administrators or designees.

cl. Colmnn 4 - Actions the Principal failed to perform as prescribed in Chapter I 9

Attachment C

Statement of Mavis Kawamura

My name is Mavis Kawamura. I am currently Vice-Principal at KalihiWaena Elementary School.
From February 2009 until July I 51 2011, I served as a Department of
Education District Educational Specialist for Special Education. My
primary function was to provide Special Education assistance to Farrington,
Kaiser, and Kalani Complex Schools.
The Hawaii School for the Deaf and Blind fell under the Kalani Complex.
In April 2011, HSDB Principal Sydney Dickerson contacted me by
telephone for assistance, telling me that h er studen
been arrested the day before for an alleged sexual assault on another
I asked Principal Dickerson, "Did you notify Complex Area
Superintendent Calvin Nomiyama about this?" She told me "No." I was
surprised she had not contacted Mr. Nomiyama, because it was a serious
offense (bat had been alleged. Although there is no administrative policy
requiring contact of the CAS in cases such as this, to me it would have been
the obvious thing to do.
On Monday, April 18th, 2011, our team of Honolulu District staff, Janice
Rogers, Amy Loo, Marcus Dacanay, Mary Church and myself, had a
meeting with Principal Dickerson and her team to discuss what seemed to
be a much larger number of sex assault cases at HSDB than any of us
originally thought. Also at the meeting was Shera Morinaga from the
Family Guidance Center at the Department of Health.
At some point during that meeting, I asked Principal Dickerson again
privately, "Did you notify Mr. Nomiyama about the April 141h arrest?" She
again said '"No," but that she would be doing it. After that m eeting, l went
back to the District Office on Kilauea Avenue. I purposely waited until later
that afternoon before going in to see W..r. Nomiyama to ask him if Principal
Dickerson contacted him. l wanted to give her time to do it. When I
approached Mr. Norniyama in his office, I asked him, "Did Sydney contact
you?". He told me ''No." Then I told him, "There's been an 2.rrest at HSDB
and there are other cases involving multiple students. My biggest fear is
that this could result in a giant lawsuit against the Department if this gets

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out, and the media could destroy us if this leaks out."
Mr. Nomiyama immediately picked up the phone and called Principal
Dickerson. I heard him ask her what was go ing on. The conversation was
short. I'm not sure what Principal Dickerson told him, because Mr.
Nomiyama did not seem upset.
Throughout that next week, I continued to consult with Principal
Dickerson, and to make sure all Special Education procedures were
followed, such as providing mental health support and counsel ing for HSDB
students, and making sure that each student's Individual Education Plan met
the student's needs .
My area of responsibility is limited to Special Education issues, however
in this case the Chapter 19 process needed to be completed in order for the
Manifestation of Determination Review to be completed. This review
involves a team of individuals knowledgeable about the student, trying to
detennine whether "The conduct in question was caused by, or had a direct
and substantial relationship to thestudenes disability."
In the case o~ my concern was that Principal Dickerson's
investigation was not completed in a timely manner. Between April 14[\
201 1 and May 31 si, 20l1, [ asked Principal Dickerson several times if she
had completed her investigation. She told me each time that she was
"working on it." Again, my responsibility involved the ultimate completion
of the Manifestation of Determination Review, which related t~
disability. But in order to complete that rev iew, other procedures
covered by Chapter 19 needed to be met, sucb as an investigation and
disciplinary action against the alleged perpetrator.
According to my search of the DOE's ECSSS, our electronic database,
Principal Dickerson's investigation was not recorded until May 31 5 \ 20 l I.
There are no database entries indicating any disciplinary action against
was ever imposed prior to May 31 9 \ 2011. or that a
Manifestation of Deterntination Rev~ed.


6/ I I

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Statement ofRoxsanne Tom.ita

