Settlement to dispense $3.75M to victims in school sex assault case

Question: Whatever happened to the lawsuit against the Hawaii School for the Deaf and Blind over accusations that students were sexually assaulted?

Answer: Earlier this year, a federal court approved the settlement of the class-action suit against the state alleging that students were sexually assaulted by other students and had sex with staff members.

The suit also charged that state education officials did not prevent and tried to conceal the abuse at the only public school in the state for the deaf and blind.

Any student who was a victim of sexual assault or witnessed the crime at the school since 2001 is encouraged to call the claims administrator of a $5.75 million class-action settlement by Nov. 30.

Riki May Amano, a retired state judge serving as the claims administrator, said verified and processed claims will be paid from at least $3.75 million of the settlement.

About 31 people have submitted notification of claims, Amano said, adding that lawyers estimate there may be close to 50 eligible for settlement payments.

Those eligible include students who were sexually assaulted, had sex with a staff member or witnessed a sexual assault at the Kapahulu campus or on a school bus  from Aug. 10, 2001, to April 22, 2013.

Amano said some students may be reluctant to file claims because they fear such action might shut down the school and because of the stigma tied to being a victim of sexual assault.

But she said the amount of money for the claims has already been set.

"We want them to move from being victims to becoming survivors," Amano said. "It takes a lot of courage for them to come forward, even now."

Eric Seitz, one of the lawyers who filed the class-action case, said he also wants to bring closure to the victims. "The best way to do that is file a claim, have the claim determined and get recognition for what happened to them," he said.

The money will be divided among the claimants in payments of $20,000, $75,000 or $200,000, based on the severity of experiences.

The payments would be adjusted depending on the number of claimants. The rest of the settlement will cover attorney fees and costs, and administrative expenses, although the set amount for  the claims could be increased if administrative costs are less than the $1 million alloted, Amano said.

To be eligible for claims compensation, a student or family must provide the affected individual’s name and contact information by Nov. 30, Amano said.

The information may be submitted in a letter to Judge Riki May Amano (ret.), Claims Administrator, HSDB Class Settlement, c/o 1003 Bishop St. Suite 1155, Honolulu HI 96813. They may also call 348-9779 or send an email to ramano@hsdbsettlement.com.

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This update was written by Ken Kobayashi. Suggest a topic for “Whatever Happened To…” by writing Honolulu Star-Advertiser, 500 Ala Moana Blvd., Suite 7-210, Honolulu 96813; call 529-4747; or email cityeditors@staradvertiser.com.