Judge denies dad’s
restraining order

The ex-Kaiser teen's father
filed the order against the state

By Debra Barayuga
Star-Bulletin

A judge yesterday denied a motion for a temporary restraining order against the state on behalf of a student suing a Kaiser High School teacher for alleged harassment and intimidation.

The student has said the teacher hosted parties at her home where minor students were supplied alcohol and drugs and encouraged to have sex. The Department of Education is investigating the allegations, which surfaced in a lawsuit filed last month by attorney William Sink.

Sink represents William Hale, the boy's father.

In denying the temporary restraining order yesterday, Circuit Court Judge Bambi Weil said Sink failed to show irreparable harm would come to the student, since the student is no longer attending school and the teacher has been placed on administrative leave.

"If there was harm, it was in the past," said Martin Basiszta, of the state attorney general's office.

The lawsuit claims the student was harassed, intimidated and threatened by the actions of the teacher and her estranged husband and that the school and teacher's union failed to investigate properly or engaged in a cover-up.

In the request for the temporary restraining order, Sink sought relief that included suspending the teacher without pay, preventing the teacher and her estranged husband from intimidating or talking to the boy and other Kaiser students considered to be witnesses and halting any investigation by the school.

The teacher has been on administrative leave since Feb. 3, pending the results of an investigation.Hale removed his son from school in March after complaining to school officials.

Weil also declined Sink's request to halt the DOE's investigation, saying it needs to find out whether the allegations involving the teacher are true.

Milton Shishido, Honolulu district superintendent, confirmed that Kaiser High and his office are investigating. He declined to comment on the investigation, other than to say that the initial complaints were "properly investigated according to the

blrb A student claims a teacher hosted parties at her home where minor students were supplied alcohol and drugs. resources we had."

Besides the teacher and the estranged husband, the lawsuit includes defendants Kaiser High School, Principal Gayle Sugita, the Department of Education and the Hawaii State Teachers Association.

The student suffered "extreme emotional distress" from the way officials handled the matter, the lawsuit said. The lawsuit alleges that the department was negligent in hiring the teacher and that Kaiser High administrators failed to protect students in their care.

The lawsuit also claims that principal Sugita -- against the student's wishes -- conducted an open investigation into the incidents, creating a hostile atmosphere that caused him to fear for his life and leave school. Sugita, following the department's policy on matters under litigation, declined comment.

The suit also states that the Hawaii State Teachers Association conspired with the teacher to cover up the allegations.

"We've never tried to cover anything up and we won't start now," said Danielle Lum, HSTA spokeswoman.

"We have absolutely no idea what's behind this, what the motivation is," said Joan Husted, HSTA deputy executive director.

"From what little I know, we're sure there's no truth to the lawsuit."