My name is Roxsanne Tomita. I am a licensed Clinical Social Worker
contracted by the Department of Education. I have worked at the Hawaii
School for the Deaf and Blind since 1996.
Sometime in the fall of 2008, I reported to HSDB administrator Sydney
Dickerson that a male student of mine,
had been forced
to orally copulate another male student at various times and places at the
school. I considered this to be a serious situation, and that it fell under the
DOE's Chapter 19 reporting requirements. I told Sydney about the
situation, and then followed up with a note or e-mail. I also notified the
victim's parent about the situation. I did this on my own as a mandated
reporter, part of my licensing requirement. Sydney did not tell me to notify
the parent or to do anything else. I don't be~ieve she investigated this case
at all.
Between the fall of 2008 and April 2009, it became clear to me that the
incidence of sexual assaults was larger that I had originally thought. I do
not have exact dates and times, but in that period I reported to Sydney at
least three times that she needed to follow up and resolve the situation
regarding sexual assaults on campus, specifically involving student
. . - Between the fall of2008 and April 16, 2009, I am not aware that
Sydney did anything.
On April 16, 2009, I reported to Sydney that student
had disclosed to me that student
had forced sex on him.
When I told Sydney tlus, l told her privately, but then we talked about it
with the dorm staff during our regularly scheduled meeting that day.
Sydney told me she and therapist Scott O'Neal would take care of it.
As in the earlier case of
I asswned Sydney would
fulfill her Chapter 19 requirements and immediately investigate the
situation, and take whatever steps were necessary to resolve it.
On April 29, 2009 school counselors and Sydney met with Dr. Ki mo
Chan, our contracted psychiatrist at the school. 1 was not at the meeting, but
Dr. Chan told me later that he warned Sydney to inform others--parents,
police, Child Protective Service--about the sex assaults, otherwise she
wou1Q risk the school being shut dovm. Dr. Chan's warning prompted
counselors Inga Okuna-Park and Harry Hay Ier to call the police about the
latest incident, which involved student
told me on

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April 16, 2009, he had been forced to orally copulate five boys for the past
two to three years .
Immediately after ,
told me this, I reported what he told me to
Sydney, and I gave her the names of the five boys identified by ~
Again, I believed she would follow up. I said, "You're going to contact the
parents, right?" She indicated she would, but to my knowledge, she never
did .
On April 29, 2009, the police came to the school, but would not make a
report. $
0 mother filed a complaint with the Department of
Education. Sydney asked me to write about what I knew about
case for the DOE, which I did.
In May 2009, Scott O'Neal and I put a group together of the boys who
I as sexual offenders. At our first meeting, these
w ere identi fied by J
boys disclosed names of students who had forced them to have sex, and in
tum, what students they forced to have sex. I was both appalled and
overwhelmed by what the boys told me. Right after that meeting I went to
Sydney 's office with Scott. Sydney, Scott, myself and the two counselors
who were there, agreed to divide up the list of students identified as
involved, and each of us would conduct interviews with the students to
determine the extent of the problem. Sydney said she would call the
I interviewed two or three students. They denied any knowledge of being
victimized. I reported this to Sydney. 1 had also called the parents of the
students I had interviewed, as a mandated reporter.
On April 14, 2011,
disclosed to me that she had been
on four separate occasions
sexually assaulted by student I g
between January and April of this year, on the school bus .
dtold me this, I reported it to Sydney. She said,
Immediately after l
"What are you going to do?" I said, "Call the parents, and then call the
police. She sai~ "Don't call the police." I said, "How about if I call the
parents and they're willing to file charges?" She said, "O.K." I called the
parents and the police . There were three witnesses to a videot
l had
made of the latest assault of - Those three said they had also been
victimized by I & I
I have made several statements to the police about this entire affair.
My biggest concern about Sydney's role in all of this is that she did not
appreciate the seriousness of the problem when it was first brought to her

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attention. As a result of her failure to report these cases to the Department

of Education, the students did not receive appropriate services, and the
perpetrators were left to re-offend, which they did.

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Statement of Sydney Dickerson

My name is Sydney Dickerson. I have been Principal of the Hawaii School

for the Deaf and Blind since Octa ber of 2003.
In either January or February of 2009, school contract therapist Roxsanne
was being forced to perform oral sex
Tomita told me that
on another student. I don't recall if she told me which student. What
was the first instance of alleged sexual
Roxsanne told me about
assault that had been brought to my attention. Prior to this, there had been
at least tlrree reports of student sexual misconduct that had come to me. I
don't have dates when l got those reports or who made them.
When I received the report about
from Roxsanne, I took the
allegation to be serious, and one that required investigation. I questioned
9 3 privately shortly after I got the report from Roxanne, and he denied
anything had happened. To me, that was the end of it.
Looking back, I now know that my handling ofthe report did not
satisfy Chapter 19 reporting requirements. I know that simply talking to
Wtcloes not satisfy Chapter 19 requirements, and I did not document
anything in writing. I also did not record the incident into the DOE's
electronic database, which I should have.
Looking back now as well, I should have instituted an investigation of the
student sexual misconduct cases I mentioned earlier, and met the Chapter 19
requirements of them also. This would have included entering each of those
instances into the DOE electronic database.
I do not recall Roxsanne ever telling me student
been forced to have oral sex.
I also do not recall Roxsanne telling me on April 16, 2009, or any other
time, that student I
tolct her that
allegations at a staff meeting
sex on him. I do not recall discussing $
that day, or saying Scott O'Neal and I would take care of it.
I do not have any documentation regarding either the alleged report by


