The state Department of Education is set to pay a quarter-million-dollar settlement in a 2021 case brought by a Big Island family alleging the agency failed to protect a female student from repeated sexual assault on a public school campus.
Lawmakers in both the state House and Senate are set to consider bills this session that include a request by the Department of the Attorney General to appropriate $250,000 in general revenues to settle the lawsuit. The payout, if approved, is among $1.22 million being request to settle claims against the state, its officers or employees this session.
The civil action, filed in March 2021 in Third Circuit Court and later petitioned to U.S. District Court, alleged that between November 2018 and Feb. 26, 2019, a male student at Konawaena High School repeatedly sexually assaulted, sexually abused, harassed and/or bullied a female minor who attended Konawaena Middle School on the high school premises.
The suit further claimed the defendants — the state Department of Education, Board of Education, now-retired Konawaena High School Principal Shawn Suzuki and other not-yet-named parties — were made aware of at least one temporary restraining order having been filed against the male student prior to November 2018 that alleged the same misconduct as the victim in the 2021 lawsuit.
Despite the knowledge, the defendants did not take action to protect students from the male student, according to the lawsuit. As a result the minor victim “was assaulted on repeated occasions in the ‘E’ building of KHS,” the lawsuit’s complaint reads.
The civil complaint outlined more than a half-dozen counts, or causes of action, including violations of Title IX of the Civil Rights Act of 1964 and the Fourteenth Amendment, which provides equal protection under the U.S. Constitution, as well as allegations of negligence. Prior to the settlement, Suzuki saw dismissed the violations of Title IX in his official and individual capacities, as well as several counts dismissed in his individual capacity.
A “conditional settlement” was announced during a Jan. 5 settlement conference hearing in U.S. District Court in Honolulu. Jury trial, which had been set for June 26, is now off the table, according to federal court records.
House Bill 979 and Senate Bill 1277 were introduced Jan. 23 and Jan. 25, respectively, and passed first reading in their chambers. The measures had yet to be assigned to committees as of press-time Sunday.
It is the policy of West Hawaii Today to not identify victims of sex assault. The newspaper is not publishing the victim’s names or initials nor the name of the plaintiff on the lawsuit to protect the identity of the minor.
Though the male accused of the sex crimes is not named in the lawsuit, the minor’s guardian confirmed to West Hawaii Today that he is Justin Mariano, who was indicted in 2019 for sexual assault in three separate criminal cases, including one involving the victim in the civil suit that lawmakers are considering appropriating funds to settle.
Mariano this fall was found fit to stand trial in all three cases after spending over two years at the Hawaii State Hospital after a Kona Circuit Court judge found him unfit, as well as a danger to the community on Feb. 28, 2020. Three trial dates remain set: March 7, March 28 and May 16, each victim having their own trial.
Bail remains at $20,000, which had been posted upon Mariano’s arrest, with release to house arrest with conditions including electronic monitoring.
Court records indicate Mariano was aware of the victims’ mental capacities. If convicted, Mariano could face up to 20 years incarceration for each count of first-degree sexual assault, 10 years for each count of second-degree sexual assault and five years for third-degree sexual assault.
