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Kealakehe JROTC sex scandal
Shawn James Leavey, Big Island Weekly
August 22, 2007
The
male Junior Reserve Officer Training Corps (JROTC) teacher accused of
having sexual relations with a 10th grade female Kealakehe High School
student has been charged by county prosecutors.
Hawai`i County Deputy Prosecuting Attorney Linda Walton said the JROTC
teacher has been charged with custodial interference in the second
degree. The offense -- intentionally taking, enticing, concealing or
detaining a minor lawfully entrusted to the custody of an institution
-- is a misdemeanor punishable by a maximum one-year prison term.
DOE Area Superintendent Art Souza said the instructor "is no longer
working for the Department [of Education]." Confidentiality procedures
kept him from disclosing the "gory details" of the incident, which was
first reported in April, but Souza said the DOE's investigation was
"substantive enough to warrant dismissal."
Though the man can no longer work in Hawai`i schools, his teaching
certification is still valid. JROTC teachers are not state-certified
like other DOE teachers, they are retired or active duty military
personnel certified through their branch's JROTC program. While these
elective programs are jointly funded by the Department of Defense and
the DOE, the curriculum is the military's.
Ashley Garman, High School Division Chief of the Army's Western Region
Cadet Command, was not aware of the Kealakehe incident. He said an
issue like this "is a school matter." "JROTC teachers are school
district employees. The Army gets involved if the civil authority
doesn't have jurisdiction, as in a uniform violation," Garman said.
"The Army will not investigate until the school district finds
wrongdoing," but the procedure is that "[JROTC teaching] certification
will be pulled if the individual is found to have committed misconduct."
Until the DOE informs the Army of its disciplinary action and requests
it to conduct its own misconduct investigation, the individual could
potentially apply for one of the 200 plus vacant teaching positions
listed on the Army JROTC website.
As of July 30, one of the positions available is located at 74-5000 Puohulihuli Street, Kailua-Kona.
The West Hawai`i Today website recorded a heavy amount of commentary
from parents, students, teachers and community members following
initial publication of the story in April. At that time, the DOE had
not disclosed that the teacher under investigation was actually the
Battalion Army Instructor for the school's Junior ROTC. Some
commentators were skeptical, but many others knew both the teacher and
student in question.
A blogger identified as "Students Beware" wrote "this man is not in his
20s . . . he's an old man . . . she's 16. With or without her ok, to me
as a parent, he's wrong. My child goes to school because it's the law
for her to learn. Not to have her ROTC. teacher take advantage of her!"
"ProtectEveryone" wrote, "as a parent when I drop my child off at
school I expect that she is safe. This 'teacher' is not guilty yet. If
so, heaven help us. I have said his relationship with students were
inappropriate before."
"Student from Kealakehe" made an indictment, saying "this guy is a pervert, fire him."
In confirming disciplinary action against the teacher, Superintendent Souza said, "hopefully, this will put people at ease."
Though it remains to be seen if the Kealakehe JROTC sex case was one
isolated incident, history shows this as part of a larger pattern of
sexual misconduct, harassment and abuse.
The Aug. 5, 2002 edition of Army Times reported "JROTC Sgt. Charged
with Sex with Student." The Detroit News reported on April 25th, 2005.
"Junior ROTC teacher at Southgate Anderson High School accused of
taking a 15-year-old female student to a motel and having sex with her
on several occasions." In 1991, court records from Anchorage, Alaska
state a JROTC instructor was terminated for sexually abusing two
students. In 2005, the Hawai`i Tribune
Herald reported that former Waiakea High School Navy JROTC Master
Sergeant Brian Jordan was accused of sexual harassment. Jordan resigned
in the wake of complaints he made "inappropriate sexual remarks about
female students," among other allegations.
Kealakehe JROTC Senior Army Instructor Daniel Malakie defended the
JROTC, saying "every now and then things happen, on the civilian and
military side of the house. But the military gets a bad rap. The
program itself is a good program . . . don't knock the program."
Explaining the benefits of the Waiakea High Navy JROTC program, Lt.
Commander Schlegelmilch said every year she is allowed to nominate
three exceptional cadets to attend the U.S. Naval Academy, which is a
very prestigious honor.
In August 2005, the USA Today article "Military academies and sex
abuse: 15 years of failure" reported on "the prevalence of sexual
harassment and assault at the nation's military academies." A
congressionally mandated task force from that time reported "a
subculture at the schools persists in devaluing women in uniform and
denigrating their capabilities, creating an atmosphere that tolerates
their abuse." It further stated "records from the past decade show long
periods when offenders weren't consistently or effectively disciplined
or prosecuted."
After the breaking of the 2003 military academy sex abuse scandal, a
Department of Defense Inspector General's survey of the military
academies asked "since becoming a cadet/midshipman, has someone done
any of the following to you without your consent and against your will?
Touched, stroked, or fondled private parts; physically attempted to
have sexual intercourse with you, but was not successful; physically
attempted to have oral or anal sex with you, but was not successful;
had sexual intercourse with you; had oral sex with you; and, had anal
sex with you?" The survey reported that over 50 percent of female
respondents and 11 percent of males indicated experiencing some type of
sexual harassment since becoming a cadet.
From the NY Times reporting in 1991 that "a female midshipman at the
United States Naval Academy was chained to a urinal by male
classmates;" to the PBS Frontline investigation of the infamous 1991
Tailhook Association Convention, where 200 drunken aviation officers
funneled women down a "gauntlet," groping breasts and buttocks,
attempting to strip off their clothes, while banging on the walls and
singing. There are stories of indecent behavior older then the
Kealakehe student.
Sexual abuse suffered by active duty, combat-zone soldiers is just as
bad, if not worse. The study "Military Sexual Trauma" published in the
March 2007 volume of Military Medicine found that during the Persian
Gulf War "34 percent of female respondents reported a rape or attempted
rape during active duty. Many had been raped more than once; 14 percent
reported being gang raped during active duty . . . One-third did not
know how to report the event, and one-fifth believed that the rape was
to be 'expected' in the military."
The statistics are shocking. The Department of Veteran Affairs for the
greater Los Angeles area reports "military sexual trauma . . . occurs
among 16 to 23 percent of military personnel."
Hawai`i has a population with one of the highest percentages of
military families. The Military Medicine study reported "rates of
marital aggression in the military are 2 to 5 times higher than
civilian rates . . .[but] veterans and military personnel rarely report
problems. Instead, they tend to seek treatment for an array of physical
problems related to the violence.
"The trauma and embarrassment often keep individuals from reporting the
abuse . . . [for fear] no one will believe them, that their careers
will be disrupted, that they will be harassed or face retribution from
their attackers, or that they will be told to just 'suck it up.'"
Whether JROTC cadets and their parents are being given the full story
regarding sexual harassment, misconduct and abuse in the military looks
doubtful.
A blogger on the BIW website named "Takiko" wrote "I want you people to
realize that no matter what is out there, young adults cannot be
blocked from violence. If you are that worried, you might as well throw
your television out the window . . . JROTC just teaches us about life .
. .and so what if people join the military after being in the program?"
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