\\That I do recall on April 16, 2009, was that Roxsanne and Student
now confirmed
Services Coordinator Steve Laracuente told me that
that he had been the victim of sex assault, and had provided them with the
names of the five boys he had been forced to have sex with. As I said

SOH 37

s 7913

earlier, IT
had denied to me he had been forced to have sex. I don't
recall any agreement between myself and the counselors to interview those
. During this time, my mother had been hospitalized, and
named by b
so my recollection may not have been entirely clear. She passed away on
April 22, 2009.
& school counselor Harry Hayler
With this new infonnation byl
called the police on April 29, 2009. The police came, and declined to make
a criminal case. I recall they said they couldn't prove coercion.
In hindsight, I again failed to meet my responsibilities under Chapter 19,
by not reportinJI
f allegations. They should have been investigated
and entered into the ECSSS electronic data system.
I did not ask Roxsanne to respond to a complaint to the DOE by
mother. I drafted the response.
I do not recall school nurse Maureen Lee ever telling me in 2008 or 2009,
or any other time, that studentf?
forced student
to perform oral sex on him.
I also do not recall on April 29, 2009, Dr. Kimo Chan, our school
contracted psychiatrist, ever warning me to resolve the sex assault cases or
the school would risk being shut down. Again, this was during the time my
mother had just passed away.
I am aware questions have arisen regarding student sleepovers at Scott
O'Neal 's house. I know of nothing inappropriate ever having occurred, and
the sleepovers required parental pennission. These were done for school or
extra-curricular activities, such as Special Olympics or other community
On April 14, 2011, Roxsanne told me student
sexually assaulted student
on the school bus, and that
Roxsanne was going to call the police. I told her to call
also. The police came to the school and I
I was arrested.
Although in the chronology I have given investigator Matt Levi I wrote
that I contacted CAS Nomiyama about the
JS arrest, I am now not sure
ifI contacted him or he contacted me, and whether it was on April 14th or
15 1h. I have no documentation regarding that contact.
In the f P case, I again failed to meet the Chapter 19 reporting
requirements, including failing to investigate the case and entering the
information into the DOE electronic database.
I recall CAS Norniyama reminding me at least twice between mid-April,

SOH 38

s 7914

2011, and mid-M ay, 2011, to enter the
case in the DOE electronic
database. Despite his reminders, I didn't do it. I didn't do it because I
didn't know how, electronically. I finally entered it May 31st, 2011, six
weeks after the
arrest. I should have asked CAS Nomiyama for
help, or let him know it hadn't been entered.
I also reme~nber Mavis Kawamura telling me t h e - case needed to be
entered into ECSSS, but I still didn't do it until May 31 5 \ 2011.
I can honestly say I was unaware of the Chapter 19 reporting requirements
until after the
arrest on April 14, 2011. I was also not
aware until then that there was a 5-day reporting requirement, or that cases
such as his needed to be investigated irrunediately.
With all my responsibilities at HSDB, including the budget, facilities, the
boarding program, transportation of kids from the neighbor islands, hosting
a national conference of administrators, and providing technical and other
assistance to schools with deaf students, learning Chapter 19 was not a
front-burner issue.

.Jrk'(}Jje.!e~ L5yc/.1e'l D1d:as011

g/1s /11

SOH 39

s 7915

Statement of Scott O'Neal

My name is Scott O'Neal. From 1998 until August of this year I was a
contract therapist at the Hawaii School for the Deaf and the Blind, as well as
other schools throughout the state.
HSDB student
was a client of mine by way of DOE
referral. He was my client from 2006 until 2011.
first became my client, it became increasingly clear to me
that he needed additional treatment specific to his sexually abusive
behaviors, and that those services may have been beyond the capabilities of
HSDB to provide. In 2009, after
was accused of forcing student
to perform oral sex on
) in the dorm, J
recorrunended to Principal Sydney Dickerson that at a minimum
needed a psychosexual evaluation to determine and make recommendations
as to his suitability to remain in the school dorm. It was also my
recommendation that without evaluation,
should not be allowed to
return to the donn. was suspended for a short time from school,
but a psychosexual evaluation was not done, because his parents did not
allow it.
was not allowed to return to the dorm, but he did come
back to school.
While f felt then and feel now that he shou ld not ha ve been allowed back
in school by Sydney tmless additional safeguards were put in place, to my
understanding there was no other option for school placement for him .
came back from suspension, some changes were made by
Sydney, such as additiona l locks and close supervision. At the time I
thought these changes were s ufficient because there had been no reports of
misconduct by to me.
. . . . and
were also clients of mine .
Even though I have never had substantive training on Chapter 19
procedures, any offense I felt fell within Chapter l 9's reporting
requirements I reported to Principal Dickerson. I assumed she followed her

SOH 40

s 7916

required reporting procedures. If she didn't, I would be surprised.

