A former University of Hawaii student and Air Force veteran is suing the university and one of his professors — the chairwoman of the Manoa Faculty Senate — for allegedly attacking him with “violent outbursts and irrational verbal and physical abuse.”
Kenton Asao filed a lawsuit in Circuit Court this week accusing Marguerite Butler, an associate biology professor, of assault and battery as well as intentional and negligent infliction of emotional distress. The suit accuses UH of negligence.
“This professor committed battery on this kid for no reason,” said Honolulu attorney Robert Campbell, who is representing Asao. “It’s shocking to me.”
His client is seeking damages and a jury trial.
Butler, who previously served on the Manoa Faculty Senate’s executive committee before being named chairwoman this academic year, did not respond to the Honolulu Star-Advertiser’s request for comment.
The allegations stem from a 2014 incident in which the former student claims he sustained physical injuries and emotional pain that interfered with his school work and required psychological counseling. Soon after the alleged incident, he says he was deemed unfit to re-enlist in the Hawaii Air National Guard. (He had previously served in the Air Force.)
Asao had been pursuing a bachelor’s degree in biology at UH Manoa in October 2014 when Butler invited him on a research trip to Kauai. Following a disagreement, tensions simmered during the trip before escalating to a physical confrontation.
He said he had a disagreement with Butler over her request that he transport flammable liquids and live insects between Oahu and Kauai. He claims Butler asked him to transport approximately 1 liter of a solution containing mostly ethanol to preserve insect specimens on the trip. He decided not to transport it after consulting federal regulations and being cautioned by an academic adviser.
Asao also told Butler he would not carry live insects found only on Kauai to Oahu because he was told by the state Department of Agriculture that he would need a permit and approval from the agency’s entomologist.
“Conveying this information to (Butler) caused her to become visibly and verbally agitated,” the lawsuit said.
While on Kauai, Asao says, Butler again asked him to transport live insects back to Honolulu. He declined.
“A heated discussion ensued, and (Butler) became agitated again,” the lawsuit said. “Butler angrily complained that if plaintiff was relying on his faculty mentor and the Department of Agriculture instead of her, then that amounted to plaintiff calling her a liar.”
At that point Asao said he decided to part ways with the group and find his own way to the airport. As he was walking away, the lawsuit says, Butler said she wanted to speak with him about carrying the insects on the plane. He repeated his stance and walked away, but she allegedly chased after him.
The lawsuit says she “used great force to physically restrain him by grabbing the handle of his backpack and pulling on it.” She then grabbed his backpack handle with both hands “and leaned backwards at an angle using all of her weight to twist (Asao’s) back in an apparent attempt to throw (him) to the ground. Butler was essentially hanging from (his) back for a few seconds with all of her weight.”
Asao says he experienced “intense shoulder pain and a sharp pain along his entire spine” during the tussle. When he asked her to stop, he alleges she instead “regained her footing and did the same thing again … but only harder and with more force.”
Asao said the encounter aggravated a pre-existing back injury that he had suffered while in the military, according to the lawsuit. He has a military service-related disability rating of 20 percent. (The disability rating, which ranges from 0 to 100 percent, reflects the degree to which a condition impairs a veteran’s ability to work. The higher the percentage, the worse the disability.)
“She was angry on this trip, and more importantly, she knew he had a back problem. She even inquired about it at one point,” Campbell said. “All I know is that is a peculiar way to act, especially when someone tells you, ‘You are hurting me.’”
The lawsuit says the incident was witnessed by other UH employees, but “no university employee did anything to intervene and stop Butler’s abusive conduct.”
According to the lawsuit, Asao sought emergency treatment for his injuries. Campbell said a police report also was filed.
Two months after the incident, Asao had been due for a physical to re-enlist in the Hawaii Air National Guard. But, the lawsuit says, “owing to his pre-existing service-related back disability, (Asao) was deemed unfit to continue in the service due to his aggravated physical injuries and the emotional injuries resulting from Butler’s conduct.”
University spokesman Dan Meisenzahl said UH could not comment on the case. “We haven’t officially received the complaint yet. We normally do not comment on ongoing litigation,” he said. Meisenzahl confirmed that Asao was enrolled at UH from 2009 to 2015.
