A circuit court judge sided with Kapolei Charter School and its director Wanda Villareal who claimed a 2019 search of three students accused of smoking cannabis and vaping on a field trip was lawful.
On Tuesday, Judge Kevin T. Morikone granted
summary judgment in favor of the school, Villareal, the state Department of Education, and the Hawaii State Public Charter School Commission, who were the
defendants in a lawsuit brought by the three students and their families, according to a news release from the state Department of the Attorney General.
The defendants
“vehemently denied the allegations throughout the case and moved for summary judgment on all claims” read the release.
On Tuesday, Morikone granted summary judgment in favor of the state and the school and directed the entry of a final judgment. The trial scheduled to begin on July 17 has been canceled because the “defendants won the lawsuit without the need for a trial,” according to the release.
“We are very satisfied with the decision,” said Deputy Attorney General Justine Hura, lead attorney for the defendants, in a statement. “The Department of the Attorney General’s position has always been that the claims lacked any merit, and we are happy to announce that our clients have prevailed in this case.”
William F. Sink, who represented the three now former students, who were juniors at the time of the incident, did not immediately reply to a Honolulu Star-Advertiser request for comment.
On Sept. 27, 2019, the three students went on a school field trip and “sometime after” they were “falsely accused of vaping and smoking” cannabis on the school bus while on the field trip, according to the lawsuit filed in state court.
On Oct. 1, 2019, the students were allegedly ordered into Villareal’s office. Villareal allegedly asked each student to “lift up their shirts to their bra line” with the school’s vice principal and another teacher
present.
Villareal was accused of grabbing “the middle portion of certain Plaintiffs bra and forced each Plaintiff to jump up and down.” She allegedly ordered one of the students to “pull her pants down to her knees and patted down each student at their waists, hips and buttocks,” according to the
lawsuit.
In a response filed Feb. 21, the state claimed the search was lawful, in compliance with school policies regarding smoking and illegal cannabis consumption, and denied the allegations made by the students.
“Our Governing Board has stood with unwavering trust and belief in our school director, Wanda Villareal,” said Kapolei Charter School Governing Board Chair Malcolm Lau, in a statement. “We take school safety seriously and work hard to keep our school positive and drug-free. We are proud that we have approached this matter with care and compassion for all concerned. Our top priority is to ensure that we can provide a positive and safe learning environment that serves the best interests of our students.”