SOH 41

s 7917

Statement of Maureen Lee

My name is Maureen Lee. I am the school nurse at the Hawaii School for
the Deaf and Blind. I am a Department of Education employee.
Sometime in 2008 or 2009, I attended a meeting with our psychiatrist Dr.
Kimo Chan and student
Counselor Inga Okuna-Park
was also at the meeting, acting as interpreter.
In that meeting, b
first denied then admitted that s t u d e n t had forced him to perfonn oral se~ on in the first floor
laundry room ofF Building, on campus . . . said that-and he
were over in the laundry room, and P
3 1 ropped his pants and pushed
P head down to 3
I groin, and made him perform oral sex.
I felt so bad to hear that, it
like a lost childhood f o r - . having to
go through that.
When Dr. Chan asked 7 S how he felt when ..... did that, said that it was wrong for
to do it.
After the meeting, I went right to Principal Sydney Dickerson's office to
report what I had just heard. Sydney was in her office and I told her what
thad said. I expected her to be concerned. Instead, she acted like I
was bothering her. She just picked up her cell phone and started texting.
She didn't say anything. Then she put her phone down and said, "O.K.,
that's done." She said, "I just texted Bobbie to tell her to make sure the
kids aren't unaccompanied to the laundry room." Bobbie is the head
houseparent. Then I asked Sydney, "are we going to report this to the
parents or anybody else?" She just said; "I'll take care of it.'' She said it in
a tone of voice that said to me that the conversation was over. I left her
office right after that.
I do not believe-primary caregiver, his grandmother, was ever
contacted by Sydney. In May of this year, therapist Roxsanne Tomita told
me she talked to-grandmother, who told Roxsanne that no oi:i-e over
called her about the incident.


! P-1/

SOH 42

s 7918

Statement Park Okuna

My name is Inga Park Okuna. I worked at the Hawaii School for the Deaf and Blind from 2001 until 2009. I was first a
teacher, then a counselor .
Now that incidents of improper sexual activity at HSDB have become public, I am learning that Principal Sydney
Dickerson did not take action when she should have. I thought she had taken care of things and fulfilled her
responsibilities as an administrator.
In 2009, we became award that student

, , had engaged in oral sex with a number of boys at the school. As

a result of that incident, we learned that a number of other boys and girl(s) may have been sex assault victims. We also
then believed the problem of improper sexual activity may have been larger than we thought. After the incident, I was
surprised and disappointed that

the boy named by. . . as the primary perpetrator, was not removed

from the campus. This would have been Sydney's decision. I also know of no significant treatment any of those involved
In 2006, I believe, I called Child Protective Services, because student

had been caught in a compromising

sexual position in the dormitory. We called the parents and had a meeting at the school. I remember Sydney telling
and his parents, "If anything like this happens again, you will be kicked out of the dorm and will have to stay
with a relative on the island "
After this, I heard of more questionable stories about

Z and suspicion of sexual conduct. I was surprised he was

still in the dorm, after what Sydney had said in the earlier meeting.

I do not remember interpreting at a meeting with in which he said he had engaged in oral sex with another
student, and I believe Nurse Lee is mistaken if she remembers me there.
My biggest problem with all of these things that went on is that later incidents could have been prevented if Sydney had
taken action earlier, Thi5 would include the following: Chapter 19 procedures, better staff training, more security
guidelines and follow-up to make sure procedures were being followed.
I consider Sydney to be dishonest. I have seen her lie. I also believe she intentionally failed to report some of these
incidents of sexual misconduct to the DOE or police because in her mind, she didn't want the infractions to become
public and make her look' bad. I also do not believe her first interest is the welfare of the students. I base that on
personal contact with her and seeing how she ran the school. I will never forget one comment she made to me about a
student she didn't like. She said, "I want to hire a hitman to knock him off." She may have been joking but she should
never have said something like that . I am also submitting to investigator Matt Levi, an e-mail from Sydney in 2007,
about how she handled a group of students who hac.J been caught with chewing tobacco. I think her actions and tone
show how mean-spirited she is.


'tf~ <if},,._/.,/ a~


-----''8_-_2-_'1_ -_ _/_._/_-r/_IO

Print nCJm e

SOH 43

s 7919

Dickerson/HCOB/f II DOE
09/26/2007 10:30 AM

To Dewayne Berg/HCOB/HIDOE@HIDOE, Tom

Graham/HCDB/HIDOE@HIDOE, Michella
Maiomna/HCDB/HIDOE@HIDO::. Harry
Murakarni/HCDB/HIDOE@HIDOE, Naomi
Murakarni/HCDB/HIDOE@HIDOE, Jennifer
Petersen/HCDB/HIDOE@HIDOE, Ronald
Unawal/HCD61HIDOE@HIDOE, Lydia
Lara cuente/HCDB/HIOOE@HIOOE, Marissa
Martian/HCDB/HIDOE@HIDOE, Kristin
cc Scott O'Neal/HCDBIHIDOE@HIDOE, Roxsanne
Subje I have lo admit I enjoyed itl

I have to admit, I enjoyed it! For those of you in the know, there was a group of 5 students that snuck into
the bathroom on Monday and took a try of chewing tobacco. All did not feel well , some to the point of
throwing up! Some staff seemed to think it was food poisoning, but no, it was stupidity I
Some of the te achers spent cla ss time yesterday going over what happens to people that 'chew tobacco
with some really graphic picturo=s To those of you thank you! I think my being off campus and having
them stew about it for a day made it e;en better
This morning I met with the five students (all high schoolers) and had \hem sit there and sniff a few
ounces of tob<occo for quite a long time Amazingly they didn't think to breathe through their mouths
Anyway, I have never seen such shades of green on children's faces! Their eyes watered and it W3s ha'd
for me to con lain my laughter
Their consequences will be the t they Viii/ be cleaning the bathrooms (since they puked in them) everyd3/
until the break The/ will do this before they get to eat lunch. Their 4th period teachers, cafet eria 2nd
custodians have the s '~h9dul9
At the encl of it all, 1 had them take a good long whiff again Probably 3-4 minutes before sending them to
class Some of the homeroom teachers may have noticed they didn't look so good!
I have to admit, I enjoyed it!


SOH 44

s 7920

Statement of Steve Laracuente

My name is Steve Laracuente. I am the Student Services Coordinator at the

Hawaii School for the Deaf and the Blind. I am a Department of Education
employee, and have worked here for the past 17 years.
Sometime in 2006, I became aware of an e-mail from counselor Scott
O'Neal, who reported that Houseparent Boyd Nakamura had caught
on campus after school hours, standing
boarding student
behind student
with an erect penis. Nakamura said he
was able to stop
before anything happened. With this infonnation,
I believed
needed an immediate referral for an Emotional
Behavioral Assessment. An EBA was conducted by a DOE contractor, Dr.
David Roscoe, who concluded that f
suffered from serious issues
that needed to be addressed, and that" The counseling and therapy needed
to include education and social training regarding appropriate and
inappropriate sexualized behaviors." The date of the report was September
7, 2006. The report also concluded that" Dormitory behaviors need to be
closely monitored to help insure that the reported behaviors do not represent
or become a pattern of sexually acting out misbehaviors."
Principal Sydney Dickerson was copied on the original e-mail from
O'Neal, so she knew about the
incident from the very
f should have been permanently removed from the
In my opinion, 3
dormitory after this incident was first reported by Nakamura. My opinion
was reinforced after I saw the September 7, 2006 report by Dr. Roscoe.
\Vhile Sydney was involved from the beginning of the case and the
referral to Dr. Roscoe, after his report was completed, to my knowledge,
there was never any formal DOE investigation of the case, or any
disciplinary action taken against. _ He was allowed to remain in the
dormitory. I was very surprised nothing was done.
In 2009, student
and four other boys of
forcing him to have oral sex with them. School counselor Harry Hayler and
J brought
to Sydney's office so I
Jcould repeat his story for her
with more detail. I did not stay to hear what
told her, and I'm not
sure if Harry did either. I don't know if there was any formal DOE

SOH 45

s 7921

investigation of
claims, but T don't believe there was . After
to Sydney, I thought to myself, " Oh no, there goes
a g ain." It was then that I believed
should be
pemrnnently removed from the school.
Sometime, I believe in the fall of 2009 or the fall of 2010, I heard that
~ad perfonned oral sex on I' g
on the school bus
during a bowling outing after school. I spoke to the driver of the bus, Steve
Hanai, who is also the coach of our bowling team. He confirmed to me that
another student on the bus to1d him that the sexual act had taken place while
Steve was drivin~ . It is my undei:standing that the incident was reported to
Sydney, but again, no investigation pr acti on was ever taken that I'm aware

SometiIT\.e short!)' after the bowling outing Lncident, a female teacher, [

can't remember her name, caught
in the Building C stairway or
stairwell area, performing oral sex <fl
. during school hours . She
immediately brought the students to me, and I took them right to Sydney's
office. Knowing
history by now, I was really angry. I have to
say that knowing what I knew then, I didn't believe Sydney would take any
action against the two of them. I was hoping Sydney would tell
J'God damn it, this is it, this is the last straw," and kick him out of
school. Again, as far as I know, no disciplinary action was ever taken
What b?thers me most aboutf1_l 9ft.h~e .c;:rs is t~at I am 100 per cent
sure that 1f Sydney had taken action against . .
' early, when she first
heard about his i~.volverlfnt in sexual assaults, subsequent assaults could
have been prevented. There were plenty ofred flags for her.
Because of her inaction, I believe studen.ts were hurt unnecessarily, and
perhaps scarred for life.


. -~~M~-~-"l..&-
., .t.


. .'

SOH 46

s 7922

Statement of Leann Quarto

My name is Leann Quarto. I am an Educational Assistant with the

Occupational Skills Center at the Hawaii School for the Deaf and the Blind.
On January 28, 2011, I witnessed two HSDB students, one male and one
female, having oral sex on the stairs on the side of C Bujlding, during class
time. It was around 2: 15 p.m.
As I approached them, I was shaking my head and my finger at them so
they would stop. f was walking down the stairs when I saw them below me
on the stairs. The boy,
was facing me, standing on the
ground at the bottom of the stairs, and the girl,
, was sitting
on the bottom stairs, with her back to me. When f
saw me, he
moved away, and zipped himself up. My co-worker Star then came up.
walked away, and we took
to the first HSDB staffer we
could find, I think it was Claudia. We left
with Claudia and other
HSDB staffers, and then pointed out P
, who was going up the B
Building stairs. Before we went back to work, we saw some other staffers
consoling I was surprised to see
still in school after this incident. HSDB
Principal Sydney Dickerson asked me the following week to e-mail her a
statement about what I had seen, but my boss told me not to use e-mail. 1
told her that in the HSDB office, and so she said to just type out a statement.
I was surprised she didn't want to interview me. 1 have given investigator
Matt Levi a copy of that statement.
I really believe the school should have called the police after this incident,
and I don't understand why the boy wasn't kicked out of school.

SOH 47

s 7923

Statemenl of James Lambrecht

My name is James Lambrecht. l have been a Houseparent at the Hawaii

School for the Deaf and the Blind for about 12 years. As a Houseparent, it
is my duty to watch over the boys' dormitory.
A number of years ago, Principal Sydney Dickerson had instructed me to
keep an eye on dorm student
. She said he had been
involved in something, but she wasn't specific.
It was an afternoon shortly after that, I saw student
come back to the dorm from school. He disappeared for a while, and I
became suspicious, so I went to look for him. As I looked i n
b came out of his bathroom, wearing only shorts and
acting like he'd just used the toilet. I texted Sydney a n d - counselor
Scott O'Nea1 to tell them something was going on. Then Houseparent Ladd
Edwards found hiding under a desk in a nearby empty room.
Under questioning by Scott O'Nea], who had by now arrived at the dorm,
. .admitted giving oral sex to
The police were called, and
B g was eventually suspended from school for a week and kicked out
of the dorm. He went to live at his aunt's house.
Scott O'Neal later told me the sex between
consensual, which I thought was a ridiculous thing to say. I believe
I g forced himself on ..... If it was consensual, why would
have been hiding?
I couldn't believel
was allowed to come back to school. 1 told
I have to kill somebody to
some of the other Houseparents, '' Does
get kicked out of here?"
I felt Scott downplayed a lot of incidents. I believe on some level he was
I maybe because Scott thought he could eventually
change P & I into a non-offender.
l had forced sex on a girl on a school
When I heard in April that (
bus, I wasn't surprised. I was hoping that would be the last nail in the
coffin, and the incident would be something Sydney and Scott couldn't
sweep under the rug.
I also remember an incident several years ago when police were called to
the dorm after a fistfight between students
and-. Daniel Cho


SOH 48

s 7924

and I were on duty. When the police came they told us that if it was a fight
someone would be arrested, but if it was an argument, there would be no
arrests. Daniel texted Sydney and told her about the fight, but she texted
back and told us to tell the police it was just an argument and not a fight. In
my mind, then and now, there was no question that Sydney wanted us to lie
to the police about what happened. We lied to them and said it was an
argument, because we were afraid of Sydney. If you worked here, you had
to do what she said. Her word was the law.
I never had any real training in Chapter 19 before this year, and ifl had
known then what was in it, there is no question that we could have made
some positive changes. I definitely do not want Sydney back as
Ad.mi nistrator. A lot of good people left here because of her.
As far as
I L is concerned, her not kicking him out allowed him to
Sydney wanted to be known as a good administrator. She hid things so
that her career and her image wouldn't be damaged.



Oct. St/.., J-o//


SOH 49

s 7925

Statement of Daniel Cho

My name is Daniel Cho. I am a Houseparent in the boys' dorm at the

Hawaii School for the Deaf and the Blind. I have worked here since I 999 .
Investigator Matt Levi has shown me an incident report dated 5/ 16/06
written by Houseparent Boyd Nakamura, in which student
said student
, now - , was making improper
sexual advances to him. I remember the incident, and that Counselor Scott
O'Neal told us he notified Administrator Sydney Dickerson about what had
happened, and that she was going to meet with the boys the next day. I
don't know if anything was ever done.
When I look at the reporting form, which we don't use anymore, I
remember how I never fully understood how to fill one out, and I found the
form complicated and confusing. l thought that "severe incidents" were less
important than "serious incidents" because they were farther down on the
page, but I know now that the opposite was true, that "severe incidents"
were actually considered more dangerous. The form was put together by
Counselor Scott O'Neal, and we were never taught how to fill them out. I
was also never told what to do about the box in the upper right of the page,
" Administrator Response Required?" so I never filled that in, and nobody
told me r had to.
1 look at Sydney Dickerson as being dishonest. One incident stil I makes
me very emotional, and it is difficult to talk about, but I feel I should.
About 5 years ago, there was a fight on the ramp outside the dorm after
dinner. The two boys fighting were . . . and
said _
was picking on him, and bullying hi m, so I
final ly hau led off and hit
1was on duty with another Houseparent, Jay. After Jay and 1 got the
boys separated, Jay started to call the police, while I texted Houseparent
Supervisor Bobbie Chiwa-Tanaka and Administrator Sydney Dickerson.
While Jay was calling the police, Sydney texted me back, "No! Don't call
the police!" I had thought she would tell us to call them, because it was
clear they were needed to help us, and her response totally contradicted
what she had said in training. So, I texted Sydney, "The police are already
on their way, they're coming." She texted back, "Tell them that it wasn't a
fight, it was just an argument." I took that to mean she wanted me to 1ie to

SOH 50

s 7926

the police, because it was clearly a fight, and I had explained that to her.
I didn't speak to the officers who arrived because I'm deaf. Jay first
started to tell the police it was a fight, but then spoke to Sydney by cell
and ended up telling the officers that
had just gotten into
an argument.
After the police left, I was upset. I told Bobbie about how Sydney had
told us to change our story for the police, and Bobbie just said "Sydney is
the one who makes the decisions."
I think
and . . .h hould have had consequences for their fighting,
but I don't think anything was done.
I don't want Sydney Dickerson back. J have no trust in her at all. There
were other situations she could have resolved but she didn't.
After that incident with and- . there were other times l could
have called the police because of things happening in the boys' dorm, but I
didn't because I didn't think anything would get done .

.iL~f'-cJr- _

I Q! _L,,+ ;;,
_ o_,_/_..__
I ___

SOH 51

s 7927

Statement of Charlie Lu

My name is Charlie Lu, and I have been a Houseparent at the Hawaii

Schoo] for the Deaf and the Blind for approximately seven years.
was trying to
I remember in 2006 or 2007 student
manipulate and control fellow s t u d e n t -.
One night when I was on duty in the dorm during that time, 1 couldn't find
- I went to
room and saw:-. in I 2
was sitting on the toilet facing
who was standing. [
started to pull his own pants down. The boys then saw me. They looked
tarted to pull his pants back: up, while he was still
sitting on the toilet. Then he stood up quickly.
I was able to call for Houseparent James Lambrecht, who came over with
Houseparent Daniel Cho and supervisor Bobbie Chiwa-Tanaka. I filled out
a report and gave it to Bobbie, who I assumed passed it on to Principal
Sydney Dickerson, who also showed up at the dorm that night.
I never heard anymore about that incident, and when I approached Bobbie
sometime later and asked her what happened about my report, she told me
that it was being taken care of, that Sydney was handling it.
should have been kicked out of schooJ by Sydney. I don't
understand why nothing was done.

/O 16 I .101/

- Jo :o/

SOH 52

s 7928


Statement of Meilia Sonogin i-Souza

My name is Meilia Sonognini-Souza. I have been a Student Services

Coordinator Clerk at the Hawaii School for the Deaf and the Blind for the
past four years.
Sometime in 2008 or 2009, transgendered student . . . . . . . . told me
she was forced by another student to have oral sex. She told me this during
at first did not want to name the other student. l said,"
you don't want this to happen to another student, do you?" 8
l said she
didn't know who to tal k to about it because she felt ashamed about what had
I encouraged her to talk to Steve Laracuente, my supervisor, so they could
have a private conversation about what happened. I took
in to see
Steve. Steve later said he needed to meet with the Principal about what
had told him. I later found out the other student was
Also in 2008 or 2009, student came up to me at B
Building, and I asked her what was going on. She said that she felt that she
was being bullied. I asked her, "Who's bullying you?" She signed ... .,
in a very secretive and quiet way. I said, "What is he doing?" She just said,
"He's bullying me." She said "He's always mnning into me with his body.''
I said we need to tell your teacher or your counselor. The two of us went to
meet with Steve Laracuente. met with him, and 1 went back to
One or two weeks later, ~pproached me again at school. She
told me,''[
f doing something wrong." I said, "Like?", and she
said, "He's bothering me." I said, "A touch, a hug?" She said, "A hug." I
said, "Did the hug bother you?" She said it was in a flirtatious way, "A very
touching hug." I asked her to show me, and J gave her a normal hug. She
said "No," and 1 said "Was it more sexual in nature?" She said,"He tried to
touch me," and then she burst into tears. I didn't ask her any more
questions. I said, "Do you want to talk to the counselor, or Steve, or the
Principal ?" She said she wanted to meet with Steve, so I took her to his
In 2008 or 2009, I personally went to Principal Sydney Dickerson's office.

SOH 53

s 7929

I went to her because I feared for the safety of our students, both physically
and emotionally, and I kept hearing more and more stories about improper
sexual activity and bullying on campus. I was also concerned that parents
may not have been aware of some of the things that were taking place, or
that the kids were not telling them what was going on, maybe because of an
inability to express themselves fully to their parents.
J asked Sydney directly, "Are you aware of all these stories about sexual
activity on campus, and bullying and fighting in the dorms?" Sydney
answered, "Yes," but she had this look on her face like she was aggravated
that I had asked her. She said, "We're taking care of this, but it doesn't fall
under your job description.''
Her telling me that made me feel that I couldn't do anything for the kids at
our school, or their parents.
After that conversation with Sydney, l also felt I could no longer continue
to go to her with issues, and I never did.

SOH 54

s 7930

Statement of Gwen Chun

My name is Gwen Chun. I have been a School Administrative Services

Assistant at the Hawaii School for the Deaf and the Blind since 2008. I
worked directly under Principal Sydney Dickerson.
I have not witnessed any sexual misconduct on campus since I've been
here .
Back in 2009, J believe, I remember a number of boys in the office in a
case involving
I remember asking Sydney the next day what was going on. She just said,
:" Keep it co nfi dent~al, it was just a blowjob," I was S\J.Iprised at tl~e way .she
said it, like she was downplaying it, because police had come to the school
and it seemed like a big deal.
1 don't believe Sydney should be allowed to come back as Principal. If
she comes back I will quit, because knowing what I know now, 1 couldn't
work with her. Maybe she was trying to protect foe kids, but she let the
situation get out of hand . Sydney is ultimately responsible for what
happened here.

SOH 55

s 7931


R.H., Individually and as Guardian Ad Litem
for 4.H., an Incompetent Adult,

Civil No. l2-l-3327 -12 IHC

(Other Non-Vehicle Tort)



KATHR\I MATAYOSHI, in her official

capacity as Superintendent of the Hawai'i
Department of Education, STATE OF

LANAKILA PACIFIC, a non-profit

organization, AND DOES 1 and 3-30,

I I{EREBY CERTIFY that I caused a true and correct copy of the foregoing
document to be served on the following persons by facsimile, hand-delivery or U.S. mail,
postage prepaid (as indicated below) to their respective addresses:

Attomey General of Hawaii
Deputy Attorneys General
Department of the Attorney General
State of Hawaii
425 Queen Street
Honolulu, Hawai'i 96813
Attorneys for Defendants

KATHRYN MATAYOSHI, in her official

capacity as Superintendent of the Hawai'i
Department of Education, STATE OF




Judge Eden Elizabeth


Dispute Prevention & Resolution, Inc.

1003 Bishop Street, Suite 1155
Honolulu, HI 96813

DATED: Honolulu, Hawai'i,


Attorneys for Plaintiffs